PracticeBlogFlashcardsEspañol

1.4 Wisconsin Insurance Security Fund

Key Takeaways

  • The Wisconsin Insurance Security Fund protects policyholders when an insurer becomes insolvent
  • The Fund covers claims up to statutory limits for Wisconsin residents with covered policies
  • Property & Casualty claims are typically covered up to $300,000 per claim
  • The Fund is financed through assessments on insurers doing business in Wisconsin
  • Producers must inform consumers that insurance is backed by the Security Fund but cannot use it as a sales inducement
Last updated: January 2026

The Wisconsin Insurance Security Fund protects consumers when insurance companies become insolvent and cannot pay claims.

Purpose and Authority

Why the Security Fund Exists

Purpose:

  • Protect policyholders from financial loss due to insurer insolvency
  • Maintain public confidence in the insurance system
  • Ensure claims are paid even when insurers fail
  • Provide safety net for Wisconsin insurance consumers

Legal Authority: Wisconsin Statutes Chapter 646

Administration: Administered by OCI under Commissioner oversight

Coverage and Limits

What the Security Fund Covers

The Fund provides coverage for:

Covered Claims:

  • Property insurance claims (homeowners, dwelling, commercial property)
  • Casualty insurance claims (auto liability, general liability)
  • Workers' compensation claims
  • Unpaid premiums on covered policies

Eligibility Requirements:

  • Claimant must be Wisconsin resident OR claim arose in Wisconsin
  • Policy issued by insurer licensed in Wisconsin
  • Claim arose before insolvency date or within coverage period
  • Claim covered by insolvent insurer's policy

Coverage Limits

Property & Casualty Limits:

Coverage TypeMaximum Security Fund Payment
Property Claims$300,000 per claim
Auto Liability Claims$300,000 per claim
General Liability$300,000 per claim
Workers' CompensationFull amount of claim (no cap)

Exam Tip: The typical Security Fund limit is $300,000 per claim for most P&C lines. Workers' compensation claims are paid in full without limit. These limits protect most policyholders but may not cover extremely large claims.

What is NOT Covered

Exclusions from Security Fund Coverage:

  • Claims by insurers, reinsurers, or other insurance companies
  • Claims from self-insured entities
  • Punitive or exemplary damages
  • Claims by directors, officers, or shareholders of insolvent insurer
  • Claims that exceed $300,000 limit (excess not paid)
  • Claims from non-Wisconsin residents for non-Wisconsin losses
  • Amounts recoverable from other sources (other insurance, third parties)

Funding the Security Fund

How the Fund is Financed

Assessment System:

  • Fund financed through assessments on insurers licensed in Wisconsin
  • Assessments made AFTER an insolvency occurs (not pre-funded)
  • Each insurer assessed based on premiums written in Wisconsin
  • Assessments capped at 2% of insurer's annual premium in affected lines

Assessment Process:

  1. Insurer Declared Insolvent: Court or OCI declares insurer insolvent
  2. Claims Reviewed: Security Fund reviews pending claims
  3. Funding Need Determined: Calculate total amount needed to pay claims
  4. Assessments Levied: OCI assesses all licensed insurers proportionally
  5. Insurers Pay: Insurers pay assessments to Security Fund
  6. Claims Paid: Security Fund pays valid claims up to limits

Tax Offsets:

  • Insurers may offset Security Fund assessments against premium taxes
  • Reduces net cost to insurers
  • Spreads insolvency costs across industry

Claim Process

Filing a Claim with the Security Fund

Step 1: Insurer Insolvency

  • OCI places insurer in receivership/liquidation
  • Public notice of insolvency published
  • Deadline set for filing claims (typically 12-18 months)

Step 2: File Claim

  • Submit claim to Security Fund or OCI-appointed receiver
  • Provide documentation: policy, proof of loss, claim details
  • Include all supporting evidence

Step 3: Claim Review

  • Security Fund reviews claim for coverage and validity
  • Determines claim amount within policy limits
  • Verifies claimant eligibility

Step 4: Payment Decision

  • Security Fund approves or denies claim
  • If approved, payment issued up to $300,000 limit
  • If denied, claimant notified with reason

Step 5: Appeal Process

  • Claimant may contest denial through OCI
  • Hearing available for disputed claims
  • Final decision by OCI or court

Claim Priority

If Fund assets insufficient to pay all claims immediately:

Payment Priority:

  1. Workers' Compensation claims (highest priority, paid in full)
  2. Other claims in order of submission (up to $300,000 per claim)

Producer Responsibilities

Disclosing Security Fund Protection

Producers MAY:

  • Inform clients that Wisconsin has an Insurance Security Fund
  • Explain that Fund provides limited protection if insurer becomes insolvent
  • Provide factual information about Fund coverage and limits
  • Reference OCI website for Security Fund details

Producers MAY NOT:

  • Use Security Fund as sales inducement ("Buy from this small insurer—the Security Fund will protect you!")
  • Misrepresent extent of Security Fund protection
  • Suggest Security Fund eliminates need to evaluate insurer financial strength
  • Guarantee Security Fund will pay claims in all circumstances

Best Practices

Recommended Producer Practices:

  • Emphasize importance of insurer financial strength ratings (A.M. Best, S&P)
  • Explain that Security Fund is safety net, not primary protection
  • Recommend adequate coverage limits beyond Security Fund caps
  • Disclose that very large claims may exceed $300,000 Security Fund limit
  • Suggest clients diversify coverage among multiple strong insurers for large exposures
Test Your Knowledge

What is the typical maximum amount the Wisconsin Insurance Security Fund will pay for a property insurance claim?

A
B
C
D
Test Your Knowledge

How is the Wisconsin Insurance Security Fund financed?

A
B
C
D