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Wisconsin Primary Election Yields Few Surprises

Posted By IIAW Staff, Wednesday, September 23, 2020
Updated: Tuesday, September 15, 2020

Voting Ballot

By: Misha Lee | IIAW Government Affairs

This article was originally published in our September Wisconsin Independent Agent. You can read the full September issue here

 

The results from Wisconsin’s August primary election yielded few surprises as we now head into what is expected to be a hotly contested November general election from the top of the ticket all the way on down. The primary election also proved to be a good night for incumbents with only one losing to a challenger candidate. 


Looking at Congressional races, all 8 of Wisconsin’s seats in the U.S. House of Representatives are up for election this fall and there are no U.S. Senate seats up this cycle. 


U.S. House primaries of interest were: 


• Longtime Senate Majority Leader, Scott Fitzgerald (R-Beaver 

   Dam) won the Republican primary with nearly 80 percent of the 

   vote in the 5th congressional district primary. Fitzgerald will face 

   Democratic opponent, Tom Palzewicz, who retiring 

   Congressman Sensenbrenner defeated with 62 percent of the 

   vote in 2018. Fitzgerald should easily win this election. 

• In the 3rd congressional district, Republican Derrick Van Orden 

   (R-Hager City) won a two-way primary to challenge 12-term 

   Democratic Congressman Ron Kin. Van Orden is a retired former 

   Navy Seal, actor and business consultant. Kind won re-election 

   in 2018 with 60 percent of the vote. This race will be one to 

   watch on election night. 

• Democrat Jessica King (D-Oshkosh), an attorney and former 

   State Senator and Oshkosh City Council member, easily won 

   a three-way Democratic primary with 75% of the vote to 

   challenge three-term Republican Congressman Glenn 

   Grothman of Campbellsport in the 6th congressional district. 

   Grothman was re-elected in 2018 with 56 percent of the vote 

   and is favored to win re-election. 


In state legislative races, 16 of Wisconsin’s 33 State Senate seats (even-numbered districts) and all 99 State Assembly seats are up for re-election this year. There were nine legislative incumbents who faced primary challenges and eight of them easily won their races all surpassing 60 percent of the vote. Republicans currently control both the Senate (18-13, 2 vacancies) and

Assembly (63-34, 2 vacancies) and are expected to return to 

power for the 2021-2022 legislative session. Democrats are working to protect Democratic Governor Tony Evers’ line item veto by trying to make sure Republicans in this election cycle do not reach the two-thirds majority in each house (22 seats in the Senate and 63 seats in the Assembly) needed to override a gubernatorial veto. For Democrats, preserving Evers’ veto is not just about ensuring that Republicans do not run the table on the next biennial state budget or legislation, but it’s more importantly about redistricting in 2021 and making sure Republicans don’t have sole discretion on drawing new legislative district boundaries for the next decade. Next session, the Legislature is charged with drawing new district lines based on new census data. Republicans, who are all but guaranteed to control the Legislature next session, will draw their map and Governor Evers will likely veto it and then it will be up to the courts to draw the new districts.

 

State Senate primary races of interest were:


6th Senate District (Sen. LaTonya Johnson, D-Milwaukee, 

incumbent)

State Senator LaTonya Johnson easily held off a challenge in the Democratic primary by Michelle Bryant (D-Milwaukee), who is Chief of Staff to State Sen. Lena Taylor (D-Milwaukee). Johnson captured 77 percent of the vote.


10th Senate District (Sen. Patty Schachtner, D-Somerset, 

incumbent)

Rep. Rob Stafsholt (R-New Richmond) captured 66 percent of the vote in the Republican primary versus Cherie Link (R-Somerset). Stafsholt was first elected to the Assembly in 2016 and 

re-elected since. He is a farmer and owner of multiple small businesses. Stafsholt will now face incumbent State Senator Patty Schachtner (D-Somerset) in the general election.


