(1) SCOPE. Section
and this section apply to policies issued or renewed on or after November 29,
1979, which insure real property owned and occupied by the insured as a
Seasonal dwellings. A
dwelling used seasonally shall be considered as owned and occupied by the
insured if it is not rented to a non-owner for any period of time.
Outbuildings insured under the same policy as an owner-occupied dwelling are
not subject to s.
homes. Mobile homes as defined in s.
(d), Stats., shall not be considered real
property and shall not be subject to the requirements of s.
units. A policy insuring multiple unit residential property, with at
least one unit occupied by the owner shall be subject to s.
Stats., if there are no more than 4 dwelling units on the property.
Combined commercial and
A policy insuring real property any part of
which is used for commercial (non-dwelling) purposes other than on an
incidental basis is not subject to s.
Note: In Seider v. Musser, 2000 WI 76, 236 Wis. 2d 211, 612
N.W.2d 659, the supreme court ruled that sub. (2) (e) is invalid.
Stats., shall not apply to a policy which insures real property under
construction unless the property is completed and is occupied by the owner as a
building laws. Real property owned and occupied by the insured which
is partially destroyed but ordered destroyed under a fire ordinance or similar
law shall be considered wholly destroyed for purposes of s.
Wis. Admin. Code Office of the Commissioner of Insurance § Ins 4.01
Cr. Register, April, 1981,
No. 304, eff. 5-1-81; r. (2) (f), Register, March, 1983, No. 327, eff. 4-1-83;
correction in (2) (c) made under s. 13.93(2m) (b) 7, Stats., Register, April,
1992, No. 436; correction in (2) (c) made under s.
(b) 7, Stats., Register February 2013 No.