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1 chapters · 1,672 sections in this title.
Mich. Comp. Laws § 500.1901 Short title.
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Sec. 1901. This chapter shall be known and may be cited as the "surplus lines insurance act".
Mich. Comp. Laws § 500.1902 Liberal construction and application.
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Sec. 1902. This chapter shall be liberally construed and applied to promote its underlying purposes which include: (a) Protecting persons seeking insurance in this state. (b) Permitting stable and reputable insurers to write surplus lines insurance in this state. (c) Establishing…
Mich. Comp. Laws § 500.1903 Definitions; conflicting provisions.
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Sec. 1903. (1) As used in this chapter: (a) "Eligible unauthorized insurer" means an insurer not authorized to transact insurance in this state but eligible to write insurance business under this chapter. (b) "Association" means an association registered under section 1930. (c) "…
Mich. Comp. Laws § 500.1903a Contract of insurance.
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Sec. 1903a. For purposes of this chapter, a written contract or similar device which offers benefits substantially similar to benefits offered under policies of insurance, whether or not the benefits are identified or described as insurance, shall constitute a contract of insuran…
Mich. Comp. Laws § 500.1904 Rates and forms used by unauthorized insurers.
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Sec. 1904. (1) Rates used by unauthorized insurers shall not be subject to this code, except that a rate shall not be unfairly discriminatory. (2) Forms used by unauthorized insurers pursuant to this chapter shall not be subject to this code, except that a policy shall not contai…
Mich. Comp. Laws § 500.1905 License required to act as agent or broker in transaction of surplus lines insurance; compliance; requirements for obtaining surplus lines license; permissible acts of surplus lines licensee; conditions to placement of insurance with eligible unauthorized insurer.
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Sec. 1905. (1) A person shall not solicit insurance, bind coverage, or in any other manner act as an agent or broker in the transaction of surplus lines insurance unless licensed under this chapter and section 1206a. (2) A person shall not offer, solicit, make a quotation on, sel…
Mich. Comp. Laws § 500.1906 Books and records of surplus lines licensee; examination; access.
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Sec. 1906. If the commissioner considers it necessary, he or she may examine the books and records of a surplus lines licensee to determine whether the licensee is conducting its business in accordance with this chapter. For the purpose of facilitating the examination, the licens…
Mich. Comp. Laws § 500.1910 Prohibited placement of insurance with unauthorized insurer; rebuttable presumption as to availability of coverages; list of unavailable lines of insurance; additions to or deletions from list; publication, revision, and availability of list.
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Sec. 1910. (1) Insurance shall not be placed by a licensee with an unauthorized insurer if coverage is available from an authorized insurer. (2) There is a rebuttable presumption that the following coverages are available from an authorized insurer: (a) No-fault automobile insura…
Mich. Comp. Laws § 500.1911 Issuing evidence of placement of insurance with eligible unauthorized insurer; conditions; identification of entities directly assuming risk of loss; specifying obligation as joint or several; specifying proportion of obligation assumed.
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Sec. 1911. (1) Only a licensee shall issue evidence of placement of insurance with an eligible unauthorized insurer. A licensee shall not issue that evidence, cause or purport to cause any risk to be insured by an eligible unauthorized insurer, or advise any insured or applicant …
Mich. Comp. Laws § 500.1912 Delivery of written evidence of insurance to insured or insured's representative; time; conditions.
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Sec. 1912. If the surplus lines licensee acts in reliance on prior written authority from an eligible unauthorized insurer in accordance with section 1911(1)(a), or on a written or oral communication received in accordance with section 1911(1)(b), the licensee, within 30 days aft…
Mich. Comp. Laws § 500.1913 Separate account of each transaction; filing certified evidence of transactions.
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Sec. 1913. Each surplus lines licensee shall keep a separate account of each transaction entered into pursuant to section 1905. Certified evidence of these transactions in the form and manner prescribed by the commissioner shall be filed periodically with the commissioner, or if …
Mich. Comp. Laws § 500.1915 Charging fees; conditions; excessive or discriminatory fee prohibited; documentation and evidence of disclosure of fees; exclusion of fees in computation of premium taxes.
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Sec. 1915. (1) A licensee may charge a fee as follows: (a) For a surplus lines insurance policy, a fee in addition to a commission only if the fee is not included in the premium and the fee is reasonable to cover underwriting and other expenses that are unique to surplus lines. (…
Mich. Comp. Laws § 500.1916 Compensation of licensee and licensed resident agent; collection of premiums; effect of premium payment made to agent.
