State Codes and Statutes

618.36

618.36 Release from regulation.

618.36(1)

(1) Continuance of regulation. A nondomestic insurer authorized under this chapter is subject to regulation under the applicable provisions of chs. 600 to 646 until released from regulation under this section.

618.36(2)

(2) Application for release. A nondomestic insurer may apply for release from regulation by filing with the commissioner:

618.36(2)(a)

(a) Its certificate of authority;

618.36(2)(b)

(b) A schedule of its outstanding liabilities from policies issued in this state, to residents of this state, or on risks located in this state and from other business transactions in this state;

618.36(2)(c)

618.36(2)(d)

(d) Such other information as the commissioner reasonably requires.

618.36(3)

(3) Release order. The commissioner shall release the insurer from regulation if he or she finds:

618.36(3)(a)

(a) That the insurer has ceased to do any new business in this state;

618.36(3)(b)

(b) That the discharge of existing liabilities to creditors in this state is sufficiently secured; and

618.36(3)(c)

(c) That the release would not otherwise be prejudicial to the interests of insureds, creditors or the public in this state, or of all insureds, creditors and the public in the United States if this state is the state of entry of the insurer into the United States.

618.36(4)

(4) Notification or publication. The commissioner may, before deciding on the release, require the insurer to notify all agents or other classes of potentially interested persons in a manner he or she prescribes, or in a manner he or she prescribes to publish at its own expense its intention to withdraw. The notice shall advise affected persons to communicate to the commissioner any objections they may have to the withdrawal.

618.36(5)

(5) Deposits and subjection to jurisdiction. The commissioner may, as a prerequisite for releasing the insurer, require a deposit under s. 601.13, a bond issued by a surety authorized in this state, or other appropriate security or reinsurance in an amount sufficient to secure the proper discharge of the insurer's liabilities in this state. The commissioner may also require an agreement to remain subject to the jurisdiction of the commissioner and the courts of this state with respect to any matter arising out of business done in this state prior to the release.

618.36 - ANNOT.

History: 1971 c. 260; 1977 c. 339; 1979 c. 89 s. 543; 1979 c. 102 s. 236 (5), (7).