Amendment ASA1-AB75

AB75-ASA1,1595,7 619.01 (1) (a) Establishment of plans. If the commissioner finds after a hearing that in any part of this state automobile insurance, property insurance, health care liability insurance, liability insurance but not to include coverage for risks which that are determined to be uninsurable, worker's compensation insurance, insurance coverage for foster homes or treatment foster homes, or insurance coverage for group homes is not readily available in the voluntary market, and that the public interest requires such that availability, the commissioner may by rule either promulgate plans to provide such insurance coverages for any risks in this state which that are equitably entitled to, but otherwise unable to obtain such, that coverage, or may call upon the insurance industry to prepare plans for the commissioner's approval.

AB75-ASA1, s. 3142 Section 3142. 619.01 (1) (c) 1. of the statutes is amended to read:

AB75-ASA1,1595,16 619.01 (1) (c) 1. Each plan, except a health care liability insurance plan, a foster home protection insurance plan, a treatment foster home protection insurance plan or a group home protection insurance plan, shall require participation by all insurers doing any business in this state of the types covered by the specific plan and all agents licensed to represent such those insurers in this state for the specified types of business, except that the commissioner may exclude classes of persons for administrative convenience or because it is not equitable or practicable to require them to participate in the plan.

AB75-ASA1, s. 3143 Section 3143. 619.01 (1) (c) 4m. of the statutes is repealed.

AB75-ASA1, s. 3144 Section 3144. 619.01 (9) of the statutes is amended to read:

AB75-ASA1,1595,25 619.01 (9) Foster home protection insurance. In this section "foster home protection insurance" means insurance coverage to protect persons who receive a license to operate a foster home under s. 48.62 (1) (a) against the unique risks, determined by the commissioner, to which such those persons are exposed. If the persons have insurance which that covers any of these those risks, the foster home protection insurance may insure against any or all of the other risks, and may provide additional or excess limits coverage for any or all of these those risks.

AB75-ASA1, s. 3145 Section 3145. 619.01 (9m) of the statutes is repealed.

AB75-ASA1, s. 3146 Section 3146. 628.47 of the statutes is created to read:

AB75-ASA1,1596,5 628.47 Requirement before paying certain claims. (1) Subject to sub. (2), before paying an insurance claim of $500 or more to any individual, an insurer shall comply with s. 49.895.

AB75-ASA1,1596,8 (2) This section applies only to the types of insurance payments specified in s. 49.895 (5) (a) and does not apply to the types of insurance payments specified in s. 49.895 (5) (b).

AB75-ASA1, s. 3147 Section 3147. 631.43 (3) of the statutes is amended to read:

AB75-ASA1,1596,11 631.43 (3) Exception. Subsection (1) does not affect the rights of insurers to exclude, limit or reduce restrict coverage under s. 632.32 (5) (b), or (c) or (f) to (j).

AB75-ASA1, s. 3147g Section 3147g. 631.89 (2) (bm) of the statutes is amended to read:

AB75-ASA1,1596,17 631.89 (2) (bm) Require or request directly or indirectly a health care provider, as defined in s. 146.81 (1) (a) to (p), who is or may be providing or who has or may have provided health care services to an individual to reveal whether the individual or a member of the individual's family has obtained a genetic test or what the results of the test, if obtained by the individual or a member of the individual's family, were.

AB75-ASA1, s. 3148 Section 3148. 632.32 (2) (a) of the statutes is renumbered 632.32 (2) (at).

AB75-ASA1, s. 3149 Section 3149. 632.32 (2) (am) of the statutes is created to read:

AB75-ASA1,1596,22 632.32 (2) (am) "Medical payments coverage" means coverage to indemnify for medical payments or chiropractic payments or both for the protection of all persons using the insured motor vehicle from losses resulting from bodily injury or death.

AB75-ASA1, s. 3150 Section 3150. 632.32 (2) (c) of the statutes is renumbered 632.32 (2) (h).

AB75-ASA1, s. 3151 Section 3151. 632.32 (2) (cm) of the statutes is created to read:

AB75-ASA1,1597,4 632.32 (2) (cm) "Umbrella or excess liability policy" means an insurance contract providing at least $1,000,000 of liability coverage per person or per occurrence in excess of certain required underlying liability insurance coverage or a specified amount of self-insured retention.

AB75-ASA1, s. 3152 Section 3152. 632.32 (2) (d) of the statutes is created to read:

AB75-ASA1,1597,9 632.32 (2) (d) "Underinsured motorist coverage" means coverage for the protection of persons insured under that coverage who are legally entitled to recover damages for bodily injury, death, sickness, or disease from owners or operators of underinsured motor vehicles.

