2002 Senate Bill 1164 / Public Act 697

Introduced in the Senate

Feb. 28, 2002

Introduced by Sen. Willis Bullard (R-15)

To establish that personal protection benefits under no-fault auto insurance (unlimited bodily injury benefits paid for by MCCA assessments on auto insurance bills) are not payable if the injured individual is not a resident of Michigan, and is not a named insured under a no-fault auto insurance policy, his or her spouse, or a relative residing in the same household. However, the bill would also permit a nonresident to sue for economic loss that was not covered by any other benefits, which Michigan residents are not allowed (or required) to do.

Referred to the Committee on Financial Services

Nov. 12, 2002

Substitute offered by Sen. Joel Gougeon (R-34)

To replace the previous version of the bill with one which limits the medical expenses which must be paid to an injured out-of-state resident to $300,000, but allows an out-of state resident to sue for the collection of larger medical expense reimbursement. The substitute also incorporates into the bill provisions of Senate Bill 1125, which establihes that the state insurance commissioner has sole jurisdiction to determine whether an insurer has an appropriate level of excess capital and surplus.

The substitute passed by voice vote

Passed in the Senate 22 to 13 (details)

To limit the personal protection benefits under no-fault auto insurance (unlimited bodily injury benefits paid for by MCCA assessments on auto insurance bills) to $300,000 if the injured individual is not a resident of Michigan. A nonresident could sue to recover economic losses in excess of $300,000 that are not covered by any other benefits, which Michigan residents are not allowed (or required) to do. The bill also incorporates into the bill provisions of Senate Bill 1125, which establihes that the state insurance commissioner has sole jurisdiction to determine whether an insurer has an appropriate level of excess capital and surplus.

In the House

Nov. 13, 2002

Referred to the Committee on Insurance and Financial Services

Dec. 13, 2002

Amendment offered by Rep. Bob Brown (D-16)

To require insurers to lower aggregate premiums by the amount saved due to the bill.

The amendment failed by voice vote

Amendment offered by Rep. Andrew Richner (R-1)

To cap at $500,000 (rather than $300,000) the maximum liability of an insurer for bodily injury insurance claims by out-of-state residents driving their own vehicle.

The amendment passed by voice vote

Passed in the House 56 to 41 (details)

To cap at $500,000 the maximum liability of an insurer for bodily injury insurance claims by out-of-state residents driving their own vehicle. A nonresident could sue to recover economic losses in excess of $500,000 that are not covered by any other benefits, which Michigan residents are not allowed (or required) to do. (Michigan residents have unlimited bodily injury benefits paid for by MCCA assessments added to auto insurance bills.) The bill also incorporates provisions of Senate Bill 1125, which establihes that the state insurance commissioner has sole jurisdiction to determine whether an insurer has an appropriate level of excess capital and surplus.

Received in the Senate

Dec. 13, 2002

Passed in the Senate 21 to 7 (details)

To concur with the House-passed version of the bill.

Signed by Gov. John Engler

Dec. 30, 2002