14th Senate District (Sen. Luther Olsen, R-Ripon, not seeking re-election)

Rep. Joan Ballweg (R-Markesan) won her Republican primary with 69 percent of the vote for the opportunity to succeed retiring Sen. Luther Olsen (R-Ripon). Ballweg was first elected to the State Assembly in 2010. Ballweg and her husband own a John Deere farming implement dealership. Ballweg will face Democrat Joni Anderson on the November ballot.


16th Senate District (Sen. Mark Miller, D-Monona, not seeking re-election)

Rep. Melissa Sargent (D-Madison) won the two-way Democratic primary to succeed retiring Sen. Mark Miller (D-Monona). Sargent is a former member of the Dane County Board and has served in the Assembly since her first election in 2012. Sargent captured 77 percent of the vote.


26th Senate District (Sen. Fred Risser, D-Madison, not seeking re-election)

Kelda Helen Roys won the 8-way Democratic primary to be the first person to represent what is now the 26th Senate district other than Sen. Fred Risser since 1962. Roys is a former member of the Assembly and unsuccessful 2018 gubernatorial candidate. She captured 40 percent of the vote and does not have a general election opponent.


28th Senate District (Sen. David Craig, R-Big Bend, not seeking re-election)

Republican Julian Bradley captured 43 percent of the vote in a five-way Republican primary to succeed Sen. David Craig (R-Big Bend) in the 26th Senate district. Bradley will face Franklin 

entrepreneur and business owner Adam Murphy in this heavily Republican seat.


30th Senate District (Sen. Dave Hansen, D-Green Bay, not seeking re-election)

Democrat Jonathon Hansen, the nephew of Sen. Hansen, a member of the DePere City Council and a mortgage lender for a community bank, won the Democratic primary in the 30th Senate District with 62 percent of the vote. Hansen will face Republican Eric Wimberger, an attorney and unsuccessful candidate for the 30th Senate district.


32nd Senate District (Open Seat, Sen. Jennifer Shilling, D-La Crosse, resigned her seat)

Democrat Brad Pfaff won the Democratic primary to succeed former Minority Leader Jennifer Shilling (D-La Crosse) with 63 percent of the vote. Pfaff previously ran unsuccessfully for the State Senate in 2004. He has served as Deputy Chief of Staff to Congressman Ron Kind, Executive Director of US Department of Agriculture Farm Service Agency and as Secretary-designee for the Wisconsin Department of Agriculture Trade and Consumer Protection until his confirmation was voted down by the State Senate. Pfaff will face Republican Dan Kapanke, a former state senator and baseball team owner in La Crosse. Kapanke previously represented the 32nd Senate district from 2004 to 2011 when he lost a recall election during the height of the Act 10 recall races. This race is a rematch of the 2004 Senate race where Kapanke defeated Pfaff by 5 points.


State Assembly primary races of interest are:


8th Assembly District (Open Seat, Rep. JoCasta Zamarripa, 

D-Milwaukee, was elected to the Milwaukee Common Council)

Democrat JoAnna Bautch narrowly won her Democratic  primary to succeed her sister Rep. Zamarripa in representing the 8th Assembly district. Bautch is a director with Citizen Action Wisconsin and a community organizer with the Reproductive Justice Collective. The current margin is 18 votes.


9th Assembly District (Rep. State Rep. Marisabel Cabrera, 

D-Milwaukee, incumbent)

Rep. Cabrera was successful in fighting off a Democratic primary challenge, capturing 58 percent of the vote. Cabrerra is an immigration rights attorney and former chair of the Milwaukee Police and Fire Commission.


11th Assembly District (Rep. Jason Fields, D-Milwaukee, not 

seeking re-election)

Dora Drake won a four-way Democrat primary to succeed retiring Rep. Jason Fields (D-Milwaukee). Drake is a member service coordinator at the Center for Self Sufficiency where she provides re-entry services to support persons re-entering society. Drake captured 47 percent of the vote.


