632.748 Prohibiting discrimination.
632.749 Contract termination and renewability.
632.7495 Guaranteed renewability of individual health insurance coverage.
632.7497 Modifications at renewal.
632.75 Prohibited provisions for disability insurance.
632.755 Public assistance and early intervention services.
632.76 Incontestability for disability insurance.
632.77 Permitted provisions for disability insurance policies.
632.775 Effect of power of attorney for health care.
632.78 Required grace period for disability insurance policies.
632.79 Notice of termination of group hospital, surgical or medical expense insurance coverage due to cessation of business or default in payment of premiums.
632.793 Notice of loss of primary insurance coverage due to age.
632.795 Open enrollment upon liquidation.
632.797 Disclosure of group health claims experience.
632.798 Out-of-pocket costs.
632.80 Restrictions on medical payments insurance.
632.81 Minimum standards for certain disability policies.
632.82 Renewability of long-term care insurance policies.
632.825 Midterm termination of long-term care insurance policy by insured.
632.83 Internal grievance procedure.
632.835 Independent review of coverage denial determinations.
632.84 Benefit appeals under certain policies.
632.845 Prohibiting refusal to cover services because liability policy may cover.
632.85 Coverage without prior authorization for treatment of an emergency medical condition.
632.853 Coverage of drugs and devices.
632.855 Requirements if experimental treatment limited.
632.857 Explanation required for restriction or termination of coverage.
632.861 Prescription drug charges.
632.865 Pharmacy benefit managers.
632.866 Step therapy protocols.
632.867 Oral and injected chemotherapy.
632.87 Restrictions on health care services.
632.873 Restrictions relating to fees for dental services.
632.875 Independent evaluations relating to chiropractic treatment.
632.88 Policy extension for handicapped children.
632.885 Coverage of dependents.
632.89 Coverage of mental disorders, alcoholism, and other diseases.
632.895 Mandatory coverage.
632.896 Mandatory coverage of adopted children.
632.897 Hospital and medical coverage for persons insured under individual and group policies.
632.8985 Prohibiting abortion coverage.
632.899 Medical savings accounts study.
SUBCHAPTER VII
FRATERNAL INSURANCE
632.93 The fraternal contract.
632.95 Fraud in obtaining membership.
632.96 Beneficiaries in fraternal contracts.
SUBCHAPTER VIII
MISCELLANEOUS
632.97 Application of proceeds of credit insurance policy.
632.975 Portable electronics insurance.
632.977 Travel insurance.
632.98 Worker's compensation insurance.
632.99 Certifications of disability.
Ch. 632 Cross-reference
Cross-reference: See definitions in ss.
600.03 and
628.02.
Ch. 632 Cross-reference
Cross-reference: See also ch.
Ins 3, Wis. adm. code.
FIRE AND OTHER PROPERTY INSURANCE
632.05
632.05
Indemnity amounts. 632.05(1)(1)
Replacement cost of coverage. An insurer may agree in a property insurance policy to indemnify the insured for the amount it would cost to repair, rebuild or replace the damaged or destroyed insured property with new materials of like size, kind and quality.
632.05(2)
(2) Total loss. Whenever any policy insures real property that is owned and occupied by the insured primarily as a dwelling and the property is wholly destroyed, without criminal fault on the part of the insured or the insured's assigns, the amount of the loss shall be taken conclusively to be the policy limits of the policy insuring the property.
632.05 Cross-reference
Cross-reference: See also ch.
Ins 4, Wis. adm. code.
632.05 Annotation
The intentional act of an insured joint owner of property does not, as a matter of law, bar an innocent insured joint owner of property from recovering under a fire insurance policy. In this case, the policy did not state whether the obligations of the insured were joint or several. Therefore, the court interpreted the language in the policy as not barring an innocent insured from recovering under the policy merely by virtue of the fact that another insured intentionally caused the damage to the insured property. Hedtcke v. Sentry Insurance Co.,
109 Wis. 2d 461,
326 N.W.2d 727 (1982). But see Kemper Independence Insurance Co. v. Islami,
2021 WI 53,
397 Wis. 2d 394,
959 N.W.2d 912,
19-0488.
