Ins 4.10(14)(a)13.
13. Theft frequency in which there have been more than 2 thefts, each loss amounting to at least $500 in a 12-month period.
Ins 4.10(14)(a)15.
15. On homeowners policies, excessive theft or liability losses. If on a given property there have been 2 or more losses within a 2-year period or 3 or more losses within a 5-year period, with theft and liability evaluated separately, the Plan may convert the homeowners policy to a dwelling policy.
Ins 4.10(14)(a)16.
16. On homeowner policies, excessive vandalism and malicious mischief losses. In the event that a given property has been subject to 2 vandalism and malicious mischief losses, each loss amounting to at least $500.00, in the immediately preceding 12-month period or 3 or more such losses in the immediately preceding 24-month period, the Plan may convert the homeowners policy to a dwelling policy without vandalism and malicious mischief coverage.
Ins 4.10(14)(d)
(d) The Plan shall terminate all insurance contracts in accordance with s.
631.36, Stats.
Ins 4.10(14)(e)
(e) At the completion of 36 months of coverage and prior to 48 months, each risk shall be reviewed for its eligibility for coverage in the voluntary market. The risk shall be submitted by the Plan to the agent of record, if any, for a search of the voluntary market. If the agent resubmits the risk to the Plan, it must be resubmitted by a new application and accompanied by a current rejection notice. The Plan shall reinspect the risk before coverage is provided.
Ins 4.10(15)(a)(a) Participation and assessments by and upon each insurer in the Plan for losses and expenses in connection with Plan business shall be levied and assessed by the governing committee of the Plan on the basis of participation factors determined annually, giving effect to the proportion which such insurer's weighted premiums written bears to the aggregate weighted premiums written by all insurers in the Plan.
Ins 4.10(15)(b)
(b) If any member fails to pay an assessment within 30 days after it is due, the unpaid assessment may be collected from the remaining members.
Ins 4.10(16)(a)(a) Each notice by the plan to an insured or applicant of cancellation, nonrenewal, reduction in coverage or declination shall include notice of the right to a hearing under ch.
Ins 5, if the person files a petition for a hearing with the commissioner of insurance not later than 30 days after the notice is mailed. The notice shall describe the requirements of s.
Ins 5.11 (1).
Ins 4.10(16)(b)
(b) The office of the commissioner of insurance shall hold a hearing within 30 days after receipt of a complete petition under par.
(a), except under either of the following circumstances:
Ins 4.10(16)(b)1.
1. The issue is the plan's intent to cancel, nonrenew or reduce the petitioner's coverage, and the plan waives the right to a hearing within 30 days.
Ins 4.10(16)(b)2.
2. The issue is the plan's declination of the petitioner's application for coverage and the petitioner waives the right to a hearing within 30 days.
Ins 4.10(16)(c)
(c) At the hearing the petitioner has the burden of proving by a preponderance of the evidence that the plan's decision is erroneous under this chapter or the policy terms.
Ins 4.10(16)(d)
(d) Filing a petition under par.
(a) stays the action of the plan with respect to cancellation, nonrenewal or reduction in coverage. The petitioner's coverage shall remain in effect during the pendency of the proceedings as long as the petitioner continues to pay the plan premium.
Ins 4.10(16)(e)
(e) The plan shall comply with the final decision and order in the contested case proceeding. A final decision and order affirming the plan's decision to cancel, nonrenew or reduce the petitioner's coverage shall take effect 30 days after the date of the final decision and order. Upon receipt of the final decision and order, the plan shall notify the petitioner of the action it intends to take to implement the order.
Ins 4.10 Note
Note: A petition under sub. (16) shall be filed as provided in s.
Ins 5.17.
Ins 4.10(17)(a)(a) Commission to the licensed agent designated by the applicant shall be 10% of all policy premiums. The Plan shall not license agents.
Ins 4.10(17)(b)
(b) In the event of cancellation of a policy, or if an endorsement is issued which requires the premium to be returned to the insured, the agent shall refund ratably to the Plan commissions on the return premium at the same rate at which such commissions were originally paid.
Ins 4.10(18)
(18)
Public education. In cooperation with the insurance commissioner, the Plan shall undertake a continuing education program with insurers, agents and consumers about the Plan's insurance program and its availability. All insurers and agents shall cooperate fully in the continuing education program.
Ins 4.10(19)(a)
(a) Each insurer shall require its licensed agents to cooperate fully in the accomplishment of the intents and purposes of the plan.
Ins 4.10(19)(b)
(b) Licensed insurance agents may not act as agents for the Plan.