14th Assembly District (Rep. Robyn Vining, D-Wauwatosa,

incumbent)

Republican Bonnie Lee will be the candidate to challenge freshman Democrat Rep. Robyn Vining. Vining was the only Democrat to win a previously held Republican seat two years ago. Lee is the director of outreach ministry at Northwest Baptist church and was endorsed by Sen. Dale Kooyenga (R-Brookfield) who formerly represented the 14th district. Lee captured 80  percent of the vote.


17th Assembly District (Open Seat, Rep. David Crowley, 

D-Milwaukee, was elected Milwaukee County Executive)

Supreme Moore Omokunde captured 56 percent of the vote in the Democratic primary to succeed County Executive David Crowley. Omokunde is a Milwaukee County Board Supervisor and son of Milwaukee Congresswoman Gwen Moore.


29th Assembly District (Open Seat, Rep. Rob Stafsholt, R-New Richmond, is running for the State Senate)

Clint Moses won the Republican primary to succeed Rep. Rob Stafsholt (R-New Richmond). Moses is a chiropractor and school board member. Moses will face Democrat John Calabrese.

Calabrese previously ran for the State Senate and State Assembly losing to Stafsholt in 2018.


35th Assembly District (Open Seat, Rep. Mary Felzkowski, R-Irma, is running for the State Senate)

Calvin Callahan won the two-way Republican primary to succeed Rep. Mary Felzkowski who is running for the State Senate. Callahan is a Lincoln County Board Supervisor and the owner of Callahan Wholesale. Callahan will face Democrat Tyler Ruprecht on the November ballot.


41st Assembly District (Open Seat, Rep. Joan Ballweg, 

R-Markesan, is running for the State Senate)

Republican Alex Dallman captured nearly 50 percent of the vote in a four-way Republican primary to succeed Rep. Ballweg as the Republican nominee for the 41st district. Dallman is a long-time staffer to Congressman Glenn Grothman. Dallman will face Democrat Nate Zimdars, a production line worker at Saputo Cheese in Alto.


48th Assembly District (Open Seat, Rep. Melissa Sargent, 

D-Madison, is running for the State Senate)

Madison Alder Samba Baldeh won a competitive four-way Democratic primary with nearly 50 percent of the vote to succeed Rep. Sargent in representing the 48th district. Baldeh is the

former President of the Madison Common Council and an IT Project Manager at American Family Insurance Company.


55th Assembly District (Open Seat, Rep. Mike Rohrkaste, 

R-Neenah, not seeking re-election)

Rachael Cabral-Guevara won the three-way Republican primary for the opportunity to succeed retiring Rep.Mike Rohrkaste with nearly 60 percent of the vote. Cabral-Guevara is a board-certified Family Nurse Practitioner and a licensed Advanced Practice Nurse Prescriber. Cabral-Guevara will face Democrat Dan Schierl on the November ballot. Schierl is a retired worker at a local plastic manufacturing plan.


69th Assembly District (Open Seat, Rep. Bob Kulp, R-Stratford, not seeking re-election)

Republican Donna Rozar captured 53 percent of the vote in the Republican primary to succeed Rep. Bob Kulp (R-Stratford). Rozar is medical-surgical RN in the cardiac unit at Marshfield Clinic Hospital and a Wood County supervisor. Rozar will face Democrat Brian Giles in the GOP leaning district.


76th Assembly District (Open Seat, Rep. Chris Taylor, D-Madison, not seeking re-election)

Francesca Hong won the seven-way Democratic primary with 27 percent of the vote to succeed Rep. Chris Taylor in representing this heavily Democratic 76th Assembly district covering downtown Madison. Hong is the co-owner of Morris Ramen Restaurant and co-founder of the Culinary Ladies Collective and Cook It Forward.


