Wisconsin Statutes

Wis. Stat. § 646.11 (2026)

Organization and administration of fund

✓ current as of July 2026
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646.11646.11Organization and administration of fund.
646.11(1)(1)Organization. There is created an organization to be known as the “insurance security fund.” All insurers subject to this chapter are contributors to the fund as a result of their authority to transact business in this state. The fund shall consist of all of the following:
646.11(1)(a)(a) All payments made by insurers under s. 646.51.
646.11(1)(b)(b) The earnings resulting from investments under s. 646.21 (2).
646.11(1)(c)(c) The amounts recovered under s. 645.72 (2) or a substantially similar law in the state of domicile of the insolvent insurer.
646.11(1)(d)(d) Amounts reimbursed to the fund through its subrogation and assignment rights.
646.11(1)(e)(e) Any other moneys received by the fund from time to time.
646.11(2)(2)Accounts. The fund shall be composed of 6 segregated accounts, one for life insurance and annuities, one for disability insurance other than policies issued or coverage provided by a health maintenance organization insurer, one for health maintenance organization insurers, one for long-term care insurance, one for all other kinds of insurance subject to this chapter, and an administrative account.
646.11(3)(3)Expenses of fund. Necessary expenses of administration of the fund incurred in connection with actual liquidations or with continuation of contracts under s. 646.35 shall be charged to the appropriate account of the fund. All other expenses shall be charged to the administrative account.
646.11(4)(4)Liability. No contributor to the fund, person acting on the fund’s behalf, insurer representative on the board, or alternate representative designated under s. 646.12 (1) (a) 3. is personally liable for any obligations of the fund. The rights of creditors are solely against the assets of the fund.
646.11(5)(5)Immunity. No cause of action of any nature may arise against and no liability may be imposed upon the fund or its agents, employees, directors, including alternate representatives designated under s. 646.12 (1) (a) 3., or contributor insurers, or the commissioner or the commissioner’s agents, employees, or representatives, for any act or omission by any of them in the performance of their powers and duties under this chapter.
Notes of Decisions
Cited in 7 cases, 1983–2006 · leading case: Kontowicz v. Am. Stand. Ins. Co. of Wisconsin, 2006 WI 48 (Wis. 2006).
Kontowicz v. Am. Stand. Ins. Co. of Wisconsin, 2006 WI 48 (Wis. 2006). · cites it 14× “" [3] At that time, Wis. Stat. § 646.11 read in part: (2) Classes of Claims To Be Paid.”
Belongia v. Wisconsin Ins. Sec. Fund, 537 N.W.2d 51 (Wis. Ct. App. 1995). · cites it 8× “[2] To be eligible for payment from the fund, the claimant must show that he or she has an unpaid claim for a loss insured under a policy and that the terms, conditions and limitations of § 646.”
Kontowicz v. Am. Stand. Ins., 2005 WI App 22 (Wis. Ct. App. 2005). · cites it 2× “" The relevant portion of Wis. Stat. § 646.11 (2) (1975) stated that the classes of claims to be paid included: (c) Third party claimants.”
Metro. Life Ins. Co. v. Bd. of Directors of Wisconsin Ins. SEC. Fund, 572 F. Supp. 460 (W.D. Wis. 1983). “§ 646.11. Defendants Cleary, Altman, Ames, Diercks, Hardy, Hoffert, Smith, Stout, Thomas, and Tufts are members of the Wisconsin Insurance Security Fund Board.”
Allison v. Ticor Title Ins., 979 F.2d 1187 (7th Cir. 1992). “46 was enacted in 1976 (section 636.10), it referenced the predecessor to 646.”
Am. Eagle Ins. Co. v. Wisconsin Ins. Sec. Fund, 2005 WI App 177 (Wis. Ct. App. 2005). · cites it 2× “Wis. Stat. § 646.11 (2). When an insurance company goes into liquidation, the Fund must assess all solvent insurers in the same account as the insolvent insurer under Wis.”
Allianz Underwriters Ins. v. Crescent Garage, Inc., 426 N.W.2d 104 (Wis. Ct. App. 1988). · cites it 2× “, on Tab’s Claims Against Iowa National and Fund Section 646.11(1), Stats., creates an "Insurance Security Fund.”
— Wis. Stat. § 646.11(1) — 2 cases
Belongia v. Wisconsin Ins. Sec. Fund, 537 N.W.2d 51 (Wis. Ct. App. 1995). “[2] To be eligible for payment from the fund, the claimant must show that he or she has an unpaid claim for a loss insured under a policy and that the terms, conditions and limitations of § 646.”
Allianz Underwriters Ins. v. Crescent Garage, Inc., 426 N.W.2d 104 (Wis. Ct. App. 1988). “, on Tab’s Claims Against Iowa National and Fund Section 646.11(1), Stats., creates an "Insurance Security Fund.”
— Wis. Stat. § 646.11(2) — 1 case
Allison v. Ticor Title Ins., 979 F.2d 1187 (7th Cir. 1992). “46 was enacted in 1976 (section 636.10), it referenced the predecessor to 646.”
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