AB75-ASA1, s. 3153 Section 3153. 632.32 (2) (e) of the statutes is created to read:

AB75-ASA1,1597,12 632.32 (2) (e) "Underinsured motor vehicle" means a motor vehicle to which all of the following apply:

AB75-ASA1,1597,14 1. The motor vehicle is involved in an accident with a person who has underinsured motorist coverage.

AB75-ASA1,1597,16 2. A bodily injury liability insurance policy applies to the motor vehicle at the time of the accident.

AB75-ASA1,1597,18 3. The limits under the bodily injury liability insurance policy are less than the amount needed to fully compensate the insured for his or her damages.

AB75-ASA1, s. 3154 Section 3154. 632.32 (2) (f) of the statutes is created to read:

AB75-ASA1,1597,23 632.32 (2) (f) "Uninsured motorist coverage" means coverage for the protection of persons insured under that coverage who are legally entitled to recover damages for bodily injury, death, sickness, or disease from owners or operators of uninsured motor vehicles.

AB75-ASA1, s. 3155 Section 3155. 632.32 (2) (g) of the statutes is created to read:

AB75-ASA1,1598,7 632.32 (2) (g) "Uninsured motor vehicle" means a motor vehicle that is involved in an accident with a person who has uninsured motorist coverage and with respect to which, at the time of the accident, a bodily injury liability insurance policy is not in effect and the owner or operator has not furnished proof of financial responsibility for the future under subch. III of ch. 344. "Uninsured motor vehicle" also includes any of the following motor vehicles involved in an accident with a person who has uninsured motorist coverage:

AB75-ASA1,1598,9 1. An insured motor vehicle if before or after the accident the liability insurer of the motor vehicle is declared insolvent by a court of competent jurisdiction.

AB75-ASA1,1598,12 2. Except as provided in subd. 3., an unidentified motor vehicle, provided that an independent 3rd party provides evidence in support of the unidentified motor vehicle's involvement in the accident.

AB75-ASA1,1598,14 3. An unidentified motor vehicle involved in a hit-and-run accident with the person.

AB75-ASA1, s. 3156 Section 3156. 632.32 (4) (title) of the statutes is amended to read:

AB75-ASA1,1598,17 632.32 (4) (title) Required uninsured motorist, underinsured motorist, and medical payments coverages.

AB75-ASA1, s. 3157 Section 3157. 632.32 (4) (intro.) (except 632.32 (4) (title)) of the statutes is renumbered 632.32 (4) (a) (intro.) and amended to read:

AB75-ASA1,1598,25 632.32 (4) (a) (intro.) Every policy of insurance subject to this section that insures with respect to any motor vehicle registered or principally garaged in this state against loss resulting from liability imposed by law for bodily injury or death suffered by any person arising out of the ownership, maintenance, or use of a motor vehicle shall contain therein or supplemental thereto the following provisions for all of the following coverages:

AB75-ASA1, s. 3158 Section 3158. 632.32 (4) (a) (title) of the statutes is repealed.

AB75-ASA1, s. 3159 Section 3159. 632.32 (4) (a) 1. of the statutes is amended to read:

AB75-ASA1,1599,8 632.32 (4) (a) 1. For the protection of persons injured who are legally entitled to recover damages from owners or operators of uninsured motor vehicles because of bodily injury, sickness or disease, including death resulting therefrom Excluding a policy written by a town mutual organized under ch. 612, uninsured motorist coverage, in limits of at least $25,000 $100,000 per person and $50,000 $300,000 per accident.

AB75-ASA1, s. 3160 Section 3160. 632.32 (4) (a) 2. of the statutes is repealed.

AB75-ASA1, s. 3161 Section 3161. 632.32 (4) (a) 2m. of the statutes is created to read:

AB75-ASA1,1599,13 632.32 (4) (a) 2m. Excluding a policy written by a town mutual organized under ch. 612, underinsured motorist coverage, in limits of at least $100,000 per person and $300,000 per accident.

AB75-ASA1, s. 3162 Section 3162. 632.32 (4) (a) 3. of the statutes is renumbered 632.32 (4) (c) and amended to read:

AB75-ASA1,1599,19 632.32 (4) (c) Insurers Unless an insurer waives the right to subrogation, insurers making payment under the uninsured motorists' coverage any of the coverages under this subsection shall, to the extent of the payment, be subrogated to the rights of their insureds.

AB75-ASA1, s. 3163 Section 3163. 632.32 (4) (b) (title) of the statutes is repealed.