90th Assembly District (Rep. Staush Gruszynski, D-Green Bay, incumbent)

Kristina Shelton of Green Bay defeated one-term incumbent Rep. Gruszynski in the Democratic primary with nearly 80 percent of the vote. Gruszynski was the only incumbent on election night to lose. He was forced out of the Assembly Democratic caucus after he sexually harassed a Capitol staffer and the Democratic campaign committee supported the campaign of Shelton with over $124k.

Tags:  government affairs  insuring Wisconsin  wisconsin independent insurance association  wisconsin insurance agency help  wisconsin insurance blog  wisconsin primary election 

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Government Affairs: Workers' Compensation and Liability for COVID-19

Posted By IIAW Staff, Tuesday, August 18, 2020

coronavirus

By: Misha Lee | IIAW Lobbyist

 

While IIAW member agencies continue to try and answer questions and provide as much helpful information to their customers on various issuesrelated to the Coronavirus pandemic, a recent publication from the Wisconsin Legislative Council comes to mind as a resource. The Legislative Council is a nonpartisan service agency that provides legal advice and guidance to members of the Wisconsin Legislature so that legislators can make better, more informed decisions.

 

The Legislative Council published a June 2020 issue brief discussing Workers’ Compensation and  employer liability for employees diagnosed with COVID-19 following returning to work. The issue brief explains that the state Workers’ Compensation Act provides that employee injuries sustained from an illness or infection are generally covered by Workers’ Compensation, but employees must demonstrate that they became ill through the course of their employment. Employees seeking Workers’ Compensation coverage for a COVID-19 diagnosis must show their illness was caused by exposure at work. Injuries, including COVID-19, are covered whether or not the employer was negligent.

 

Wisconsin Workers’ Compensation law provides an “exclusive remedy” for employees who are injured in the course of their employment, meaning that employees cannot bring separate legal actions outside of the Workers’ Compensation system against their employer for an employment-related injury. However, as the issue brief outlines, employees can still bring actions against third parties other than their employer, if the third party is at least partially responsible for their injury. Employees must prove that the third party’s negligence led to their injury, which also could include COVID-19 exposure.

 

Read the Legislative Council issue brief athttps://bit.ly/AugGovAffairs.

 

The widespread COVID-19 pandemic leaves employers and third parties, even those following federal and state government recommended best practices and guidelines, open to lawsuits ifemployees or customers contract the virus. Various polling data suggests that employer liability is real with many employees indicating they would sue their employer over contracting COVID-19. This uncertainty and increased exposure to liability and costly lawsuits is of great concern to many employers throughout the state. Wisconsin needs a “safe harbor” for businesses that comply with government recommendations and practice appropriate protocols. These measures will help ensure business owners and their employees are comfortable reopening and protect employers from civil claims filed outside of the Workers’ Compensation system. Wisconsin lawmakers need to take action otherwise it will be “open season” on employers and a wave of COVID-19 related lawsuits from trial lawyers will seriously undermine efforts to restart and rebuild our state’s economy.

 

The IIAW supports efforts by the Wisconsin Civil Justice Council (WCJC), Wisconsin Insurance Alliance (WIA) and other business partners who are advocating for COVID-19 liability protections to protect our commercial customers.

Tags:  government affairs  insurance happenings  insuring Wisconsin  wisconsin independent insurance association  wisconsin insurance agency help  wisconsin insurance blog 

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Wisconsin 2020 Partisan Elections Take Shape

Posted By IIAW Staff, Friday, July 10, 2020
Updated: Monday, June 29, 2020

Wisconsin 2020

 

By: Misha Lee | IIAW Lobbyist

 

Despite unique challenges for candidates brought on by Coronavirus, the 2020 Wisconsin partisan elections, both primary (Tuesday, August 11th) and general (Tuesday, November 3rd), are beginning to take shape. June 1st was the deadline for all candidates to file nomination papers in order to get on the ballot. Depending on the level of office, the minimum number of signatures required varies from 200 to 2,000. Those candidates who filed nomination papers will appear on the ballot unless they did not turn in sufficient signatures to qualify or if some of their signatures are challenged and dismissed leaving them with inadequate signatures to obtain ballot access. The Wisconsin Elections Commission (WEC) meets on June 10th to certify candidates and will also review information on any ballot access issues or challenges of certain candidates.

