2015 Wisconsin Act 90 Changes Numerous Insurance Provisions

by Foley & Lardner LLP

On November 11, 2015, Governor Scott Walker signed Senate Bill 287 into law as 2015 Wisconsin Act 90. The law is a collection of miscellaneous changes and updates to Wisconsin’s Insurance Code, including technical corrections and updates driven by changes to the National Association of Insurance Commissioners (NAIC) Model Laws.

Among other changes, Act 90 does the following:

Implements Principles-Based Reserving

Act 90 adopted a number of changes to Wisconsin’s standard valuation law (Wis. Stat. § 623.06) in order to conform Wisconsin’s standard valuation law with the NAIC’s current Model Standard Valuation Law. This change makes Wisconsin the 39th state to adopt the NAIC’s changes to the standard valuation law intended to implement principles-based reserving for life insurance companies.

Once 42 states — a supermajority representing at least 75 percent of the total U.S. life insurance premiums — adopt these revisions, principles-based reserving will be gradually implemented (over three years) for new business written by life insurers. The NAIC’s Principle-Based Reserving Implementation (EX) Task Force continues to discuss the exact terms of implementation for PBR and for the new Valuation Manual, including determination of when 42 states have adopted the Model Standard Valuation Law or law with “substantially similar terms and provisions.”

Changes Treatment of Qualified Financial Contracts (QFCs) in Receivership

Section 67 of Act 90 created a new Section 645.675 of the Wisconsin Statutes which adopts Section 711 of the NAIC Insurer Receivership Model Act. This provision standardizes the treatment of QFCs (such as commodity contracts, forward contracts, repurchase agreements, and swap agreements) that are used by some insurers to manage and hedge against interest rate and exchange rate changes that would otherwise potentially harm the insurer’s ability to meet its obligations to policyholders and beneficiaries. Section 645.675 provides for QFCs to be treated the same in insurance insolvency proceedings as they are treated under federal bankruptcy laws and other federal and foreign laws, which set out standards for the closing and netting of QFCs in bankruptcy (and other insolvency proceedings). While Wisconsin domestic insurers previously faced difficulties entering into QFCs, including unfavorable pricing or terms, as compared to their competitors in other states that have already adopted Section 711, the adoption of Section 711 in Wisconsin will facilitate domestic insurers’ access to QFCs on competitive terms and simplify any future insolvency proceedings in which QFCs are at issue.

Allows the Office of the Commissioner of Insurance (OCI) to Share Information With International Regulatory Organizations

Sections 6 and 44 of Act 90 allow the Commissioner to share information regarding internationally active insurance entities subject to OCI oversight with international insurance regulators and certain supervisory colleges.

Specifically, Section 6 of Act 90 adds the International Association of Insurance Supervisors (IAIS), and its employees, to the list of entities with which the Commissioner may communicate while still preventing public disclosure of such communications. Under Section 601.465(1m), OCI may now “refuse to disclose” any “[t]estimony, reports, records, communications, and information” sent to or received from IAIS under a “pledge of confidentiality or for the purpose of assisting or participating in monitoring activities.”

In addition, Section 44 of Act 90 allows the Commissioner to “share confidential information” with “international regulatory agencies” so long as the communication of confidential information is “in furtherance of the performance of the commissioner’s regulatory duties.”

Automatically Allows Licensing for Agents That Have Met Requirements in Similar States

Section 46 of Act 90 makes it easier for nonresident applicants to obtain insurance agent licenses in Wisconsin. Prior to Act 90, Section 628.07 allowed the Commissioner to waive the examination requirement for a nonresident applicant so long as the “the jurisdiction of the applicant’s residence has imposed upon the applicant requirements substantially as rigorous as those of [Wisconsin] and has enforced them with comparable rigor.” Now, the Commissioner must waive “any examination requirement” if “the applicant’s home state or state of residence has issued the applicant a license for which the qualifications are equivalent to the qualifications for a license issued by [Wisconsin] and if that license is in good standing at the time of application.”

This amendment reflects the licensing reforms initiated by the passage of the National Association of Registered Agents and Brokers Reform Act of 2015 (NARAB II). NARAB II establishes a central registry that allows an insurance producer licensed in their home state to perform similar functions in every other state, so long as they pay their home state’s licensing fee. NARAB II promises to substantially simplify the licensing and compliance landscape for producers who sell in multiple states, and the changes made to Section 628.07 indicate that Wisconsin is open for business for producers licensed in multiple states.

