Wisconsin § 628.34 - Unfair marketing practices.

§ 628.34. Unfair marketing practices.

628.34(1) (1) Misrepresentation. 628.34(1)(a) (a) Conduct forbidden. No person who is or should be licensed under chs. 600 to 646 , no employee or agent of any such person, no person whose primary interest is as a competitor of a person licensed under chs. 600 to 646 , and no person on behalf of any of the foregoing persons may make or cause to be made any communication relating to an insurance contract, the insurance business, any insurer, or any intermediary that contains false or misleading information, including information that is misleading because of incompleteness. Filing a report and, with intent to deceive a person examining it, making a false entry in a record or willfully refraining from making a proper entry, are “communications” within the meaning of this paragraph. No intermediary or insurer may use any business name, slogan, emblem, or related device that is misleading or likely to cause the intermediary or insurer to be mistaken for another insurer or intermediary already in business. No intermediary may provide a misleading certificate of insurance. 628.34(1)(b) (b) Presumption of insurer’s violation. If an insurance agent distributes cards or documents, exhibits a sign or publishes an advertisement which violates par. (a) , having reference to a particular insurer that the agent represents, the agent’s violation creates a rebuttable presumption that the violation was also committed by the insurer. 628.34(2) (2) Unfair inducements. 628.34(2)(a) (a) General. No insurer, no employee of an insurer, and no insurance intermediary may seek to induce any person to enter into an insurance contract or to terminate an existing insurance contract by offering benefits not specified in the policy, nor may any insurer make any agreement of insurance that is not clearly expressed in the policy to be issued. This subsection does not preclude the reduction of premiums by reason of expense savings, including commission reductions, resulting from any form of mass marketing. 628.34(2)(b) (b) Absorption of tax. No agent, broker or insurer may absorb the tax under s. 618.43 (2) . 628.34(3) (3) Unfair discrimination. 628.34(3)(a) (a) No insurer may unfairly discriminate among policyholders by charging different premiums or by offering different terms of coverage except on the basis of classifications related to the nature and the degree of the risk covered or the expenses involved, subject to ss.