 

In summary of the 2020 electoral landscape, there are a total of 21 open seats (10 Republicans, 11 Democrats) where incumbents have either announced they are not running for re-election or are running for a different office. Of those, one-third of them are current members of the 33-member State Senate. The Senate will be a much different looking body next year. Spring 2020 brought about the unexpected announcement from State Sen. Fred Risser (D-Madison), America’s longest serving state lawmaker in history, that he will retire after a historic 64-year run serving in the legislature.

 

 

Six other members of the State Senate will be leaving at year’s end, including State Sen. Dave Craig (R-Big Bend, chairman of the Senate

Insurance Committee, Republican Senate Majority Leader Scott Fitzgerald who is running for Congress, and longtime insurance industry ally, State Sen. Luther Olsen (R-Ripon). Eighteen incumbent lawmakers have no opponent in their re-elections (11 Republicans, 7 Democrat); 4 legislators will only have a primary election (2 Republican, 2 Democrat); 68 legislators have a general election only; 33 districts have both a primary and a general election and 10 seats have a 3rd party candidate also running.

 

See an unofficial list of all candidates at https://bit.ly/JulyGovAffairs.

 

The 2020 elections are sure to be historic with a hotly contested Presidential election between Donald Trump and Joe Biden setting the stage at the top of the ticket. Even more unprecedented for candidates and voters alike will be the unique nature of these elections in particular amid concerns over COVID-19.

 

Already, many events around the state have been cancelled and customary campaign tactics and strategies put on hold which pose challenges for candidates to be able to effectively reach voters. National and state polls this early are likely to be inaccurate indicators of what will happen on election day. But what does remain to be seen is what will the mood of the electorate be come August and November and how will it impact challenger candidates versus incumbents.

Tags:  2020 elections  coronavirus  elections  government affairs  insuring Wisconsin  wisconsin independent insurance association  wisconsin insurance agency help  wisconsin insurance blog 

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Commentary from Counsel - Update: Wisconsin Supreme Court Affirms Agent E&O Win, Strengthens Future Defenses

Posted By Kaylyn Zielinski, Monday, June 29, 2020

Gavel

By: Josh Johanningmeier | IIAW General Counsel 

 

On May 21, 2020, in Emer’s Camper Corral v. Alderman, the Wisconsin Supreme Court issued a 6-1 majority opinion confirming a rigorous causation standard for negligent procurement E&O claims.  The Court ultimately found that, in order to prevail on a claim for negligent procurement of an insurance policy, an insured must show that the promised policy was commercially available to them.  While this decision is undoubtedly a win for agents, it is critical that you take care when communicating with clients. 

 

The Emer’s Camper Corral Case and Decision 

 

Since 2004, Rhonda Emer and her husband have sold new and used camper trailers under the trade name Camper Corral.  Not long after founding the business, the Emers began purchasing Camper Corral’s insurance through the defendant insurance agency.  Starting in 2007, General Casualty Company of Wisconsin insured Camper Corral.  However, before the commencement of the 2012-13 policy year, General Casualty sent Camper Corral a nonrenewal notice after two consecutive years with at least $100,000 in hail damage claims.  

 

Following the nonrenewal, the Emers worked with their agent to obtain insurance through Western Heritage Insurance Company.  The 2012-13 policy had a $5,000 deductible for hail damage per camper.  However, the agent told the Emers that, if they could go claim free for two years, he may be able to negotiate the hail damage deductible down to $1,000 per camper.  After two claim free years, the agent contacted the Emers with the news that he had obtained a policy from Western Heritage with a $1,000 deductible per camper for hail damage and a $5,000 aggregate deductible limit.  In reality, the Western Heritage policy the Emers ultimately purchased had a $5,000 deductible per camper for hail damage with no aggregate deductible limit.