AB75-ASA1, s. 3164 Section 3164. 632.32 (4) (b) of the statutes is renumbered 632.32 (4) (a) 3m. and amended to read:

AB75-ASA1,1600,7 632.32 (4) (a) 3m. To indemnify for medical payments or chiropractic payments or both Medical payments coverage, in the amount of at least $1,000 $10,000 per person for protection of all persons using the insured motor vehicle from losses resulting from bodily injury or death. The named insured may reject the coverage. If the named insured rejects the coverage, it need not be provided in a subsequent renewal policy issued by the same insurer unless the insured requests it in writing. Under the medical or chiropractic payments coverage, the insurer shall be subrogated to the rights of its insured to the extent of its payments. Coverage written under this paragraph subdivision may be excess coverage over any other source of reimbursement to which the insured person has a legal right.

AB75-ASA1, s. 3165 Section 3165. 632.32 (4) (bc) of the statutes is created to read:

AB75-ASA1,1600,12 632.32 (4) (bc) Notwithstanding par. (a) 3m., the named insured may reject medical payments coverage. If the named insured rejects the coverage, the coverage need not be provided in a subsequent renewal policy issued by the same insurer unless the insured requests it in writing.

AB75-ASA1, s. 3166 Section 3166. 632.32 (4m) of the statutes is repealed.

AB75-ASA1, s. 3167 Section 3167. 632.32 (4r) of the statutes is created to read:

AB75-ASA1,1600,24 632.32 (4r) Required written offers of uninsured motorist and underinsured motorist coverages for umbrella or excess liability policies. (a) An insurer writing umbrella or excess liability policies that insure with respect to a motor vehicle registered or principally garaged in this state against loss resulting from liability imposed by law for bodily injury or death suffered by a person arising out of the ownership, maintenance, or use of a motor vehicle shall provide written offers of uninsured motorist coverage and underinsured motorist coverage, which offers shall include a brief description of the coverage offered. An insurer is required to provide the offers required under this subsection only one time with respect to any policy in the manner provided in par. (b).

AB75-ASA1,1601,4 (b) 1. Each application for an umbrella or excess liability policy issued on or after the effective date of this subdivision .... [LRB inserts date], shall contain a written offer of uninsured motorist coverage and a written offer of underinsured motorist coverage.

AB75-ASA1,1601,12 2. For umbrella or excess liability policies that are in effect on the effective date of this subdivision .... [LRB inserts date], the insurer shall provide a written offer of uninsured motorist coverage to the named insureds under each policy that does not include uninsured motorist coverage and a written offer of underinsured motorist coverage to the named insureds under each policy that does not include underinsured motorist coverage. The insurer shall provide an offer under this subdivision in conjunction with the notice of the first renewal of the policy occurring after the effective date of this subdivision .... [LRB inserts date].

AB75-ASA1,1601,17 (c) An applicant or named insureds may reject one or both of the coverages offered, but must do so in writing. If the applicant or named insureds reject either of the coverages offered, the insurer is not required to provide the rejected coverage under a policy that is renewed to the person by that insurer unless an insured under the policy subsequently requests the rejected coverage in writing.

AB75-ASA1,1602,2 (d) If an umbrella or excess liability policy that was issued on or after the effective date of this paragraph .... [LRB inserts date], or an umbrella or excess liability policy that was in effect on, but renewed after, the effective date of this paragraph .... [LRB inserts date], includes neither uninsured motorist coverage nor underinsured motorist coverage, or only one of the coverages, and the insurer did not provide a written offer required under par. (b) 1. or 2. with respect to the coverage or coverages not included, on the request of the insured the court shall reform the policy to include the coverage or coverages not included and for which the insurer did not provide a written offer, with the same limits as the liability coverage limits under the policy.

AB75-ASA1,1602,3 (e) This subsection does not apply to a town mutual organized under ch. 612.

AB75-ASA1, s. 3168 Section 3168. 632.32 (5) (f) of the statutes is renumbered 632.32 (6) (d) and amended to read:

AB75-ASA1,1602,12 632.32 (6) (d) A No policy may provide that, regardless of the number of policies involved, vehicles involved, persons covered, claims made, vehicles or premiums shown on the policy, or premiums paid, the limits for any uninsured motorist coverage or underinsured motorist coverage under the policy may not be added to the limits for similar coverage applying to other motor vehicles to determine the limit of insurance coverage available for bodily injury or death suffered by a person in any one accident.

AB75-ASA1, s. 3169 Section 3169. 632.32 (5) (g) of the statutes is renumbered 632.32 (6) (e) and amended to read:

AB75-ASA1,1602,20 632.32 (6) (e) A No policy may provide that the maximum amount of uninsured motorist coverage or underinsured motorist coverage available for bodily injury or death suffered by a person who was not using a motor vehicle at the time of an accident is the highest any single limit of uninsured motorist coverage or underinsured motorist coverage, whichever is applicable, for any motor vehicle with respect to which the person is insured.

