Wis. Admin. Code Office of the Commissioner of Insurance § Ins 4.01 - Interpretation and implementation of s 632.05 (2), Stats

Current through November 29, 2021

(1) SCOPE. Section 632.05, Stats., 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 dwelling.
(2) INTERPRETATIONS.
(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.
(b) Outbuildings. Outbuildings insured under the same policy as an owner-occupied dwelling are not subject to s. 632.05(2), Stats.
(c) Mobile homes. Mobile homes as defined in s. 66.0435(1) (d), Stats., shall not be considered real property and shall not be subject to the requirements of s. 632.05(2), Stats.
(d) Multifamily units. A policy insuring multiple unit residential property, with at least one unit occupied by the owner shall be subject to s. 632.05(2), Stats., if there are no more than 4 dwelling units on the property.
(e) Combined commercial and residential properties. 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. 632.05(2), Stats.

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.

(g) Property under construction. Section 632.05(2), 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 dwelling.
(h) Operation of 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. 632.05(2), Stats.

Notes

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. 13.92(4) (b) 7, Stats., Register February 2013 No. 686.

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