Free Personal Automobile Policy Study Guide

Wisconsin Casualty exam — Personal Automobile Policy.

The national Personal Auto Policy guide covers the ISO policy (PP 00 01): Parts A to F, who is an insured, the covered auto and the exclusions. This guide covers the Wisconsin rules:

  • mandatory liability insurance at 25/50/10
  • mandatory uninsured motorist coverage, with UIM optional
  • required medical payments unless rejected
  • the omnibus statute (Wis. Stat. 632.32)
  • Wisconsin's per-defendant comparative negligence rule
  • the assigned-risk plan

Wisconsin is an at-fault state with no PIP/no-fault law.

Fault (Wis. Stat. 895.045)

  • An injured person recovers only if their negligence was not greater than the negligence of the person they sue. Fault is compared separately against each defendant, not against all defendants combined. Damages are reduced by the claimant's share.
  • A defendant less than 51% at fault pays only its own percentage. A defendant 51% or more at fault is jointly and severally liable.
  • Wrongful death damages for loss of society and companionship are capped at $350,000 for an adult and $500,000 for a minor (895.04(4)).
  • When a minor's license application is sponsored by a parent, the sponsoring parents are liable jointly and severally with the minor (343.15).

Mandatory insurance (Wis. Stat. 344.62)

  • An owner must carry a liability policy on the vehicle. Bonds, deposits and self-insurance are the exceptions.
  • Minimum limits (344.01(2)(d)):
    • $25,000 per person
    • $50,000 per accident for bodily injury
    • $10,000 property damage
  • Driving uninsured carries a forfeiture of up to $500. Failing to carry proof is a $10 forfeiture. Proof may be shown on paper or a phone, and showing a phone doesn't let the officer look at other content.
  • Proof of financial responsibility (344.30 to 344.34) may be a certificate of insurance, a bond, a deposit of money or securities, or self-insurance.
    • Certified coverage can't be cancelled until 10 days after notice to the Department of Transportation.
    • It can't be cancelled for nonpayment within 90 days of certification.
    • It must cover use in the U.S. and Canada.

Coverages required in every auto liability policy (Wis. Stat. 632.32)

  • Uninsured motorist coverage of at least $25,000/$50,000 is mandatory (632.32(4)(a)1). Town mutual policies are excepted.
  • Uninsured includes:
    • a vehicle whose insurer becomes insolvent
    • a hit-and-run vehicle
    • a phantom vehicle, if the claim has a witness other than the claimant, a police report within 72 hours and a sworn statement to the insurer within 30 days
  • Government-owned vehicles aren't uninsured vehicles.
  • Medical payments of at least $1,000 must be included unless a named insured rejects it. A rejection carries over to renewals until coverage is asked for in writing.
  • Underinsured motorist coverage is optional (632.32(4m)):
    • The insurer gives a one-time written notice of its availability with the policy.
    • Acceptance or rejection needn't be in writing. No UIM premium is conclusive proof of rejection.
    • If bought, UIM limits are at least $50,000/$100,000.

The omnibus rules (Wis. Stat. 632.32(3), (5), (6))

  • Liability coverage applies to anyone using the described vehicle with permission and anyone legally responsible for its use.
  • A policy may not exclude coverage for:
    • relatives, named insureds or passengers
    • a driver of legal driving age solely because of age
    • use while intoxicated, unlawful or reckless
  • A policy may:
    • prohibit stacking limits across vehicles or policies
    • reduce UM or UIM limits by amounts paid by the responsible party, workers compensation or disability benefit laws
    • exclude owned or household vehicles not listed on the policy, unless newly acquired or replacements
  • A policy can't set a cancellation notice shorter than 20 days (632.32(6)(c)).
  • An umbrella means at least $1,000,000 per person or occurrence above required underlying coverage or a self-insured retention.

Other auto rules

  • An insurer may not cancel, refuse or nonrenew because of age, sex, residence, race, color, creed, religion, national origin, ancestry, marital status or occupation (632.35).
  • An insurer may not penalize an insured for an accident in the course of work unless the policy covers that liability (632.36).
  • Odometer data from DOT can't be a rating factor, though it may be used to investigate mileage (632.365).
  • An insurer may not require a particular glass vendor or location (632.37).
  • Before requiring a non-original-manufacturer replacement part, the insurer gives the insured the prescribed written notice (632.38).
  • An insurer can't use the insured's failure to cooperate as a defense against an injured third party, except for collusion or passengers (632.34).
  • Rating may consider the record of all drivers of the car and household size (Ins 6.54).

Wisconsin Automobile Insurance Plan (Ins 3.49)

  • WAIP is a risk-sharing plan for owners who can't get coverage in the voluntary market. Residents and nonresidents with Wisconsin-registered autos may apply.
  • The agent confirms the applicant tried the voluntary market in the past 60 days and gets the three-year driving record. The agent acts for the applicant.
  • Coverage:
    • liability from 25/50/10 up to 100/300/100
    • mandatory UM at 25/50
    • med pay from $1,000 to $5,000
    • comprehensive and collision with $100, $250 or $500 deductibles

Common exam traps

  • UM is mandatory at 25/50. UIM is optional, and if bought it is at least 50/100.
  • UIM needs only a written notice of availability. Rejection needn't be in writing.
  • Med pay of at least $1,000 is included unless rejected.
  • Comparative fault is measured against each defendant separately. A claimant who is more at fault than a particular defendant can't recover from that defendant.
  • Joint and several liability starts at 51%.
  • A policy can't exclude intoxicated or reckless use, or a household relative.
  • There's no PIP in Wisconsin.

Practice Personal Automobile Policy questions All Casualty topics

Practice questions are study aids generated for exam preparation and are not actual exam questions. Content is provided for educational purposes and is not legal advice. Verify current statutes, rules, and exam specifications with the Insurance Department and the exam administrator before relying on it.