Section 628.03. Requirement of license.

 

(1)   General. No natural person may perform, offer to perform, or advertise any service as an intermediary in this state, unless the natural person obtains a license under s. 628.04 or 628.09 , and no person may utilize the services of another as an intermediary if the person knows or should know that the other does not have a license as required by law. The licensing requirements of this subsection do not apply to a person who solely procures unauthorized insurance, as defined in s. 618.40 (11) , that is not surplus lines insurance, as defined in s. 618.40 (10) .

(1m)   Risk purchasing groups. No natural person may solicit, negotiate or obtain insurance on behalf of a risk purchasing group which does business in this state unless the natural person obtains a license under s. 628.04 or 628.09 . A risk purchasing group may not allow a natural person to solicit, negotiate or obtain insurance on its behalf if the risk purchasing group knows that the natural person is not licensed as required by this subsection.

(2)   Exemptions. The commissioner may by rule exempt certain classes of natural persons from the requirement of obtaining a license:

(a) If the functions they perform do not require special competence or trustworthiness or the regulatory surveillance made possible by licensing; or

(b) If other existing safeguards make regulation unnecessary.

(3)   Validity of contract. No insurance contract is invalid as a result of a violation of this section.

1975 c. 371 , 421 ; 1981 c. 38 ; 1987 a. 247 ; 2011 a. 224 . Cross-reference: See also chs. Ins 45 and 47 and ss. Ins 6.50 and 6.58 , Wis. adm. code.