Bill Text: MI HB5670 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Insurance: automobile; choice of personal injury liability coverage level; modify length of choice. Amends sec. 3009 of 1956 PA 218 (MCL 500.3009).
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2022-01-19 - Bill Electronically Reproduced 01/18/2022 [HB5670 Detail]
Download: Michigan-2021-HB5670-Introduced.html
HOUSE BILL NO. 5670
A bill to amend 1956 PA 218, entitled
"The insurance code of 1956,"
by amending section 3009 (MCL 500.3009), as amended by 2019 PA 22.
the people of the state of michigan enact:
Sec. 3009. (1) Subject to subsections (5) to (8), an automobile liability or motor vehicle liability policy that insures against loss resulting from liability imposed by law for property damage, bodily injury, or death suffered by any person arising out of the ownership, maintenance, or use of a motor vehicle must not be delivered or issued for delivery in this state with respect to any motor vehicle registered or principally garaged in this state unless the liability coverage is subject to all of the following limits:
(a) Before July 2, 2020, a limit, exclusive of interest and costs, of not less than $20,000.00 because of bodily injury to or death of 1 person in any 1 accident, and after July 1, 2020, a limit, exclusive of interest and costs, of not less than $250,000.00 because of bodily injury to or death of 1 person in any 1 accident.
(b) Before July 2, 2020 and subject to the limit for 1 person in subdivision (a), a limit of not less than $40,000.00 because of bodily injury to or death of 2 or more persons in any 1 accident, and after July 1, 2020, and subject to the limit for 1 person in subdivision (a), a limit of not less than $500,000.00 because of bodily injury to or death of 2 or more persons in any 1 accident.
(c) A limit of not less than $10,000.00 because of injury to or destruction of property of others in any accident.
(2) If authorized by the insured, automobile liability or motor vehicle liability coverage may be excluded when a vehicle is operated by a named person. An exclusion under this subsection is not valid unless the following notice is on the face of the policy or the declaration page or certificate of the policy and on the certificate of insurance:
Warning—when a named excluded person operates a vehicle all liability coverage is void—no one is insured. Owners of the vehicle and others legally responsible for the acts of the named excluded person remain fully personally liable.
(3) A liability policy described in subsection (1) may exclude coverage for liability as provided in section 3017.
(4) If an insurer deletes coverages from an automobile insurance policy under section 3101, the insurer shall send documentary evidence of the deletion to the insured.
(5) After July 1, 2020, an applicant for or named insured in the automobile liability or motor vehicle liability policy described in subsection (1) may choose to purchase lower limits than required under subsection (1)(a) and (b), but not lower than $50,000.00 under subsection (1)(a) and $100,000.00 under subsection (1)(b). To exercise an option under this subsection, the person shall complete a form issued by the director and provided as required by section 3107e, that meets the requirements of subsection (7).
(6) After July 1, 2020, on application for the issuance of a new policy or renewal of an existing policy, an insurer shall do all of the following:
(a) Provide the applicant or named insured the liability options available under this section.
(b) Provide the applicant or named insured a price for each option available under this section.
(c) Offer the applicant or named insured the option and form under this subsection.
(7) The form required under subsection (5) must do all of the following:
(a) State, in a conspicuous manner, the risks of choosing liability limits lower than those required by subsection (1)(a) and (b).
(b) State, in a conspicuous manner, that a choice will remain in effect while the insured remains insured with the same insurer or an affiliate unless the insured later chooses different liability limits.
(c) (b) Provide a way for the person to mark the form to acknowledge that he or she has received a list of the liability options available under this section and the price for each option.
(d) (c) Provide a way for the person to mark the form to acknowledge that he or she has read the form and understands the risks of choosing the lower liability limits.
(e) (d) Allow the person to sign the form.
(8) After July 1, 2020, if an insurance policy is issued or renewed as described in subsection (1) and the person named in the policy has not made an effective choice under subsection (5), the limits under subsection (1)(a) and (b) apply to the policy.
(9) An effective choice under subsection (5) applies while the insured continues to be insured under a policy described in subsection (1) that is issued by the same insurer or an affiliate of the insurer, as defined in section 2102, or until a policy is issued in accordance with a different effective choice under subsection (5) by the insured.