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Sec. 1916. A licensee may be compensated by an unauthorized insurer and the licensee may compensate a licensed resident agent in this state for obtaining surplus lines insurance business. The licensed resident agent authorized by the licensee may collect a premium on behalf of a …
Mich. Comp. Laws § 500.1917 Liability if risk assumed and premium received by licensee.
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Sec. 1917. If an unauthorized insurer has assumed a risk and if the premium for that risk has been received by the licensee who placed the insurance, then as between the insurer and the insured, the insurer shall be considered to have received the premium due to it for the covera…
Mich. Comp. Laws § 500.1920 Recognition as eligible surplus lines insurer; application; recommendations; conditions; information; examination; removal of insurer from list.
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Sec. 1920. (1) A licensee shall offer surplus lines insurance only to insurers that are in a stable and unimpaired financial condition. An insurer recognized by the commissioner as an eligible surplus lines insurer pursuant to subsection (2) shall be considered to meet the requir…
Mich. Comp. Laws § 500.1921 Recognition as eligible unauthorized insurer; deposit; trust fund, marketable securities, or equivalent instruments; provisions inapplicable to certain unincorporated, alien insurers; commissioner as resident agent for service of process.
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Sec. 1921. (1) In addition to other requirements of this chapter, to gain recognition as an eligible unauthorized insurer in this state, an unauthorized insurer shall deposit with this state in cash, marketable securities, or other comparable instruments, at least $75,000.00 sole…
Mich. Comp. Laws § 500.1922 Notice on face of instrument evidencing surplus lines insurance.
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Sec. 1922. Each policy, cover note, or other instrument evidencing surplus lines insurance which is to be delivered to an insured or a representative of an insured shall have printed, typed, or stamped in red ink upon its face, in not less than 10-point type, the following notice…
Mich. Comp. Laws § 500.1930 Association of licensees; registration; purposes; required filings by association; reasons for refusal to register association; reasons for suspension or revocation of registration; denial of membership.
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Sec. 1930. (1) Licensees may associate and the commissioner may register an association for 1 or more of the following purposes: (a) Advising the commissioner as to the availability of surplus lines coverage and market practices and standards for surplus lines insurers and licens…
Mich. Comp. Laws § 500.1932 Servicing facility; establishment; reimbursement for expenses and payments; functions; approval; member licensee as servicing facility.
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Sec. 1932. (1) In accordance with its bylaws, an association may establish an independent office as a servicing facility. Each servicing facility shall be reimbursed by the association for expenses incurred and for any payments made on behalf of the association. Each servicing fa…
Mich. Comp. Laws § 500.1933 Suits by or against association; assertion or defense of rights.
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Sec. 1933. An association, in its own name or through servicing facilities, may sue or be sued and may use the courts to assert or defend any rights the association may have by virtue of this chapter which are reasonably necessary to fully implement this chapter.
Mich. Comp. Laws § 500.1934 Filing certified audit of books, records, and trust funds.
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Sec. 1934. Each association shall file annually with the commissioner a certified audit of the books and records of the association and its trust funds.
Mich. Comp. Laws § 500.1940 Reports and recommendations regarding financial condition of eligible unauthorized insurer; reports and recommendations not considered public documents; liability for statements.
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Sec. 1940. The association may submit reports and make recommendations to the commissioner regarding the financial condition of any eligible unauthorized insurer. These reports and recommendations shall not be considered to be public documents. There shall not be liability on the…
Mich. Comp. Laws § 500.1950 Placement of insurance with insurer which is neither an authorized insurer nor an eligible unauthorized insurer; duties of licensee.
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Sec. 1950. Notwithstanding section 1920(1), a resident of this state may obtain insurance from an unauthorized insurer in this state through a licensee under this chapter. Unless the resident insists that the insurance be placed with an unauthorized insurer which is not recognize…
Mich. Comp. Laws § 500.1951 Procuring, continuing, or renewing insurance with unauthorized insurer; report; tax on premiums; regulatory fee.
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Sec. 1951. An insured in this state who, on behalf of himself or herself, or an employee in this state who, on behalf of his or her employer, procures, causes to be procured, or continues or renews insurance with an unauthorized insurer, or a self-insurer in this state who procur…
Mich. Comp. Laws § 500.1952 Violation as misdemeanor; penalty.