632.05 Annotation
An administrative rule interpretation of sub. (2) that denies benefits solely on the basis of a past rental of the property would be unreasonable. Kohnen v. Wisconsin Mutual Insurance Co.,
111 Wis. 2d 584,
331 N.W.2d 598 (Ct. App. 1983).
632.05 Annotation
To have “occupied" a dwelling under sub. (2) requires actual and physical control. An inanimate entity such as an estate is incapable of occupying a dwelling under sub. (2). Drangstviet v. Auto-Owners Insurance Co.,
195 Wis. 2d 592,
536 N.W.2d 189 (Ct. App. 1995),
95-0053.
632.05 Annotation
Sub. (2), the valued policy law, does not provide that an insured is entitled to the limits of all policies insuring a dwelling. Instead, s. 631.43 (1), the pro rata statute, specifically governs situations when two or more policies indemnify against the same loss. Absent the consent of the insurers, insureds are entitled to the full amount of their loss but not to the full amount of both policies if the combined limits exceed the actual loss. Wegner v. West Bend Mutual Insurance Co.,
2007 WI App 18,
298 Wis. 2d 420,
728 N.W.2d 30,
05-3193.
632.05 Annotation
Sub. (2) does not exclude real property that is owned and occupied by the insured primarily as a dwelling solely because it is not the insured's primary residence, but to be covered under the statute the property must be occupied by the insured primarily as a dwelling. Use is the core meaning of occupy in the context of this statute. The building must be used by the insured primarily as a residence. When the primary use of a building for at least 14 months before a fire had been renting it to others, sub. (2) did not apply. Cambier v. Integrity Mutual Insurance Co.,
2007 WI App 200,
305 Wis. 2d 337,
738 N.W.2d 181,
06-3112.
632.05 Annotation
Sub. (2) requires the insured building be occupied by the insured primarily as a dwelling. The insured's use must bear a relationship to actually living in the dwelling. The fact that the building is being renovated and refurbished does not affect its status as a dwelling. Whether or not a person ever slept in a house is not dispositive of whether the person occupied it. A dwelling does not cease to be occupied as a dwelling if the people living there temporarily vacate the dwelling for renovations or if a purchaser engages in renovations before moving in. Johnson v. Mt. Morris Mutual Insurance Co.,
2012 WI App 3,
338 Wis. 2d 327,
809 N.W.2d 53,
10-2468.
632.05 Annotation
Administrative rules provide that real property owned and occupied by the insured that is partially destroyed but ordered razed under a fire ordinance or similar law shall be considered wholly destroyed for purposes of sub. (2). The test is not whether the property has been physically destroyed. Haynes v. American Family Mutual Insurance Co.,
2014 WI App 128,
359 Wis. 2d 87,
857 N.W.2d 478,
14-0395.
632.07
632.07
Prohibiting requiring property insurance in excess of replacement value. A lender may not require a borrower, as a condition of receiving or maintaining a loan secured by real property, to insure the property against risks to improvements on the real property in an amount that exceeds the replacement value or market value of the improvements, whichever is greater.
632.07 History
History: 2007 a. 170.
632.08
632.08
Mortgage clause. A provision for payment to a mortgagee or other owner of a security interest in property may be contained in or added by endorsement to any insurance policy protecting against loss or destruction of or damage to property. If the insurance covers real property, any loss not exceeding $500 shall be paid to the insured mortgagor despite the provision, unless the mortgagee is a named insured.
632.08 History
History: 1975 c. 375;
1979 c. 102.
632.09
632.09
Choice of law. Every insurance against loss or destruction of or damage to property in this state or in the use of or income from property in this state is governed by the law of this state.
632.09 History
History: 1975 c. 375.
632.10(1)
(1) “Building and safety standards" means the requirements of chs.
101 and
145 and of any rule promulgated by the department of safety and professional services under ch.
101 or
145, and standards of a 1st class city relating to the health and safety of occupants of buildings.
632.10(2)
(2) “Deliver" means delivery in person, or delivery by deposit with the U.S. postal service of certified or 1st class mail addressed to the recipient at the recipient's last-known address.
632.10(3)
(3) “Final settlement" means the amount that an insurer owes under a property insurance policy to the named insured and other interests named in the policy for loss to any insured building or other structure affixed to land that is caused by fire or explosion, excluding any amount payable for loss to contents or other personal property, for loss of use or business interruption and any amount payable under liability coverage under the policy, and that is determined by any of the following means:
632.10(3)(a)
(a) Acceptance of a proof of loss by the insurer.
632.10(3)(b)
(b) Execution of a release by the named insured.
632.10(3)(c)
(c) Acceptance of an arbitration award by the insurer and named insured.
632.10(3)(d)
(d) Judgment of a court of competent jurisdiction.
