632.975(3)
(3) Penalties. If a vendor of portable electronics or an employee or authorized representative of a vendor violates any provision of this section, the commissioner may do any of the following:
632.975(3)(a)
(a) After notice and hearing conducted in accordance with
s. 601.62, impose forfeitures not to exceed $500 per violation.
632.975(3)(b)1.
1. Suspension of the selling or offering of portable electronics insurance at the specific business location where the violation occurred.
632.975(3)(b)2.
2. Suspension of the selling or offering of portable electronics insurance by an employee or authorized representative of a vendor.
632.975(3)(b)3.
3. Suspension or revocation of the selling or offering of portable electronics insurance by a vendor in this state.
632.975(4)
(4) Training. The insurer or supervising entity shall develop and administer the training program required under
sub. (2) (a) 4. that complies with all of the following:
632.975(4)(a)
(a) The insurer or supervising entity shall deliver training to employees and authorized representatives of a vendor who are directly engaged in selling or offering portable electronics insurance.
632.975(4)(b)
(b) The insurer or supervising entity may provide the training in electronic form. If the training is in electronic form, the insurer or supervising entity shall implement a supplemental education program regarding portable electronics insurance that is conducted and overseen by licensed employees of the insurer or supervising entity.
632.975(4)(c)
(c) The insurer or supervising entity shall provide to every employee and authorized representative of a vendor basic instruction about the portable electronics insurance offered to customers and the disclosures required under
sub. (6).
632.975(5)(a)(a) A vendor of portable electronics may not compensate an employee or authorized representative based primarily on the number of customers enrolled in portable electronics insurance coverage but the vendor may compensate an employee or authorized representative, in a manner that is incidental to his or her overall compensation, for activities related to the sale or offering of portable electronics insurance.
632.975(5)(b)1.1. A vendor of portable electronics may bill and collect the charges for portable electronics insurance coverage.
632.975(5)(b)2.
2. The vendor shall separately itemize on the enrolled customer's bill any charge to the enrolled customer for coverage that is not included in the cost associated with the purchase or lease of the portable electronics.
632.975(5)(b)3.
3. If the portable electronics insurance coverage is included with the purchase or lease of a portable electronic device, the vendor shall clearly and conspicuously disclose to the enrolled customer that the coverage is included with the purchase or lease of the portable electronic device.
632.975(5)(b)4.
4. A vendor that bills and collects charges from an enrolled customer is not required to maintain those moneys in a segregated account if the insurer authorizes the vendor to hold those moneys in a manner other than a segregated account and if the vendor remits the moneys to the insurer or supervising entity within 60 days of receiving those moneys. The vendor shall consider all moneys received by that vendor from an enrolled customer for the sale of portable electronics insurance to be held in trust by that vendor in a fiduciary capacity for the benefit of the insurer.
632.975(5)(b)5.
5. The insurer or supervising entity may compensate the vendor for billing and collection services.
632.975(6)
(6) Disclosures. At every location where portable electronics insurance is offered to customers, a vendor shall make available to prospective customers brochures or other written materials that contain all of the following:
632.975(6)(a)
(a) A disclosure that portable electronics insurance may provide a duplication of coverage already provided by a customer's homeowner's insurance policy, renter's insurance policy, or other source of insurance coverage.
632.975(6)(b)
(b) A statement that a customer is not required to enroll in portable electronics insurance as a condition of purchasing or leasing a portable electronic device.
632.975(6)(c)
(c) A summary of the material terms of the portable electronics insurance coverage including all of the following:
632.975(6)(c)3.
3. The amount of any applicable deductible and how to pay that deductible.
632.975(6)(c)5.
5. The key terms and conditions of coverage such as whether a portable electronic device covered under the policy may be repaired or replaced with parts or equipment of a similar make and model that are reconditioned or are nonoriginal manufacturer parts or equipment.
632.975(6)(d)
(d) A summary of the process for filing a claim, including a description of how to return a portable electronic device and the maximum fee applicable in the event the enrolled customer fails to comply with any equipment return requirement.
632.975(6)(e)
(e) A statement that the enrolled customer may cancel enrollment for coverage under a portable electronics insurance policy at any time and that upon cancellation the person paying the premium receives a refund of any applicable unearned premium.
632.975(7)
(7) Permitted offering. A vendor may offer portable electronics insurance on a month to month or other periodic basis as a group or master commercial inland marine policy that is issued to a vendor of portable electronics for its enrolled customers.
632.975(8)
(8) Underwriting. An insurer shall establish eligibility and underwriting standards for customers electing to enroll in coverage for each portable electronics insurance program offered by a vendor to its customers.
