CHAPTER 600
INSURANCE — GENERAL PROVISIONS
600.01 Scope of application.
600.02 Interpretive rules.
600.03 Definitions, usages and synonyms.
600.13 Orders relaxing restrictions.
Ch. 600 Cross-reference
Cross-reference: See definitions in s.
628.02.
Ch. 600 Note
NOTE: Chap. 260, laws of 1971, which created this chapter of the statutes, contains notes explaining the revision.
600.01
600.01
Scope of application. 600.01(1)(a)(a) Chapters 600 to
655 restrict otherwise legitimate business activity and what
chs. 600 to
655 do not prohibit is permitted unless contrary to other provisions of the law of this state.
600.01(1)(b)2.
2. Death and disability benefits provided by an organization the principal purpose of which is not to provide such benefits but to seek charitable, educational, social or religious objectives not related thereto, if the organization does not incur a legal obligation to pay a specified amount.
600.01(1)(b)3.
3. Group or blanket insurance covering risks in this state if:
600.01(1)(b)3.a.
a. Both the policyholder and the group exist primarily for purposes other than to procure insurance;
600.01(1)(b)3.am.
am. The relationship or association between the policyholder and the group was not created for purposes of procuring insurance;
600.01(1)(b)3.b.
b. The policyholder is not a Wisconsin corporation or other resident and does not have its principal office in Wisconsin;
600.01(1)(b)3.c.
c. No more than 25% of the certificate holders or insureds are resident in this state;
600.01(1)(b)3.cm.
cm. Exemption from the operation of
chs. 600 to
646 is not determined by rule or order of the commissioner to be contrary to the public interest;
600.01(1)(b)3.d.
d. On request of the commissioner, the insurer files with the commissioner a copy of the policy and a copy of each form of certificate; and
600.01(1)(b)3.e.
e. The insurer agrees to pay taxes on the Wisconsin portion of the business on the same basis it would do if authorized to do business in this state, and provides the commissioner with such security as the commissioner deems necessary for the payment of such taxes.
600.01(1)(b)4.
4. Group or blanket insurance covering risks mainly outside this state if:
600.01(1)(b)4.a.
a. Both the policyholder and the group exist primarily for purposes other than to procure insurance;
600.01(1)(b)4.am.
am. The relationship or association between the policyholder and the group was not created for purposes of procuring insurance;
600.01(1)(b)4.b.
b. The policyholder is not a Wisconsin corporation or other resident and does not have its principal office in Wisconsin; and
600.01(1)(b)4.c.
c. Any Wisconsin residents insured under the policy are covered because their principal place of employment is outside the state.
600.01(1)(b)5.
5. Other business specified in rules promulgated by the commissioner on a finding that the transaction of such business in this state does not require regulation for the protection of the interests of Wisconsin insureds or public or for which it would be impracticable to require compliance with
chs. 600 to
646, when necessary expenses and efforts are compared with the possible benefits.
600.01(1)(b)6.
6. Transactions directly procured through negotiations under
s. 618.42, except as they are subject to taxation under
s. 618.43.
600.01(1)(b)7.
7. Guarantees of the Wisconsin health and educational facilities authority under
s. 231.35.
600.01(1)(b)8.
8. Guarantees of the Wisconsin housing and economic development authority under
ss. 234.67,
234.68,
234.69,
234.765,
234.82,
234.83,
234.84,
234.87,
234.90,
234.905,
234.907 and
234.91.
600.01 Note
NOTE: Subd. 8. is shown as affected by two acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c).
600.01(2)(a)(a) After a hearing, the commissioner may order an insurer to transfer the Wisconsin portion of the business under
sub. (1) (b) 3. or
4. to an authorized insurer if it is written by an unauthorized one, or may subject any insurance under
sub. (1) (b) 1. to
6. to
chs. 600 to
646, on a finding that the foregoing conditions are not satisfied or that any circumstances require that the insurer be authorized to do business in this state or that the transactions be subject to
chs. 600 to
646 in order to provide adequate protection to Wisconsin insureds and public. Coverage of a resident of this state is the doing of an insurance business in this state and subjects the insurer to the jurisdiction of the commissioner and of the courts of this state.
Effective date note
NOTE: Par. (b) is shown as amended eff. 5-1-97 by
1995 Wis. Act 289. Prior to 5-1-97 it reads:
Effective date text
(b) Group or blanket insurance described in sub. (1) (b) 3. and 4. is not exempt from ch. 633 or 635.
600.01 Annotation
Legislative Council Note to (1) (a), 1975: There is a widespread but entirely erroneous notion that the provisions of the insurance code constitute, in general, an enabling act. On the contrary, insurance is an area of free contractual activity except as restricted by the insurance code. It is well to have that point of departure clearly established by the statutes. [Bill 642-S]
600.01 Annotation
Where policy provided that insured shall do nothing after loss to prejudice insurer's subrogation rights and insured waived insurer's rights prior to loss, the equities and insurance law mandate coverage. Ins. Co. of North America v. Univ. Mtg. Corp. 82 W (2d) 170, 262 NW (2d) 92.
600.01 Annotation
See note to 632.24, citing Ott v. All-Star Ins. Corp. 99 W (2d) 635, 299 NW (2d) 839 (1981).
600.02
600.02
Interpretive rules. In
chs. 600 to
655, unless the context indicates otherwise:
600.02(1)
(1) "Includes" means "including but not limited to".
600.02(2)
(2) Statements that a term "includes" or "excludes" something else are not definitions.
600.02(3)
(3) References in
s. 600.03 to particular sections only indicate where a term is especially relevant, and do not limit its application to such sections.
600.03
600.03
Definitions, usages and synonyms. In
chs. 600 to
655, unless the context indicates otherwise:
600.03(1)
(1) "Affiliate" of a person means any other person who controls, is controlled by, or is under common control with, the first person. A corporation is an affiliate of another corporation, regardless of ownership, if substantially the same group of persons manage the 2 corporations.
600.03(1r)
(1r) "Agent" means an intermediary as defined in
s. 628.02, other than a broker or surplus lines broker.
600.03(2)
(2) "Alien insurer" means an insurer domiciled outside the United States. See also "nondomestic insurer". Compare "foreign insurer".
600.03(3)
(3) "Articles" is synonymous with "articles of incorporation", which includes the original articles or special law or charter corresponding thereto, and all amendments, and includes restated articles. See also "bylaws". See
s. 611.12.
600.03(4)
(4) A "blanket insurance policy" is a group policy covering unscheduled classes of persons, with the persons insured to be determined by definition of the class with or without designation of the persons covered but without any individual underwriting.
600.03(5)
(5) "Board" is synonymous with "board of trustees" and "board of directors", and means the group of persons vested with the management of a corporation, by whatever name designated.
600.03(7)
(7) "Bylaws" means the rules, other than articles, adopted for the regulation or management of a corporation's affairs, by whatever name designated. See also "articles". See
s. 611.12.
600.03(9)
(9) "Certificate of authority" is synonymous with "license".
600.03(11)
(11) "Commissioner" means the "commissioner of insurance" of this state, or the equivalent supervisory official of another jurisdiction.
