Section 100.11. Notice of subrogation.

 

(1)  An insurer may file a notice of subrogation with the department at any time.

(2)  Acceptable notice of subrogation is any of the following:

(a) A copy of a subrogation receipt signed by the insured.

(b) Proof of payment made as follows:

1. A copy of the insurer's cancelled check endorsed by the insured or a third party that provided services to the insured for damages resulting from the accident, such as an automobile repair facility.

2. If a copy of the endorsement is not readily available, a written certification of the insurer that payment was accepted by the payee named on the check.

3. If a copy of the check is not readily available, an insurer may submit a copy of a corporate payment record together with a certification that the payment was accepted by the insured party or a third party that provided services to the insured for damages resulting from the accident, such as an automobile repair facility.

(3)  If a person deposits security with the department, the department shall provide notice of the filing to any person that has filed a notice of subrogation with the department at the address set forth in the subrogation notice or, if the subrogee is an insurer, at the address on file with the department for correspondence with the insurer.

(4)  Disposition of any deposited security shall be made in accordance with s. Trans 100.08 and s. 344.20 , Stats.

(5)  Releases and installment agreements filed after the filing of a subrogation notice with the department will not have any effect unless each subrogated party and insured has joined in or filed a release or installment agreement.

(6)  Releases or installment agreements received before notice of subrogation is received and filed by the department will not be affected by the filing of the subrogation notice.

Cr. Register, October, 1985, No. 358 , eff. 11-1-85; am., Register, April, 1994, No. 460 , eff. 5-1-94; CR 01-156 : r. and recr. Register October 2005 No. 598 , eff. 11-1-05.