632.975(9)
(9) Termination of insurance; changes to policy. 632.975(9)(a)(a) Except as provided in
par. (c), an insurer may terminate or otherwise change the terms and conditions of a policy of portable electronics insurance only after providing the policyholder and all enrolled customers at least 30 days' notice before terminating the coverage or making the change.
632.975(9)(b)
(b) If the insurer changes the terms and conditions in accordance with
par. (a), the insurer shall provide the vendor policyholder with a revised policy or endorsement and shall provide each enrolled customer a revised certificate, endorsement, updated brochure, or other evidence indicating that a change in the terms and conditions has occurred and a summary of the material changes.
632.975(9)(c)1.1. An insurer may terminate the enrollment of an enrolled customer under a portable electronics insurance policy after providing 15 days' notice if the insurer discovers that the enrolled customer committed fraud or made a material misrepresentation in obtaining coverage or in the presentation of a claim under the portable electronics insurance policy.
632.975(9)(c)2.
2. An insurer may immediately terminate the enrollment of an enrolled customer under a portable electronics insurance policy for any of the following reasons:
632.975(9)(c)2.a.
a. The enrolled customer fails to pay the premium for the portable electronics insurance policy.
632.975(9)(c)2.b.
b. The enrolled customer ceases to have an active service with the vendor of portable electronics.
632.975(9)(c)3.
3. An insurer may terminate the enrollment of an enrolled customer under a portable electronics insurance policy if the enrolled customer exhausts any aggregate limit of liability under the terms of the portable electronics insurance policy and the insurer sends notice of termination to the enrolled customer within 30 days after exhaustion of the limit. If the insurer does not send the notice within 30 days after exhaustion of the limit, the insurer shall continue the coverage notwithstanding the aggregate limit of liability until the insurer sends notice of termination to the enrolled customer.
632.975(9)(d)
(d) If a portable electronics insurance policy is terminated by a vendor that owns the policy, the vendor shall mail or deliver, at least 30 days before the termination, written notice to each enrolled customer advising of the termination of the portable electronics insurance policy and the effective date of termination.
632.975(9)(e)
(e) Any notice or correspondence with respect to coverage under a policy of portable electronics insurance that is required under this section or is otherwise required by law shall be in writing and may be mailed to the vendor at the mailing address of the vendor and to the enrolled customers at their last known mailing addresses on file with the insurer or delivered by electronic means to the vendor and enrolled customers. If the notice or correspondence is mailed, the insurer, or vendor, that mailed the notice or correspondence, shall maintain proof of mailing in a form authorized or accepted by the U.S. postal service or other commercial mail delivery service. If delivery of the notice or correspondence is by electronic means, the insurer shall use the electronic mail address specified by the vendor for that purpose and the insurer, or vendor, shall use the last known electronic mail address provided by each enrolled customer. An enrolled customer who provides an electronic mail address to the insurer or vendor consents to receive notices and correspondence by electronic means. If delivery is by electronic means, the insurer or vendor, whichever delivers the notice or correspondence, shall maintain proof of delivery.
632.975(9)(f)
(f) A supervising entity may send any notice or correspondence required by this section or otherwise required by law. An insurer or vendor is not required to provide the notice or correspondence if it is provided by a supervising entity in a manner that complies with this section.
632.977
632.977
Limited lines travel insurance. 632.977(1)(a)
(a) “Firm" means a firm under
s. Ins 6.58 (1m), Wis. Adm. Code, that sells, solicits, or negotiates travel insurance through an individual travel insurance producer.
632.977(1)(am)
(am) “Offer and disseminate" means to provide general information, including a description of coverage and price, as well as to process applications, collect premiums, and perform other activities permitted by statute or rule.
632.977(1)(b)1.1. “Travel insurance" means limited lines insurance coverage for personal risks incident to planned travel, including any of the following:
632.977(1)(b)1.d.
d. Sickness, accident, disability, or death occurring during travel.
632.977(1)(b)2.
2. “Travel insurance" does not include major medical plans that provide comprehensive medical protection for travelers with trips lasting 6 months or longer, such as those persons working overseas as expatriates or military personnel being deployed.
632.977(1)(c)
(c) “Travel insurance producer" means an intermediary who is licensed under
sub. (2) to sell, solicit, or negotiate travel insurance.
632.977(1)(d)
(d) “Travel retailer" means a business entity that makes, arranges, or offers travel services.
632.977(2)
(2) Limited license to sell travel insurance. The commissioner may issue to a person licensed as an intermediary under
ch. 628 who applies on a form and in the manner prescribed by the commissioner, a limited lines travel insurance producer license authorizing the person to sell, solicit, or negotiate travel insurance through an insurer.
