Wisconsin Statutes
Wis. Stat. § 628.40 (2026)
Effect of agent’s appointment on insurer
✓ current as of July 2026
Find cases:
SyfertCases citing this section
WI-LEGdocs.legis.wisconsin.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
628.40628.40 Effect of agent’s appointment on insurer. Every insurer is bound by any act of its agent performed in this state that is within the scope of the agent’s apparent authority, while the agency contract remains in force and after that time until the insurer has made reasonable efforts to recover from the agent its policy forms and other indicia of agency. Reasonable efforts shall include a formal demand in writing for return of the indicia, and notice to the commissioner if the agent does not comply with the demand promptly.
Notes of Decisions
Cited in 3
cases, 1996–2013 · leading case: Kolbe & Kolbe Millwork, Co. v. Manson Ins. Agency, Inc., 983 F. Supp. 2d 1035 (W.D. Wis. 2013).
Kolbe & Kolbe Millwork, Co. v. Manson Ins. Agency, Inc., 983 F. Supp. 2d 1035 (W.D. Wis. 2013). “Specifically, plaintiffs cite to Wis. Stat. § 628.40 , which states that “[e]very insurer is bound by any act of its agent performed in this state that is within the scope of the agent’s apparent authority.”
Scheideler Ex Rel. Tlusty v. Smith & Assocs., Inc., 557 N.W.2d 445 (Wis. Ct. App. 1996). “See also § 628.40, STATS. A claim for reformation is a claim against the insurer, and, once the policy is reformed, the insurer must provide the coverage under the reformed policy.”
Artisan & Truckers Cas. Co. v. Thorson, 2012 WI App 17 (Wis. 2012). “§ 628.40 states that "[e]very insurer is bound by any act of its agent performed in this state that is within the scope of the agent's apparent authority.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.