Reduces Various Reporting Requirements

Act 90 repeals Sections 628.81, 601.422, 601.425, and 601.428 of the Wisconsin Statutes. Those sections required agent commission rate reports, commercial liability insurance reports, product liability insurance reports, and cancellation and rescission reports, respectively, for insurers that issue individual health insurance policies. Covered entities are no longer required to make these reports.

Act 90 also amends Section 611.63(4) of the Wisconsin Statutes to limit the type of executive compensation reports required. Prior to the amendment, the compensation to “each director and each officer and employee whose remuneration” exceeded an “amount established by the commissioner” had to be “included in the annual report made to the commissioner.” Now, the report need not include “employees,” but only “each director and each officer and member of executive management, as defined by the commissioner.” This means domestic insurers’ compensation reports will be much shorter in the future, because the compensation of employees not defined as “executive management” will no longer be subject to disclosure.

Modernizes the Powers of Stock Company Board Committees

Sections 10 and 11 of Act 90 make technical corrections to Sections 611.07(4) and 611.56(5), respectively, that modernize governance procedures for Wisconsin domestic insurers. The changes to Section 611.07 permit committees of the board of directors of Wisconsin domestic stock insurers to take action without a meeting pursuant to Section 180.0821 (e.g., by written consent). Similar changes permitting committees of the board of directors of Wisconsin domestic mutual insurers to act without a meeting were adopted in 1997, in conjunction with the repeal and recreation of Chapter 181. The changes to Section 611.56: (i) conform that section to the revised Section 611.07, and (ii) permit committees of the board of directors of Wisconsin domestic stock and mutual insurers to conduct official committee meetings by telephone or other electronic communication pursuant to Sections 180.0820 and 181.0821, respectively.

Changes the Rate Determination Process for the Injured Patients and Families Fund

Sections 76 through 84 of Act 90 amend Section 655.27 of the Insurance Code to allow the Commissioner to control the determination of annual assessments paid to the Injured Patients and Families Fund. Prior to Act 90, Section 655.27 required that these fees be set by rule.

Sections 85 through 87 of Act 90 create similar changes with regard to Wisconsin's mediation fund. For example, the Board of Governors of the Injured Patients and Families Compensation Fund may now "set fees to charge health care providers" directly. Prior to Act 90, such changes could only be made by rule.

In both cases, the changes permit OCI and the Injured Patients and Families Compensation Fund Board of Governors to set fees and assessments on a timely basis without going through the emergency rulemaking process.

Updates Security Fund Assessment Requirements for Insurers That Change Their License

Section 75 of Act 90 creates a new provision, Wis. Stat. 646.51(10), that specifies how insurers that convert to a different type of entity or license should calculate their assessment fee for the Wisconsin Security Fund. Section 646.51(10) has two sub-sections.

Sub-section (a) creates specific rules for "assessments authorized prior to or during the year of conversion," and states that an insurer is liable for "assessments to cover the obligations of the account or accounts to which it was subject prior to conversion." Sub-section (b) states the rule for "assessments authorized after the year of conversion," and states that an insurer is liable for "assessments to cover the obligations of the account or accounts to which it is subject after conversion."

Changes Town Mutual Regulation

Sections 12 through 28 of Act 90 alter various powers and procedures for town mutuals. These include removing town mutuals’ ability to assume reinsurance under Section 612.31, and significantly reducing the procedural and content requirements for annual reports under Section 612.14. Town mutuals should also note the simplification of requirements to appoint adjustment committees under Section 612.13(4) and the reduced power of town secretaries to “administer oaths” and “take acknowledgments necessary to adjust claims against” town mutuals under Section 612.53.

However, some changes regarding town mutuals are less significant. For example, town mutuals are no longer required to include the words “town mutual” as part of their corporate name under Section 612.02. Likewise, Act 90 amends certain provisions regulating the time periods that different types of farm property may be removed from a town mutual’s specific area under Section 612.32.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Foley & Lardner LLP | Attorney Advertising

Written by:

Foley & Lardner LLP

Foley & Lardner LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.