Bill Text: MI HB5630 | 2009-2010 | 95th Legislature | Introduced


Bill Title: Insurance; no-fault; notification of proposed rate increases; require. Amends sec. 2112 of 1956 PA 218 (MCL 500.2112) & adds sec. 2107b. TIE BAR WITH: HB 5627'09, HB 5628'09, HB 5629'09

Spectrum: Partisan Bill (Democrat 22-0)

Status: (Introduced - Dead) 2009-12-03 - Referred To Second Reading [HB5630 Detail]

Download: Michigan-2009-HB5630-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5630

 

December 1, 2009, Introduced by Reps. Young, Liss, Haugh, Gregory, Kandrevas, Segal, Switalski, Constan, Huckleberry, Slavens, Geiss, Tlaib, Robert Jones, Durhal, Cushingberry, Womack, Nathan, Lemmons, Lisa Brown, Roberts, Gonzales and Lipton and referred to the Committee on Insurance.

 

     A bill to amend 1956 PA 218, entitled

 

"The insurance code of 1956,"

 

by amending section 2112 (MCL 500.2112), as amended by 1980 PA 461,

 

and by adding section 2107b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2107b. (1) At the time of a rate filing for automobile

 

insurance, the commissioner shall prominently post the rate filing

 

information in plain language on the office of financial and

 

insurance regulation website.

 

     (2) Notwithstanding any other provision of this act, an

 

automobile insurer shall not increase rates for automobile

 

insurance unless written notice is given to insureds of the rate

 

increase filing, not less than 60 days before the proposed

 

effective date of the new rates, stating in plain language the

 


amount of the increase and the insured's ability to request a

 

public hearing and provide written comments to the commissioner

 

concerning the rate increase.

 

     (3) A person or organization aggrieved with respect to any

 

rate filing may request the commissioner to conduct a public

 

hearing to provide input regarding the rate filing. The

 

commissioner may grant a request for a public hearing and may

 

designate 1 or more persons to conduct the public hearing if the

 

commissioner considers a public hearing necessary and appropriate

 

for fact-finding or information gathering before making decisions,

 

policies, and determinations allowable or required by law in the

 

course of carrying out the commissioner's duties. In examining the

 

rate filing, the commissioner shall take into account any relevant

 

input received as a result of a public hearing under this section.

 

     Sec. 2112. At least annually, in conjunction with a renewal

 

notice, a bill, or other notice of payment due issued to a

 

policyholder in conjunction with automobile and home insurance

 

contracts, an insurer shall send to each policyholder a written

 

notice in plain language of all of the following:

 

     (a) A description of the specific rating classifications by

 

which the rates and premiums for the policy have been determined.

 

The notice shall be of sufficient detail and clarity so that the

 

policyholder can reasonably verify the applicability and accuracy

 

of the rating classifications.

 

     (b) A general explanation of the extent to which rates or

 

premiums vary among insureds on the basis of the rating

 

classifications used by the insurer.

 


     (c) Sources and reasonable procedures by which the individual

 

can obtain from the insurer additional information sufficient for

 

the individual to calculate and confirm the accuracy of his or her

 

specific premium.

 

     (d) Relevant information regarding the rights of an insured,

 

under sections 2113 and 2114, to appeal the application of the

 

insurer's rating plan in determining his or her premium, to obtain

 

documentation from the insurer regarding the determination of the

 

rate, to appeal the application of the insurer's underwriting rules

 

to the person, to request an informal conference with the insurer,

 

and to file with the commissioner a complaint as an aggrieved

 

person.

 

     (e) A description of all of the insurer's underwriting rules

 

based upon insurance eligibility points and a description of all of

 

the underwriting rules of the insurer's affiliates based upon

 

insurance eligibility points.

 

     (f) A suggestion that the insured contact his or her agent to

 

determine if he or she is eligible for insurance from an affiliate

 

of the insurer or under a different rating plan of the insurer

 

which would provide to the insured insurance at a more favorable

 

premium.

 

     Enacting section 1. This amendatory act does not take effect

 

unless all of the following bills of the 95th Legislature are

 

enacted into law:

 

     (a) Senate Bill No.____ or House Bill No. 5629(request no.

 

01660'09 **).

 

     (b) Senate Bill No.____ or House Bill No. 5627(request no.

 


01661'09 **).

 

     (c) Senate Bill No.____ or House Bill No. 5628(request no.

 

01666'09 ****).

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