Ins 4.10(19)(c)
(c) Licensed insurance agents may not do any of the following:
Ins 4.10(19)(c)4.
4. Act on behalf of the Plan or commit the Plan to any course of action.
Ins 4.10(19)(d)
(d) Insurance agents shall assist applicants who need to apply for coverage under the plan and shall submit applications that meet the requirements of sub.
(9). Agents shall follow the rules and procedures of the Plan.
Ins 4.10(20)
(20)
Review by commissioner. The governing committee shall report to the commissioner the name of any insurer or agent which fails to comply with the provisions of the Plan or with any rules prescribed thereunder by the governing committee or to pay within 30 days any assessment levied.
Ins 4.10(21)
(21)
Indemnification. Each person serving on the governing committee or any of its subcommittees, each member of the Plan, and the manager and each officer and employee of the Plan shall be indemnified by the Plan against all cost, settlement, judgment, and expense actually and necessarily incurred by that person in connection with the defense of any action, suit, or proceeding in which that person is made a party by reason of that person being or having been a member of the governing committee, or a member or manager or officer or employee of the Plan except in relation to matters as to which that person has been judged in an action, suit, or proceeding to be liable by reason of willful misconduct in the performance of that person's duties as a member of the governing committee, as a member, manager, officer or employee of the Plan. This indemnification shall not apply to any loss, cost or expense on insurance policy claims under the Plan. Indemnification under this section shall not be exclusive of other rights to which the member, manager, officer, or employee may be entitled as a matter of law.
Ins 4.10(22)
(22)
Effective date. This rule shall take effect as provided by s.
227.22, Stats., on the first day of the month following its publication in the register.
Ins 4.10 History
History: Cr.
Register, December, 1969, No. 168, eff. 1-1-70; am. (3) (c) and (4) (b), cr. (4) (c), am. (5) (a) and (9) (a), renum. (9) (b) to be (c), and cr. (9) (b), am. (11) (a) 3. a. and c. and cr. 3. d, am. (15) (b) 2. and 4.,
Register, June, 1971, No. 186, 7-1-71; am. (3) (c) 3.,
Register, August, 1971, No. 188, eff. 9-1-71; emerg. am. (2), (3) (c) 1., 2., and 3., eff. 6-22-76; am. (2), (3) (c) 1., 2, and 3,
Register, September, 1976, No. 249, eff. 10-1-76; am. (3) (c), (4) (b) and (23),
Register, April, 1977, No. 256, eff. 5-1-77; am. (3) (h) 2.,
Register, May, 1978, No. 269, eff. 6-1-78; am. (6) and (23),
Register, December, 1978, No. 276, eff. 1-1-79; am. (3) (c) 1., 2. and 3. and (6) (b) 1.,
Register, March, 1979, No. 279, eff. 4-1-79; am. (6) (b) 1., (7) (a) and (b),
Register, May, 1979, No. 281, eff. 6-1-79; am. (6) (b) (intro.),
Register, December, 1979, No. 288, eff. 1-1-80; am. (1), (2), (7) (e) and (g) and (19), r. (22) and (23),
Register, April, 1981, No. 304, eff. 5-1-81; r. and recr.,
Register, August, 1983, No. 332, eff. 9-1-83; corrections in (10), (11) (14) and (22) made under 13.93 (2m) (b) 5. and 7., Stats.,
Register, April, 1992, No. 436; r. and recr. (16) (a) to (c), renum. (16) (d) to be (14) (e),
Register, March, 1996, No. 483, eff. 4-1-96; am. (3) (a) 3., (b), (g), (4) (b), (c), (7) (a), (d), (e), (8) (b), (d), (9) (b), (c), (10) (e), (11) (a) (intro.), 3., (c), (e), (12) (b), (h), (13) (d), (14) (a) 2., 5., 6. 12., r. (3) (c) 2., 3., (8) (e), (10) (d), (13) (b), (14) (b) and (c), cr. (4) (d), (13) (f), (g), r. and recr. (18) and (19),
Register, December, 1998, No. 516, eff. 1-1-99; correction in (19) made under s. 13.93 (2m) (b) 1., Stats.,
Register, February, 1999, No. 518;
CR 18-097: am. (3) (a) (intro.), 1., r. (3) (a) 2., am. (4) (b), r. (4) (c), am. (4) (d), (6) (b) (intro.), 1., 3., (7) (a), (8) (c)
Register August 2020 No. 776, eff. 9-1-20;
correction in (3) (a) 1. made under s. 35.17, Stats., Register January 2021 No. 781.
