Wisconsin Administrative Code
Office of the Commissioner of Insurance
Chapter Ins 22 - Legal expense insurance
Section Ins 22.03 - Limited regulation
Universal Citation: WI Admin Code ยง Ins 22.03
Current through February 26, 2024
(1) Legal expense insurance plans which market plans which comply with all the following provisions are subject only to the requirements listed in subs. (2) and (3):
(a) Except as provided by par. (c), the
plan's legal services are limited to advice, consultation, preparation of a
simple will or power of attorney or other simple, routine legal documents, and
do not include representation in litigation except as provided in par.
(c);
(b) The total annual cost
including all fees, charges, or other consideration for one year of coverage
under the plan does not exceed $200 per contract holder;
(c) Legal services other than those described
under par. (a) provided under the plan are charged at predetermined or reduced
rates which are not substantially below the usual charge by the same attorney
for those services, but not less than 70% of the rate usually charged
nonparticipants for the same service;
(d) A participant in the plan is not
obligated to continue participation in the plan or to make further payments or
to pay any fee or penalty to the plan if the participant wishes to withdraw
from the plan at any time;
(e) A
copy of the legal expense insurance contract and the form of agreement utilized
under par. (f) is filed with the commissioner; and
(f) All legal services are to be provided
either by partners, members, or employes of the plan or by individuals who have
a written agreement to provide legal services to plan participants, which
agreement includes provisions which:
1. Waive
any liability of plan participants for compensation for services provided by
the contractor if the services are covered by the plan; and
2. Require legal services must be rendered to
the participants regardless of any breach of the contract by the plan
including, but not limited to, the plan's failure to make payments or the
plan's insolvency.
(2) Any plan described in sub. (1) is subject to only the following statutes and any related administrative rule:
(a) Sections
601.41
to
601.45,
Stats.;
(b) Sections
601.61
to
601.73,
Stats.;
(c) Sections
628.34
to
628.46,
Stats.;
(d) Chapter 630, Stats.;
and
(e) Section
631.36,
Stats.
(3) Any plan described in sub. (1) shall reply promptly in writing or other designated form supplying information requested by the commissioner in writing.
Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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