May 7, 2019, Introduced by Senators BAYER, CHANG, LUCIDO, HOLLIER, POLEHANKI, RUNESTAD, BULLOCK, ALEXANDER, IRWIN, MOSS, MCCANN, WOJNO, HERTEL, ANANICH, GEISS, MCMORROW and MCBROOM and referred to the Committee on Insurance and Banking.
A bill to amend 1956 PA 218, entitled
"The insurance code of 1956,"
by amending sections 134 and 3104 (MCL 500.134 and 500.3104),
section 134 as amended by 1990 PA 256 and section 3104 as amended
by 2002 PA 662.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 134. (1) Every certificate of authority or license in
prior to before
January 1, 1957 and existing
under any act repealed by this act is valid until its original
expiration date, unless earlier terminated in accordance with this
(2) Any plan of operation adopted by an association or
facility, and any premium or assessment levied against an insurer
of that association or facility, is
hereby validated valid
retroactively to the date of its original adoption or levy and
continue continues in force and effect according to the terms
of the plan of operation, premium, or assessment until otherwise
or the board of directors of
the association or facility pursuant to this act.
(3) An association or facility or the board of directors of
the association or facility is not a state agency and the money of
an association or facility is not state money.
A Except as otherwise provided
in section 3104, a record
an association or facility
shall be exempted is exempt
pursuant to under section 13 of the freedom of
Act No. 442 of the Public Acts of 1976, being
15.243 of the Michigan Compiled Laws 1976 PA 442, MCL
(5) Any premium or assessment levied by an association or
facility, or any premium or assessment of a similar association or
facility formed under a law in force outside this state, is not a
burden or special burden for purposes of a calculation under
section 476a, and any premium or assessment paid to an association
or facility shall not be included in determining the aggregate
a foreign insurer pays to the
commissioner department of
treasury under section 476a.
(6) As used in this section, "association or facility" means
an association of insurers created under this act and any other
association or facility formed under this act as a nonprofit
organization of insurer members, including, but not limited to, the
(a) The Michigan worker's compensation placement facility
created under chapter 23.
(b) The Michigan basic property insurance association created
section chapter 29.
(c) The catastrophic claims association created under chapter
(d) The Michigan automobile insurance placement facility
created under chapter 33.
(e) The Michigan life and health insurance guaranty
association created under chapter 77.
(f) The property and casualty guaranty association created
under chapter 79.
(g) The assigned claims facility created under section 3171.
catastrophic claims association is
as an unincorporated, nonprofit
to be known as
catastrophic claims association, hereinafter referred to as the
is created. Each insurer engaged in
coverages that provide the security required by section 3101(1)
in this state, as a condition of its authority to
insurance in this state, shall be a member of the association and
be is bound by the plan of operation of the association. Each
An insurer engaged in writing insurance coverages that provide the
required by section 3103(1)
within in this state, as a
condition of its authority to transact insurance in this state,
be is considered to
be a member of the association, but
for purposes of premiums under subsection (7)(d). Except as
expressly provided in this section, the association is not subject
to any laws of this state with respect to insurers, but in all
other respects the association is subject to the laws of this state
to the extent that the association would be if it were an insurer
organized and subsisting under chapter 50.
(2) The association shall provide and each member shall accept
indemnification for 100% of the amount of ultimate loss sustained
under personal protection insurance coverages in excess of the
following amounts in each loss occurrence:
(a) For a motor vehicle accident policy issued or renewed
before July 1, 2002, $250,000.00.
(b) For a motor vehicle accident policy issued or renewed
during the period July 1, 2002 to June 30, 2003, $300,000.00.
(c) For a motor vehicle accident policy issued or renewed
during the period July 1, 2003 to June 30, 2004, $325,000.00.
(d) For a motor vehicle accident policy issued or renewed
during the period July 1, 2004 to June 30, 2005, $350,000.00.
(e) For a motor vehicle accident policy issued or renewed
during the period July 1, 2005 to June 30, 2006, $375,000.00.
(f) For a motor vehicle accident policy issued or renewed
during the period July 1, 2006 to June 30, 2007, $400,000.00.
(g) For a motor vehicle accident policy issued or renewed
during the period July 1, 2007 to June 30, 2008, $420,000.00.
(h) For a motor vehicle accident policy issued or renewed
during the period July 1, 2008 to June 30, 2009, $440,000.00.
(i) For a motor vehicle accident policy issued or renewed
during the period July 1, 2009 to June 30, 2010, $460,000.00.
(j) For a motor vehicle accident policy issued or renewed
during the period July 1, 2010 to June 30, 2011, $480,000.00.
(k) For a motor vehicle accident policy issued or renewed
during the period July 1, 2011 to June 30, 2013, $500,000.00.
(l) For a motor vehicle accident policy issued or renewed
during the period July 1, 2013 to June 30, 2015, $530,000.00.
(m) For a motor vehicle accident policy issued or renewed
during the period July 1, 2015 to June 30, 2017, $545,000.00.
(n) For a motor vehicle accident policy issued or renewed
during the period July 1, 2017 to June 30, 2019, $555,000.00.
2013, 2019, this $500,000.00 $555,000.00 amount
must be increased biennially on July 1 of each
year, for policies issued or renewed before July 1 of the following
year, by the lesser of 6% or the
consumer price index,
Price Index, and rounded to the nearest
association shall calculate this biennial
by the association by January 1 of
the year of its July
1 effective date.
An insurer may withdraw from the association only
ceasing to write insurance that provides the security required by
section 3101(1) in this state.
(4) An insurer whose membership in the association has been
shall continue continues
to be bound by
plan of operation, and
withdrawal, all unpaid premiums
that have been charged to the withdrawing member are payable as of
the effective date of the withdrawal.
(5) An unsatisfied net liability to the association of an
shall must be assumed by and apportioned among the
remaining members of the association as provided in the plan of
operation. The association has all rights allowed by law on behalf
of the remaining members against the estate or funds of the
sums money due the association.
(6) If a member has been merged or consolidated into another
insurer or another insurer has reinsured a member's entire business
that provides the security required by section 3101(1) in this
state, the member and successors in interest of the member remain
liable for the member's obligations.
(7) The association shall do all of the following on behalf of
the members of the association:
(a) Assume 100% of all liability as provided in subsection
Establish procedures by which members
shall must promptly
report to the association each claim that, on the basis of the
injuries or damages sustained, may reasonably be anticipated to
involve the association if the member is ultimately held legally
liable for the injuries or damages. Solely for the purpose of
reporting claims, the member shall in all instances consider itself
legally liable for the injuries or damages. The member shall also
advise the association of subsequent developments likely to
materially affect the interest of the association in the claim.
(c) Maintain relevant loss and expense data relative to all
liabilities of the association and require each member to furnish
statistics, in connection with liabilities of the association, at
times and in the form and detail as
may be required by the plan
(d) In a manner provided for in the plan of operation, and
subject to the director of the department's approval, calculate and
charge to members of the association a total premium sufficient to
cover the expected losses and expenses of the association that the
association will likely incur during the period for which the
premium is applicable. The director of the department may
disapprove any total premium amount that the director of the
considers to be excessive. The premium
include an amount to cover incurred but not reported losses for the
period and may be adjusted for any excess or deficient premiums
from previous periods. Excesses or deficiencies from previous
periods may be fully adjusted in a single period or may be adjusted
over several periods in a manner provided for in the plan of
shall must be charged an amount equal to
that member's total written car years of insurance providing the
security required by section 3101(1) or 3103(1), or both, written
in this state during the period to which the premium applies,
multiplied by the average premium per car. The average premium per
shall be is the total premium calculated divided by the total
written car years of insurance providing the security required by
section 3101(1) or 3103(1) written in this state of all members
the period to which the premium applies. A member
be charged a premium for a historic vehicle that is insured with
the member of 20% of the premium charged for a car insured with the
member. As used in this subdivision:
(i) "Car" includes a motorcycle but does not include a
(ii) "Historic vehicle" means a vehicle that is a registered
historic vehicle under section 803a or 803p of the Michigan vehicle
code, 1949 PA 300, MCL 257.803a and 257.803p.
(e) Require and accept the payment of premiums from members of
the association as provided for in the plan of operation. The
association shall do either of the following:
(i) Require payment of the premium in full within 45 days
after the premium charge.
(ii) Require payment of the premiums to be made periodically
to cover the actual cash obligations of the association.
Receive and distribute all
required by the
operation of the association.
(g) Establish procedures for reviewing claims procedures and
practices of members of the association. If the claims procedures
or practices of a member are considered inadequate to properly
service the liabilities of the association, the association may
undertake or may contract with another person, including another
member, to adjust or assist in the adjustment of claims for the
member on claims that create a potential liability to the
association and may charge the cost of the adjustment to the
(8) In addition to other powers granted to it by this section,
the association may do all of the following:
(a) Sue and be sued in the name of the association. A judgment
not create any direct liability
against the individual members of the association. The association
may provide for the indemnification of its members, members of the
board of directors of the association, and officers, employees, and
other persons lawfully acting on behalf of the association.
(b) Reinsure all or any portion of its potential liability
with reinsurers licensed to transact insurance in this state or
of the department.
(c) Provide for appropriate housing, equipment, and personnel
may be necessary to assure the efficient operation of the
(d) Pursuant to the plan of operation, adopt reasonable rules
for the administration of the association, enforce those rules, and
delegate authority, as the board considers necessary to assure the
proper administration and operation of the association consistent
with the plan of operation.
(e) Contract for goods and services, including independent
claims management, actuarial, investment, and legal services, from
within in or without outside of this state to
efficient operation of the association.
(f) Hear and determine complaints of a company or other
interested party concerning the operation of the association.
(g) Perform other acts not specifically enumerated in this
section that are necessary or proper to accomplish the purposes of
the association and that are not inconsistent with this section or
the plan of operation.
A board of directors is created
, hereinafter referred to
the board, which shall be responsible for the operation of and
shall operate the association consistent with the plan of operation
and this section.
The plan of operation
provide for all of the
(a) The establishment of necessary facilities.
(b) The management and operation of the association.
(c) Procedures to be utilized in charging premiums, including
adjustments from excess or deficient premiums from prior periods.
(d) Procedures governing the actual payment of premiums to the
(e) Reimbursement of each member of the board by the
association for actual and necessary expenses incurred on
(f) The investment policy of the association.
(g) Any other matters required by or necessary to effectively
implement this section.
Each The board shall must include members that
contribute a total of not less than 40% of the total premium
calculated pursuant to subsection (7)(d) and 1 member representing
the general public, appointed as provided in subsection (14). Each
shall be is entitled to 1 vote. The initial term of office
shall be is 2 years.
(12) As part of the plan of operation, the board shall adopt
providing for the composition
and term of successor boards to
initial board and the
terms of board members, consistent with
the membership composition requirements in subsections (11) and
Terms of the directors
be staggered so that the
terms of all the directors do not expire at the same time and so
that a director does not serve a term of more than 4 years.
shall must consist of 5 6 directors , and the
director of the department,
who shall be an ex officio
as a voting member of the board.
Each director The director
of the department shall be
by the commissioner and appoint
the directors. The
director of the department shall appoint the first public member to
the board within 3 months after the effective date of the
amendatory act that added this sentence. A director shall serve
that member's his or her successor is selected and qualified.
board shall elect the chairperson of the board.
by the board. A The director
of the department shall fill
vacancy on the board
shall be filled
by the commissioner
with as provided in the plan of operation.
After the board is appointed, the The board shall meet as
as the chairperson, the
commissioner, director of the
or the plan of operation
require, requires, or at
request of any 3 members of the board. The chairperson
the right to may vote on all issues. Four members of the
board constitute a quorum.
An The board shall furnish
to each member an annual
report of the operations of the association in a form and detail as
be determined by the board. shall
be furnished to each member.
Not more than 60 days after the initial organizational
of the board, the board shall submit to the commissioner
approval a proposed plan of operation consistent with the
and provisions of this section, which shall provide for
economical, fair, and nondiscriminatory administration of the association
and for the prompt and efficient provision of
If a plan is not submitted within this 60-day period,
the commissioner, after consultation with the board, shall
and place into effect a plan consistent with this
The plan of operation, unless approved sooner in writing,
be considered to meet the requirements of this section if it
not disapproved by written order of the commissioner within 30
after the date of its submission. Before disapproval of all or
part of the proposed plan of operation, the commissioner shall
the board in what respect the plan of operation fails to
the requirements and objectives of this section. If the board
to submit a revised plan of operation that meets the
and objectives of this section within the 30-day
the commissioner shall enter an order accordingly and shall
formulate and place into effect a plan consistent with
requirements and objectives of this section.
The proposed plan of operation or Any
the plan of operation of the association are subject to majority
by the board,
by a majority of the
membership having a vote, with voting rights being apportioned
to the premiums charged in subsection (7)(d), and
to approval by the commissioner.director of the department.
Upon approval by the commissioner and ratification
the members of the plan submitted, or upon the promulgation of a
by the commissioner, each An insurer authorized to write
insurance providing the security required by section 3101(1) in
this state, as provided in this section, is bound by and shall
subscribe to and participate in the plan
operation as a condition of maintaining its authority to transact
insurance in this state.
The association is subject to all
reserve, and investment requirements of the
of the department to the same extent as
would a member are
the members of the association.
Premiums charged members by the
must be recognized in the rate-making procedures for insurance
rates in the same manner that expenses and premium taxes are
The commissioner director of the department or an
representative of the
commissioner director of the
department may visit the association at any time and examine any
and all of the association's affairs.
The association does not have
liability for losses
occurring before July 1, 1978.
(23) The board shall conduct its business at a public meeting
of the board held in compliance with the open meetings act, 1976 PA
267, MCL 15.261 to 15.275.
(24) A writing prepared, owned, used, in the possession of, or
retained by the board in the performance of an official function is
subject to disclosure under the freedom of information act, 1976 PA
442, MCL 15.231 to 15.246, as if the board were a public body
subject to that act.
(25) An independent certified public accountant appointed by
the director of the department shall annually conduct and deliver
to the director of the department and the senate and house of
representatives standing committees on insurance issues an audit of
the association. In conducting the audit, the appointed certified
public accountant must be given access to all records of the
association. Each audit required by this subsection must include a
determination of whether the association is likely to be able to
continue to meet its obligations.
As used in this section:
(a) "Association" means the catastrophic claims association
created in subsection (1).
(b) "Board" means the board of directors of the association
created in subsection (9).
"Consumer price index"
Price Index" means the
of change in the
consumer price index Consumer Price
Index for all urban consumers in the United States city average for
items for the 24 months
prior to before October 1 of the year
to before the July 1 effective date of the biennial
as reported by the United
department Department of labor, bureau Labor, Bureau of
statistics, Labor Statistics,
and as certified by the
commissioner.director of the department.
"Motor vehicle accident
policy" means a policy
providing the coverages required under section 3101(1).
"Ultimate loss" means the
actual loss amounts that a
member is obligated to pay and that are paid or payable by the
member, and do not include claim expenses. An ultimate loss is
incurred by the association on the date that the loss occurs.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 301
of the 100th Legislature is enacted into law.