 

In September of 2014, another hail storm swept over the Camper Corral lot.  This storm damaged 25 of the campers in the Emers’ inventory.  Because of the actual terms of the Western Heritage policy, the Emers’ deductible amounted to $125,000.  As a result, the Emers sued the agent for negligence, suggesting he had breached his duty to them by failing to adequately describe the terms of the Western Heritage policy.  For damages, the Emers asked for $120,000, i.e., the difference between their deductible and the $5,000 aggregate deductible they were promised.

The case ultimately went to trial.  However, before the jury could deliberate, the agent moved for a directed verdict, arguing the Emers had not satisfied their evidentiary burden.  The trial court agreed, ruling that, without evidence that the policy promised to the Emers was commercially available to them (and not just generally available in the marketplace), they could not prevail on their negligence claim.  The Wisconsin Court of Appeals affirmed the trial court, and the Emers appealed the case to the Wisconsin Supreme Court.

 

According to the State Supreme Court, to prevail on their negligence claim against the agent, the Emers needed to prove four well-settled elements: “(1) [the agent’s] duty of care to Camper Corral; (2) [the agent’s] breach of that duty; (3) injury caused by [the agent’s] breach; and (4) actual loss or damage resulting from the injury.”  However, the only issue left for the Supreme Court to decide was the third: causation.

 

The Wisconsin Supreme Court ultimately held that the Emers had not provided sufficient evidence to satisfy the causation standard.  In their arguments before the Wisconsin Supreme Court, the Emers suggested they only needed to prove that a policy like the one they were promised was commercially available.  The Supreme Court, though, found that was one step short.  Not only did the Emers have to prove that the relevant policy was available in the marketplace, but they also had to show that the policy was commercially available to their business.  Put differently, “[w]hether the unavailability is general, or instead particular to Camper Corral, the policy’s unavailability exists independently of any negligence on behalf of the broker.”  Thus, as the Emers did not show that the policy promised to them by the agent was commercially available to their business, the Supreme Court affirmed the trial court’s directed verdict in the agent’s favor.

 

Now What? 

 

This decision is a big win for both insurance agents and E&O carriers defending claims under Wisconsin law.  With the additional burden of having to prove specific availability in negligent procurement cases, agents will see fewer judgments against them and, as a result, fewer lawsuits brought in the first place.  Further, only one Justice dissented in the Camper Corral case.  Thus, even as the makeup of the Court shifts slightly over the next few months, this decision is likely to remain binding precedent well into the future.

 

With this in mind, you should still see this case as a cautionary tale.  Sure, the case ended with a positive result for both the defendant agent, the E&O carrier and insurance agencies around Wisconsin.  But, it took a full trial and appeals all the way to Wisconsin’s highest court to achieve that result.  It is essential that you take great care when marketing policies to your clients.  Doing so will likely save you the hassle of expensive litigation. 

 

Conclusion

 

Ultimately, the Wisconsin Supreme Court’s decision in Emer’s Camper Corral v. Alderman is a huge win for insurance agents and E&O carriers around the state.  This will undoubtedly result in fewer negligent procurement cases brought against agents and stronger defenses in some of the cases and claims that are brought by disappointed insureds.  We will keep an eye on the application of this stringent causation standard—it may well cross Wisconsin’s borders into other states.

Tags:  government affairs  insuring Wisconsin  wisconsin independent insurance association  wisconsin insurance agency help  wisconsin insurance blog  wisconsin supreme court 

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NAIC Model Cybersecurity Bill Advances

Posted By IIAW Staff, Wednesday, April 29, 2020

By Misha Lee | IIAW Lobbyist

 

This article was featured in our April 2020 Wisconsin Independent Agent Magazine. Click here to see our full April 2020 magazine. 

