2003 Wisconsin Act 302

(d) At the hearing, the commissioner bears the burden of proving that the order issued under par. (a) is justified. Chapter 227 applies to a hearing request under this subsection.

(e) The commissioner may bring an action in any court of competent jurisdiction for an injunction or other appropriate relief to enjoin a threatened or existing violation of this section or of a rule or order of the commissioner promulgated or issued under this section. An action filed under this paragraph may seek restitution on behalf of persons injured by a violation of this section or a violation of a rule or order of the commissioner promulgated or issued under this section.

(f) A person who violates this section or a rule or order of the commissioner promulgated or issued under this section may be ordered to forfeit to the state an amount determined by the commissioner, but not more than $500 per violation and not more than $10,000 for all violations of a similar nature. Violations are of a similar nature if the violation consists of the same or similar course of conduct, action, or practice, irrespective of the number of times the conduct, action, or practice that violated this section or a rule or order promulgated or issued under this section occurred.

302,2 Section 2. 600.01 (1) (b) 11. of the statutes is created to read:

600.01 (1) (b) 11. Warrantors, sellers, or administrators of vehicle protection product warranties under s. 100.203.

302,3 Section 3. 601.31 (1) (km) of the statutes is created to read:

601.31 (1) (km) For processing and maintaining registration records under s. 100.203 (2), a fee to be set by the commissioner by rule but not to exceed $250 annually.

302,4 Section 4. 601.41 (1) (intro.) of the statutes is amended to read:

601.41 (1) Duties. (intro.) The commissioner shall administer and enforce chs. 600 to 655 and ss. 59.52 (11) (c), 66.0137 (4) and (4m), 100.203, 120.13 (2) (b) to (g), 149.13, and 149.144 and shall act as promptly as possible under the circumstances on all matters placed before the commissioner.

302,5 Section 5. 631.37 (4) (g) of the statutes is created to read:

631.37 (4) (g) Warranty reimbursement insurance policy. Section 632.185 (2) (e) applies to warranty reimbursement insurance policies.

302,6 Section 6. 632.185 of the statutes is created to read:

632.185 Vehicle protection product warranty insurance policy. (1) In this section:

(a) "Vehicle protection product" has the meaning given in s. 100.203 (1) (e).

(b) "Warrantor" has the meaning given in s. 100.203 (1) (f).

(c) "Warranty" has the meaning given in s. 100.203 (1) (g).

(d) "Warranty holder" has the meaning given in s. 100.203 (1) (h).

(e) "Warranty reimbursement insurance policy" has the meaning given in s. 100.203 (1) (i).

(2) A warranty reimbursement insurance policy that is issued, sold, or offered for sale in this state shall meet all of the following conditions:

(a) The policy is issued by an insurer authorized to do business in this state.

(b) The policy states that the issuer of the policy will reimburse or pay on behalf of the warrantor all covered sums that the warrantor is legally obligated to pay or will provide the service that the warrantor is legally obligated to perform according to the warrantor's contractual obligations under the provisions of the insured warranties sold by the warrantor.

(c) The policy states that if the warrantor does not provide payment due under the terms of the warranty within 60 days after the warranty holder has filed proof of loss according to the terms of the warranty, the warranty holder may file for a reimbursement directly with the issuer of the warranty reimbursement insurance policy.

(d) The policy provides that the issuer of the warranty reimbursement insurance policy has received payment of the premium if the warranty holder paid for the vehicle protection product covered under the insured warranty and that the insurer's liability under the policy may not be reduced or relieved by a failure of the warrantor to report to the insurer the issuance of a warranty.

(e) The policy contains the following provisions regarding cancellation:

1. The policy may not be canceled by the issuer until a written notice of cancellation has been mailed or delivered to the commissioner and the insured warrantor.

2. The cancellation of the policy does not reduce the issuer's responsibility with respect to warranties that apply to vehicle protection products sold prior to the date of cancellation.

3. If the warrantor has filed the policy with the commissioner and the issuer cancels the policy, the warrantor shall do one of the following:

a. File a copy of a new policy with the commissioner, before the termination of the prior policy, providing no lapse in coverage following the termination of the prior policy.

b. Discontinue acting as a warrantor as of the termination date of the policy until a new policy becomes effective and the commissioner accepts it.

302,7 Section 7. Initial applicability.

(1) This act first applies to warranted vehicle protection products and warranties that apply to vehicle protection products that are offered for sale on the effective date of this subsection.

302,8 Section 8. Effective date.

(1) This act takes effect on the first day of the 7th month beginning after publication.