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MI SB1282
Bill
AI Summary
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Adds a new subsection (3) limiting treble damages claims against qualified depository institutions when stolen, embezzled, or converted property is deposited in an account at the institution, unless the institution had actual knowledge of the theft or was grossly negligent in servicing the account.
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Defines "qualified depository institution" as a bank, savings and loan association, savings bank, or credit union that is chartered or organized under state or federal law and whose deposits or share accounts are insured by a U.S. government agency.
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Preserves the existing right to recover three times actual damages plus costs and reasonable attorney fees for theft, embezzlement, property conversion, or receiving stolen property with knowledge of its status.
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Allows persons who suffer damages from stolen or embezzled property to still pursue triple damages claims against qualified depository institutions if the institution had actual knowledge of the theft or was grossly negligent in account servicing.
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Maintains that treble damages remedies under the section remain in addition to any other legal remedies available to the person.
Legislative Description
Financial institutions; generally; deposit of stolen property in certain depository institutions; limit availability of treble damages under revised judicature act Amends sec. 2919a of 1961 PA 236 (MCL 600.2919a).
Financial institutions, generally
Last Action
Referred To Committee On Banking And Financial Institutions
9/19/2012