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MI HB5603
Bill
Status
4/27/2016
Primary Sponsor
Lana Theis
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AI Summary
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Restructures Section 3172 of the Michigan Insurance Code to clarify when persons may obtain personal protection insurance benefits through the assigned claims plan, establishing four specific conditions: when no personal protection insurance applies, when applicable insurance cannot be identified, when insurers dispute coverage obligations, or when identified insurance is financially inadequate.
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Requires claimants to file completed applications with the Michigan Automobile Insurance Placement Facility using provided claim forms and submit satisfactory proof of loss, with the facility establishing standards for what constitutes satisfactory proof.
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Limits offset of assigned claims plan benefits to other benefit sources, explicitly excluding benefits under the Medicaid program (1939 PA 280) and Medicare (42 USC 1395 to 1395lll).
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Establishes procedures for disputes between insurers concerning coverage obligations or loss distribution, including notification requirements, immediate benefit provision by assigned insurers, and circuit court declaratory judgment actions to determine insurer obligations and equitable loss distribution.
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Requires court-ordered reimbursement to include all benefits, costs, attorney fees, and interest at rates prescribed in Section 3175, effective 90 days after enactment.
Legislative Description
Insurance; no-fault; submission of claims to assigned claims plan; enact requirements. Amends sec. 3172 of 1956 PA 218 (MCL 500.3172).
Insurance: no-fault
Last Action
Bill Electronically Reproduced 04/27/2016
4/28/2016