AB75-ASA1, s. 3170 Section 3170. 632.32 (5) (h) of the statutes is renumbered 632.32 (6) (f) and amended to read:

AB75-ASA1,1603,2 632.32 (6) (f) A No policy may provide that the maximum amount of medical payments coverage available for bodily injury or death suffered by a person who was not using a motor vehicle at the time of an accident is the highest any single limit of medical payments coverage for any motor vehicle with respect to which the person is insured.

AB75-ASA1, s. 3171 Section 3171. 632.32 (5) (i) of the statutes is renumbered 632.32 (6) (g), and 632.32 (6) (g) (intro.), as renumbered, is amended to read:

AB75-ASA1,1603,8 632.32 (6) (g) (intro.) A No policy may provide that the limits under the policy for uninsured motorist coverage or underinsured motorist coverage for bodily injury or death resulting from any one accident shall be reduced by any of the following that apply:

AB75-ASA1, s. 3172 Section 3172. 632.32 (5) (j) of the statutes is renumbered 632.32 (6) (h), and 632.32 (6) (h) (intro.), as renumbered, is amended to read:

AB75-ASA1,1603,13 632.32 (6) (h) (intro.) A No policy may provide that any uninsured motorist coverage or underinsured motorist coverage under the policy does not apply to a loss resulting from the use of a motor vehicle that meets all of the following conditions:

AB75-ASA1, s. 3172f Section 3172f. 632.35 of the statutes is amended to read:

AB75-ASA1,1603,20 632.35 Prohibited rejection, cancellation, and nonrenewal. No insurer may cancel or refuse to issue or renew an automobile insurance policy wholly or partially because of one or more of the following characteristics of any person: age, sex, residence, race, color, creed, religion, national origin, ancestry, marital status or, occupation, or issuance to the person of a driver card under s. 343.09 or a driver card instruction permit under s. 343.07 (1j).

AB75-ASA1, s. 3173 Section 3173. 632.72 (1g) (b) of the statutes is amended to read:

AB75-ASA1,1603,25 632.72 (1g) (b) "Medical benefits or assistance" means health care services funded by a relief block grant under ch. 49, as defined in s. 49.001 (5p); medical assistance, as defined under s. 49.43 (8); or maternal and child health services under s. 253.05.

AB75-ASA1, s. 3173b Section 3173b. 632.725 (1) of the statutes is amended to read:

AB75-ASA1,1604,3 632.725 (1) Definition. In this section, "health care provider" has the meaning given in s. 146.81 (1) (a) to (p).

AB75-ASA1, s. 3173d Section 3173d. 632.7495 (4) of the statutes is renumbered 632.7495 (4) (intro.) and amended to read:

AB75-ASA1,1604,9 632.7495 (4) (intro.) Notwithstanding Except as the commissioner may provide by rule under sub. (5) and notwithstanding subs. (1) and (2) and s. 631.36 (4), an insurer is not required to renew individual health benefit plan coverage that complies with all of the following:

AB75-ASA1,1604,11 (a) The coverage is marketed and designed to provide short-term coverage as a bridge between coverages.

AB75-ASA1, s. 3173f Section 3173f. 632.7495 (4) (b) of the statutes is created to read:

AB75-ASA1,1604,13 632.7495 (4) (b) The coverage has a term of not more than 12 months.

AB75-ASA1, s. 3173h Section 3173h. 632.7495 (4) (c) of the statutes is created to read:

AB75-ASA1,1604,19 632.7495 (4) (c) The coverage term aggregated with all consecutive periods of the insurer's coverage of the insured by individual health benefit plan coverage not required to be renewed under this subsection does not exceed 18 months. For purposes of this paragraph, coverage periods are consecutive if there are no more than 63 days between the coverage periods.

AB75-ASA1, s. 3173j Section 3173j. 632.7495 (4) (d) of the statutes is created to read:

AB75-ASA1,1604,21 632.7495 (4) (d) Rules promulgated by the commissioner under sub. (5).

AB75-ASA1, s. 3173m Section 3173m. 632.7495 (5) of the statutes is created to read:

AB75-ASA1,1604,25 632.7495 (5) The commissioner shall promulgate rules governing disclosures related to, and may promulgate rules setting standards for, the sale of individual health benefit plans that an insurer is not required to renew under sub. (4).

AB75-ASA1, s. 3174 Section 3174. 632.7497 of the statutes is created to read:

AB75-ASA1,1605,5 632.7497 Modifications at renewal. (1) In this section, "individual major medical or comprehensive health benefit plan" includes coverage under a group policy that is underwritten on an individual basis and issued to individuals or families.

AB75-ASA1,1605,8 (2) An insurer that issues an individual major medical or comprehensive health benefit plan shall, at the time of a coverage renewal, at the request of an insured, permit the insured to do either of the following: