253,109
Section
109. 343.16 (1) (b) 3. (intro.) of the statutes is amended to read:
343.16 (1) (b) 3. (intro.) At least annually, the department shall conduct an on-site inspection of the 3rd-party tester to determine compliance with the contract and with department and federal standards for testing applicants for commercial driver licenses and with department standards for testing applicants for school bus endorsements. At least annually, the department shall also evaluate testing given by the 3rd-party 3rd party by one of the following means:
Note: Corrects spelling.
253,110
Section
110. 346.70 (4) (i) 1. of the statutes is amended to read:
346.70 (4) (i) 1. As soon as practicable, contact the diplomatic security command center of the office of foreign missions, diplomatic motor vehicle office, within the the federal department of state, to verify the status and immunity, if any, of the driver claiming diplomatic immunity.
Note: Deletes repeated word.
253,111
Section
111. 401.202 of the statutes is amended to read:
401.202 Prima facie evidence by third party 3rd-party documents. A document in due form purporting to be a bill of lading, policy or certificate of insurance, official weigher's or inspector's certificate, consular invoice, or any other document authorized or required by the contract to be issued by a third 3rd party shall be prima facie evidence of its own authenticity and genuineness and of the facts stated in the document by the third
3rd party.
Note: Makes spelling consistent with current style and the majority of statutes.
253,112
Section
112. 402.107 (3) of the statutes is amended to read:
402.107 (3) The provisions of this section are subject to any third party 3rd-party rights provided by the law relating to realty records, and the contract for sale may be executed and recorded as a document transferring an interest in land and shall then constitute notice to third 3rd parties of the buyer's rights under the contract for sale.
Note: Makes spelling consistent with current style and the majority of statutes.
253,113
Section
113. 402.305 (1) (c) of the statutes is amended to read:
402.305 (1) (c) The price is to be fixed in terms of some agreed market or other standard as set or recorded by a third 3rd person or agency and it is not so set or recorded.
Note: Makes spelling consistent with current style and the majority of statutes.
253,114
Section
114. 402.312 (2) and (3) of the statutes are amended to read:
402.312 (2) A warranty under sub. (1) will be excluded or modified only by specific language or by circumstances which give the buyer reason to know that the person selling does not claim title in himself or herself or that the person selling is purporting to sell only such right or title as the person selling or a third 3rd person may have.
(3) Unless otherwise agreed a seller who is a merchant regularly dealing in goods of the kind warrants that the goods shall be delivered free of the rightful claim of any third 3rd person by way of infringement or the like but a buyer who furnishes specifications to the seller must hold the seller harmless against any such claim which arises out of compliance with the specifications.
Note: Makes spelling consistent with current style and the majority of statutes.
253,115
Section
115. 402.401 (intro.) of the statutes is amended to read:
402.401 Passing of title; reservation for security; limited application of this section. (intro.) Each provision of this chapter with regard to the rights, obligations, and remedies of the seller, the buyer, purchasers, or other third 3rd parties applies irrespective of title to the goods except where the provision refers to such title. Insofar as situations are not covered by the other provisions of this chapter and matters concerning title become material the following rules apply:
Note: Makes spelling consistent with current style and the majority of statutes.
253,116
Section
116. 402.503 (4) (b) of the statutes is amended to read:
402.503 (4) (b) Tender to the buyer of a nonnegotiable document of title or of a written direction to the bailee to deliver is sufficient tender unless the buyer seasonably objects, and receipt by the bailee of notification of the buyer's rights fixes those rights as against the bailee and all third 3rd persons; but risk of loss of the goods and of any failure by the bailee to honor the nonnegotiable document of title or to obey the direction remains on the seller until the buyer has had a reasonable time to present the document or direction, and a refusal by the bailee to honor the document or to obey the direction defeats the tender.
Note: Makes spelling consistent with current style and the majority of statutes.
253,117
Section
117. 402.515 (2) of the statutes is amended to read:
402.515 (2) The parties may agree to a third 3rd party inspection or survey to determine the conformity or condition of the goods and may agree that the findings shall be binding upon them in any subsequent litigation or adjustment.
Note: Makes spelling consistent with current style and the majority of statutes.
253,118
Section
118. 402.722 (intro.) and (1) of the statutes are amended to read:
402.722 Who can sue third 3rd parties for injury to goods. (intro.) Where a third 3rd party so deals with goods which have been identified to a contract for sale as to cause actionable injury to a party to that contract:
(1) A right of action against the third 3rd party is in either party to the contract for sale who has title to or a security interest or a special property or an insurable interest in the goods; and if the goods have been destroyed or converted a right of action is also in the party who either bore the risk of loss under the contract for sale or has since the injury assumed that risk as against the other;
Note: Makes spelling consistent with current style and the majority of statutes.
253,119
Section
119. 404.203 of the statutes is amended to read:
404.203 Effect of instructions. Subject to to s. 403.420 concerning conversion of instruments and to s. 403.206 concerning restrictive endorsements, only a collecting bank's transferor can give instructions that affect the bank or constitute notice to it and a collecting bank is not liable to prior parties for any action taken pursuant to the instructions or in accordance with any agreement with its transferor.
Note: Deletes repeated word.
253,120
Section
120. 407.502 (2) of the statutes is amended to read:
407.502 (2) Subject to s. 407.503, title and rights so acquired are not defeated by any stoppage of the goods represented by the document or by surrender of such goods by the bailee, and are not impaired even though the negotiation or any prior negotiation constituted a breach of duty or even though any person has been deprived of possession of the document by misrepresentation, fraud, accident, mistake, duress, loss, theft or conversion, or even though a previous sale or other transfer of the goods or document has been made to a third 3rd person.
Note: Makes spelling consistent with current style and the majority of statutes.
253,121
Section
121. 551.23 (19) (c) 1. (intro.) of the statutes is amended to read:
551.23
(19) (c) 1. (intro.) Unless the cause for disqualification is waived under subd. 2., no exemption under par. (a) is available for the securities of an issuer unless the issuer did not know and in the exercise of reasonable care could not have known that any of the following
apply applies to any of the persons described in
17 CFR 230.262 (a), (b)
, or (c):
Note: Corrects grammar.
253,122
Section
122. 560.768 (3) (a) (intro.) of the statutes is amended to read:
560.768 (3) (a) (intro.) The department may reduce a limit established under sub. (1) or (2) if the department determines that any of the following apply applies:
Note: Corrects grammar.
253,123
Section
123. 560.78 (2) (intro.) of the statutes is amended to read:
560.78 (2) (intro.) Subsection (1) does not apply if, after a hearing, the department, or the local governing body under sub. (3) (a), determines that any of the following apply applies:
Note: Corrects grammar.
253,124
Section
124. 605.24 (3) (title) of the statutes is amended to read:
605.24 (3) (title) Right over against
third 3rd persons.
Note: Makes spelling consistent with current style and the majority of statutes.
253,125
Section
125. 645.41 (3) of the statutes is amended to read:
645.41 (3) That the insurer is engaging in a systematic practice of reaching settlements with and obtaining releases from policyholders or third party 3rd-party claimants and then unreasonably delaying payment of or failing to pay the agreed upon settlements;
Note: Corrects spelling and makes word form consistent with current style and the majority of statutes.
253,126
Section
126. 645.54 (3) (b) of the statutes is amended to read:
645.54 (3) (b) When liens are superior. A lien obtainable by legal or equitable proceedings could become superior to the rights of a transferee, or a purchaser could obtain rights superior to the rights of a transferee within the meaning of sub. (2), if such consequences would follow only from the lien or purchase itself, or from the lien or purchase followed by any step wholly within the control of the respective lienholder or purchaser, with or without the aid of ministerial action by public officials. Such a lien could not, however, become superior and such a purchase could not create superior rights for the purpose of sub. (2) through any acts subsequent to the obtaining of such a lien or subsequent to such a purchase which require the agreement or concurrence of any third 3rd party or which require any further judicial action, or ruling.
Note: Makes spelling consistent with current style and the majority of statutes.
253,127
Section
127. 645.62 (1) (a) 7. of the statutes is amended to read:
645.62 (1) (a) 7. In the case of any 3rd party 3rd-party claim based on a liability policy issued by the insurer, a conditional release of the insured pursuant to s. 645.64 (1).
Note: Corrects spelling.
253,128
Section
128. 645.64 (title) and (1) of the statutes are amended to read:
645.64 (title) Special provisions for
third party 3rd-party claims. (1) Third party's claim. Whenever any third 3rd party asserts a cause of action against an insured of an insurer in liquidation, the third 3rd party may file a claim with the liquidator. The filing of the claim shall release the insured's liability to the third 3rd party on that cause of action in the amount of the applicable policy limit, but the liquidator shall also insert in any form used for the filing of third party 3rd-party claims appropriate language to constitute such a release. The release shall be void if the insurance coverage is avoided by the liquidator.
Note: Corrects spelling and makes word form consistent with current style and the majority of statutes.
253,129
Section
129. 645.64 (4) of the statutes is amended to read:
645.64 (4) Multiple claims. If several claims founded upon one policy are filed, whether by third
3rd parties or as claims by the insured under this section, and the aggregate allowed amount of the claims to which the same limit of liability in the policy is applicable exceeds that limit, each claim as allowed shall be reduced in the same proportion so that the total equals the policy limit. Claims by the insured shall be evaluated as in sub. (3). If any insured's claim is subsequently reduced under sub. (3), the amount thus freed shall be apportioned ratably among the claims which that have been reduced under this subsection.
Note: Makes spelling consistent with current style and the majority of statutes.
253,130
Section
130. 645.68 (3) of the statutes is amended to read:
645.68 (3) Loss claims. All claims under policies for losses incurred, including third party 3rd-party claims and federal, state, and local government claims, except the first $200 of losses otherwise payable to any claimant under this subsection other than the federal government. All claims under life insurance and annuity policies, whether for death proceeds, annuity proceeds, or investment values, shall be treated as loss claims. Claims may not be cumulated by assignment to avoid application of the $200 deductible provision.
Note: Corrects spelling and makes word form consistent with current style and the majority of statutes.
253,131
Section
131. 645.72 (1) of the statutes is amended to read:
645.72 (1) Payments to creditors. Subject to ch. 646 and under the direction of the court, the liquidator shall pay dividends as promptly as possible to security funds under sub. (2) and to other creditors in a manner that will assure the proper recognition of priorities and a reasonable balance between the expeditious completion of the liquidation and the protection of unliquidated and undetermined claims, including 3rd party 3rd-party claims. Distribution of assets in kind may be made at valuations set by agreement between the liquidator and the creditor and approved by the court.
Note: Corrects spelling.
253,132
Section
132. 646.13 (1) (b) of the statutes is amended to read:
646.13 (1) (b) Stand in the position of the insurer in the investigation, compromise, settlement, denial, and payment of claims under s. 646.31 and the defense of 3rd party 3rd-party claims against insureds, subject to the limitations of s. 645.43. The fund shall consult and cooperate with the liquidator in carrying out these duties.
Note: Corrects spelling.
253,133
Section
133. 646.31 (2) (d) of the statutes is amended to read:
646.31 (2) (d) Third party
Third-party claimants. A claim under a liability or workers' compensation insurance policy, if either the insured or the 3rd party
3rd-party claimant was a resident of this state at the time of the insured event.
Note: Corrects spelling.
253,134
Section
134. 646.35 (8) (d) (intro.) of the statutes is amended to read:
646.35 (8) (d) (intro.) If the fund transfers its obligations to another insurer and the fund and other insurer agree, unless the the fund has previously expressly determined in writing that it will not exercise an election under par. (b), the other insurer succeeds to the rights and obligations of the fund under pars. (b) and (c), regardless of whether the fund has exercised an election under par. (b). If the other insurer succeeds to the fund's rights and obligations under pars. (b) and (c):
Note: Deletes repeated word.
253,135
Section
135. 700.215 (title) of the statutes is amended to read:
700.215 (title) Exception for equitable rights of cotenants and third 3rd persons.
Note: Makes spelling consistent with current style and the majority of statutes.
253,136
Section
136. 700.40 (4) (intro.) of the statutes is amended to read:
700.40 (4) Validity of conservation easement. (intro.) A conservation easement is valid even though any of the following apply applies:
Note: Corrects grammar.
253,137
Section
137. 701.19 (11) of the statutes is amended to read:
701.19 (11) Protection of third 3rd parties. With respect to a third 3rd person dealing with a trustee or assisting a trustee in the conduct of a transaction, the existence of trust power and its proper exercise by the trustee may be assumed without inquiry. The third 3rd person is not bound to inquire whether the trustee has power to act or is properly exercising the power; and a third
3rd person, without actual knowledge that the trustee is exceeding the trustee's powers or improperly exercising them, is fully protected in dealing with the trustee as if the trustee possessed and properly exercised the powers the trustee purports to exercise. A third 3rd person is not bound to assure the proper application of trust property paid or delivered to the trustee.