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Sec. 1952. A person who knowingly and wilfully violates or aids or abets directly or indirectly in a violation of this chapter is guilty of a misdemeanor, punishable by imprisonment for not more than 1 year, or a fine of not more than $1,000.00, or both.
Mich. Comp. Laws § 500.1955 Rules implementing chapter; declaratory rulings.
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Sec. 1955. The commissioner may promulgate rules to implement this chapter pursuant to Act No. 306 of the Public Acts of 1969, as amended. The commissioner may issue declaratory rulings regarding implementation of this chapter.
Mich. Comp. Laws § 500.200 Insurance department; establishment.
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Sec. 200. There is hereby established a separate and distinct state department which shall be especially charged with the execution of the laws in relation to insurance and surety business and to perform such other duties as may be required by law: Provided, however, That the sai…
Mich. Comp. Laws § 500.2001 Short title.
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Sec. 2001. Sections 2001 to 2050 shall be known and may be cited as "the uniform trade practices act".
Mich. Comp. Laws § 500.2002 Purpose of act.
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Sec. 2002. The purpose of this uniform trade practices act is to regulate trade practices in the business of insurance in accordance with the intent of congress as expressed in the act of congress of March 9, 1945 (Public Law 15, 79th Congress as amended), by defining, or by prov…
Mich. Comp. Laws § 500.2003 Prohibited trade practices; "person" defined.
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Sec. 2003. (1) A person shall not engage in a trade practice that is defined or described in this chapter or is determined under this chapter to be an unfair method of competition or an unfair or deceptive act or practice in the business of insurance. (2) Except as otherwise prov…
Mich. Comp. Laws § 500.2005 Misrepresentations.
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Sec. 2005. An unfair method of competition and an unfair or deceptive act or practice in the business of insurance means the making, issuing, circulating, or causing to be made, issued, or circulated, an estimate, illustration, circular, statement, sales presentation, or comparis…
Mich. Comp. Laws § 500.2005a Unfair method of competition; unfair or deceptive act or practice.
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Sec. 2005a. An unfair method of competition and an unfair or deceptive act or practice in the business of insurance includes all of the following: (a) Knowingly making any misleading representation or incomplete or fraudulent comparison of any insurance policies, certificates, or…
Mich. Comp. Laws § 500.2006 Payment of benefits on timely basis; payment of interest in alternative; failure to pay claims or interest as unfair trade practice; liability for claim pursuant to judgment; proof of loss; inability to pay claim; interest requirements; failure of reinsurer to pay benefits on timely basis; effect of inconsistency with certain acts; exceptions; processing and payment procedures; notices; payment of 1 or more services listed on claim; violations; fines; definitions; section applicable to nonprofit dental care corporation.
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Sec. 2006. (1) A person must pay on a timely basis to its insured, a person directly entitled to benefits under its insured's insurance contract, or a third party tort claimant the benefits provided under the terms of its policy, or, in the alternative, the person must pay to its…
Mich. Comp. Laws § 500.2007 Unfair methods of competition or deception; false, deceptive or misleading advertising.
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Sec. 2007. The following are defined as unfair methods of competition and unfair and deceptive acts or practices in the business of insurance: Making, publishing, disseminating, circulating, or placing before the public, or causing, directly or indirectly, to be made, published, …
Mich. Comp. Laws § 500.2008 Audit of insured's payroll expenditures; purpose; request; failure to complete payroll audit or final audit as unfair or deceptive act or practice; failure to pay premium adjustment or dividend on timely basis as unfair or deceptive act or practice; “timely basis” defined; interest; applicability of section.
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Sec. 2008. (1) Upon the written request of an insured, an insurer shall audit or cause to be audited an insured's payroll expenditures for the purpose of determining the proper worker's compensation insurance premiums. The written request of the insured shall include a statement …
Mich. Comp. Laws § 500.2009 False, maliciously critical, or derogatory statement as to financial condition.
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Sec. 2009. Unfair methods of competition and unfair or deceptive acts or practices in the business of insurance include the making, publishing, disseminating, or circulating, directly or indirectly, or aiding, abetting, or encouraging the making, publishing, disseminating, or cir…
Mich. Comp. Laws § 500.2010 Unfair method of competition; unfair or deceptive act or practice.