632.977(3)
(3) Authority to offer and disseminate travel insurance. A travel retailer, or an employee or authorized representative of a travel retailer, may offer and disseminate travel insurance under a firm license of a firm, only if the firm holds such a license, and only if all of the following apply:
632.977(3)(a)
(a) A travel insurance producer or the travel retailer provides to purchasers of travel insurance all of the following:
632.977(3)(a)1.
1. The material terms, or a description of the material terms, of the travel insurance coverage.
632.977(3)(a)3.
3. A description of the review or cancellation process for the travel insurance policy.
632.977(3)(b)
(b) The firm keeps a register of each travel retailer that offers and disseminates travel insurance on the firm's behalf. The register shall include the name and contact information of the travel retailer and of an officer or person who directs or controls the travel retailer's operations and the travel retailer's federal tax identification number. The firm shall also certify that the travel retailer register complies with
18 USC 1033. The firm shall submit the register to the commissioner upon request within 30 days after receiving a request.
632.977(3)(c)
(c) The firm has designated a travel insurance producer responsible for ensuring the travel retailer's compliance with the limited lines travel insurance statutes and rules of this state.
632.977(3)(e)
(e) A travel insurance producer requires each employee and authorized representative of the travel retailer whose duties include offering and disseminating travel insurance to receive a program of instruction or training, which shall be subject to review by the commissioner. The instruction or training materials shall contain, at a minimum, instructions on the types of insurance offered, ethical sales practices, and required disclosures to prospective customers.
632.977(4)
(4) Travel retailer duties, limitations, right to compensation. 632.977(4)(a)(a) A travel retailer that offers and disseminates travel insurance on behalf of and under the control of a travel insurance producer shall make available to prospective purchasers of the travel insurance, brochures or other written materials that do all of the following:
632.977(4)(a)1.
1. Provide the identity and contact information of the insurer and the travel insurance producer.
632.977(4)(a)2.
2. Explain that the purchase of travel insurance is not required for the purchase of any other product or service from the travel retailer.
632.977(4)(a)3.
3. Explain that a travel retailer that is not licensed as a travel insurance producer may provide general information about the insurance offered by the travel retailer, including a description of the coverage and price, but is not qualified or authorized to answer technical questions about the terms and conditions of the insurance offered by the travel retailer or to evaluate the adequacy of the customer's existing insurance coverage.
632.977(4)(b)
(b) A travel retailer's employee, or authorized representative, who is not licensed as a travel insurance producer may not do any of the following:
632.977(4)(b)1.
1. Evaluate or interpret technical terms, benefits, or conditions of the offered travel insurance coverage.
632.977(4)(b)2.
2. Evaluate or provide advice concerning a prospective purchaser's existing insurance coverage.
632.977(4)(b)3.
3. Hold himself or herself out as an insurer, a licensed travel insurance producer, or an insurance expert.
632.977(4)(c)
(c) A travel retailer whose insurance-related activities, and those of its employees and authorized representatives, are limited to offering and disseminating travel insurance on behalf of and under the direction of a travel insurance producer that meets the conditions under this section is authorized to do so and to receive related compensation upon registration by the firm under
sub. (3) (b).
632.977(5)(a)(a) Travel insurance may be provided under an individual policy or under a group or master policy.
632.977(5)(b)
(b) As the insurer designee, a travel insurance producer is responsible for the acts of each travel retailer offering and disseminating travel insurance on its behalf and under its control and shall use reasonable means to ensure compliance by the travel retailer with this section.
632.977(5)(c)
(c) A travel retailer offering and disseminating travel insurance on behalf of and under the control of a travel insurance producer and a travel insurance producer are exempt from the examination and education requirements under
s. 628.04 (3).
632.977 History
History: 2013 a. 212.
632.98
632.98
Worker's compensation insurance. Sections 102.31,
102.315, and
102.62 apply to worker's compensation insurance.
632.99
632.99
Certifications of disability. For the purpose of insurance policies that they issue, every insurer doing a health or disability insurance business in this state shall afford equal weight to a certification of disability signed by a physician with respect to matters within the scope of the physician's professional license, to a certification of disability signed by a chiropractor with respect to matters within the scope of the chiropractor's professional license, and to a certification of disability signed by a podiatrist with respect to matters within the scope of the podiatrist's professional license. This section does not require an insurer to treat any certification of disability as conclusive evidence of disability.
632.99 History
History: 1981 c. 55;
2009 a. 113.