 

NAIC Model Cybersecurity Bill Advances

 

NAIC model legislation creating cybersecurity standards for the insurance industry is quickly moving through the Wisconsin Legislature. Assembly Bill 819 was approved on a bi-partisan, voice vote in the Assembly and awaits final approval from the Senate in late March. We anticipate unanimous approval when the Senate convenes its final floor period. The legislation creates standards for insurance businesses that will help protect private consumer information from data breaches. Under the bill, businesses are required to conduct risk assessments, develop information security programs based on those assessments, and submit those plans to the Office of the Commissioner of Insurance (OCI).

 

During development of the model legislation last year, IIAW worked with OCI’s legal staff to advocate for an exemption for our members with fewer than 25 employees, or annual revenues under $5 million, or assets less than $10 million from having to comply with the provisions in the bill. The draft model had originally only exempted businesses with fewer than 10 employees. In addition, IIAW worked with the department to ensure that our member agencies would not be directly responsible for cybersecurity events that occur in a system maintained by an outside third-party service provider. The initial draft model had included this burdensome requirement.

 

So far, eight states have adopted a version of the NAIC model Law and more like Wisconsin are on the way.

 

Sweeping Data Privacy Legislation Fails 

With Industry Opposition

 

River Falls Republican State Representative Shannon Zimmerman unveiled late in the legislative session three bills he headlined, the Wisconsin Data Privacy Act (WDPA), that would fine companies up to $20 million or assess a portion of their annual revenue if found in violation of rules established in the legislation. IIAW opposed these bills at a public hearing held in February by the Assembly Science and Technology Committee. These sweeping bills, if enacted into law, would have unnecessarily created millions of dollars in added compliance costs for our industry and placed significant regulatory burdens on agents. Furthermore, the legislation overlooks the importance of how innovation, new technologies and the use of data within the insurance industry is benefiting consumers and enhancing marketplace competition. Property and Casualty insurance is a heavily state-regulated industry and it’s important that any proposals related to data security and privacy take into account existing laws and regulations administered by the Office of the Commissioner of Insurance (OCI). The Assembly has adjourned session without any action on these proposals. See Assembly Bill 870, Assembly Bill 871, and Assembly Bill 872.

 

Gov. Evers Signs Public Adjuster 

Consumer Protection Bill

 

Legislation brought forward this session by State Representative David Steffen (R-Green Bay) and State Senator Dan Feyen (R-Fond du Lac) will make registration of public adjusters part of Wisconsin law following a recent bill signing by Governor Tony Evers. The bi-partisan legislation, Assembly Bill 357, requires registration with the Office of the Commissioner of Insurance (OCI) for nonresident public adjusters not already registered with their home state. Those registered as nonresident public adjusters will be subject to examination, continuing education and fee requirements. Wisconsin resident public adjuster have the option of registering with OCI and are also subject to requirements in the bill related to contract formation, certain compensation arrangements and professional conduct.

 

Wisconsin becomes the 46th state to regulate public adjusters in some manner. Matt Banaszynski of the IIAW testified in support of the bill highlighting in his testimony the importance of protecting Wisconsin homeowners from increasing public adjuster scams that have been occurring in the state following natural disasters.

 

Gov. Evers Signs 45-Day Renewal With 

Altered Terms Notification Bill

 

Governor Evers also signed legislation supported by the Wisconsin Insurance Alliance (WIA) that shortens the time requirement on personal lines property and casualty coverages from the current 60-day requirement to 45 days on a renewal notification that includes less favorable terms or higher premiums. Twenty-eight states have notice requirements of 30 days or less. Eleven states use the 45-day requirement and five states have a 60-day notification requirement. The WIA had initially asked for a 30-day notice and the final bill as signed by the Governor reflects the good-faith negotiations between the independent insurance agent community and insurance carriers.

Tags:  consumer protection bill  data privacy  government affairs  governor evers  insurance industry 

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