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Sec. 2010. It is an unfair method of competition and an unfair or deceptive act or practice in the business of insurance for a malpractice insurer to refuse to offer insurance to a health care provider or hospital on the grounds that the health care provider or hospital has enter…
Mich. Comp. Laws § 500.2011 Unfair methods of competition; unfair or deceptive acts or practices.
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Sec. 2011. (1) An unfair method of competition and an unfair or deceptive act or practice in the business of insurance includes an insurer providing a commission or other compensation to the insurer's representative or agent for the sale or service of a disability policy or rider…
Mich. Comp. Laws § 500.2012 Unfair methods of competition or deception; combinations in restraint of trade.
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Sec. 2012. The following are defined as unfair methods of competition and unfair and deceptive acts or practices in the business of insurance: Entering into any agreement to commit, or by any concerted action committing, any act of boycott, coercion or intimidation resulting in o…
Mich. Comp. Laws § 500.2013 Violation of chapter or rule; effect.
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Sec. 2013. A violation of chapter 5 or a rule promulgated under chapter 5 is an unfair method of competition and an unfair or deceptive act or practice in the business of insurance.
Mich. Comp. Laws § 500.2013a Failure to comply with MCL 500.3107e; unfair practice; applicability to other rights.
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Sec. 2013a. (1) The failure of an insurer to materially comply with section 3107e is an unfair method of competition and an unfair or deceptive act or practice in the business of insurance. (2) This section does not affect any other right of a person under this chapter.
Mich. Comp. Laws § 500.2014 False material statement of financial condition; false entry or omission of true entry in book, report, or statement.
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Sec. 2014. Unfair methods of competition and unfair or deceptive acts or practices in the business of insurance include: (a) Filing with a supervisory or other public official, or making, publishing, disseminating, circulating, or delivering to a person, or placing before the pub…
Mich. Comp. Laws § 500.2016 Unfair methods of competition and unfair and deceptive acts or practices in business of insurance; applicability of section.
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Sec. 2016. (1) In addition to other provisions of law, the following practices as applied to worker's compensation insurance including worker's compensation coverage provided through a self-insurer's group are defined as unfair methods of competition and unfair and deceptive acts…
Mich. Comp. Laws § 500.2017 Unfair methods of competition or deception; illegal inducements.
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Sec. 2017. The following are defined as unfair methods of competition and unfair and deceptive acts or practices in the business of insurance: Issuing or delivering or permitting agents, officers, or employees to issue or deliver, agency company stock or other capital stock, or b…
Mich. Comp. Laws § 500.2018 False or fraudulent statements or representations as to application for insurance policy.
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Sec. 2018. An unfair method of competition and an unfair or deceptive act or practice in the business of insurance include making false or fraudulent statements or representations on or relative to an application for an insurance policy for the purpose of obtaining a fee, commiss…
Mich. Comp. Laws § 500.2019 Unfair methods of competition or deception; unfair discrimination in life insurance.
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Sec. 2019. The following are defined as unfair methods of competition and unfair and deceptive acts or practices in the business of insurance: Making or permitting any unfair discrimination between individuals of the same class and equal expectation of life in the rates charged f…
Mich. Comp. Laws § 500.202 Insurance commissioner; qualifications, office, term, appointment, approval, vacancy.
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Sec. 202. (1) The chief officer of the department shall be known as the commissioner of insurance. He shall be a citizen of this state, shall have his office at the seat of government, shall personally superintend the duties of his office, and shall not be a stockholder or direct…
Mich. Comp. Laws § 500.2020 Unfair methods of competition or deception; unfair discrimination in accident or health insurance.
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Sec. 2020. The following are defined as unfair methods of competition and unfair and deceptive acts or practices in the business of insurance: Making or permitting any unfair discrimination between individuals of the same class and of essentially the same hazard in the amount of …
Mich. Comp. Laws § 500.2021 Failure to furnish insured rate information upon request; unfair method of competition and unfair or deceptive act or practice in business of insurance; exception.
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Sec. 2021. An unfair method of competition and an unfair or deceptive act or practice in the business of insurance includes failure by a rating organization and an insurer that makes its own rates, within a reasonable time after receiving written request for the information and o…
Mich. Comp. Laws § 500.2023 Automatic insurance on debtor contracting credit.
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Sec. 2023. It is an unfair method of competition and an unfair or deceptive act or practice in the business of insurance for an insurer, unless required by law or statutory administrative rule or unless provided for by contract, to automatically write insurance on a debtor who ha…