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MI HB4376

MI HB4376
Insurance: producers; duties of acting as a fiduciary; modify. Amends sec. 1207 of 1956 PA 218 (MCL 500.1207).


summary

Introduced
04/11/2023
In Committee
10/18/2023
Crossed Over
05/11/2023
Passed
10/24/2023
Dead
Signed/Enacted/Adopted
11/08/2023

Introduced Session

102nd Legislature

Bill Summary

AN ACT to amend 1956 PA 218, entitled ?An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker?s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,? by amending section 1207 (MCL 500.1207), as amended by 2018 PA 449.

AI Summary

This bill amends Section 1207 of the Michigan Insurance Code to modify the duties of insurance agents acting as fiduciaries. The key provisions include: (1) requiring agents to treat all premiums and return premiums as fiduciary money and segregate them from the agent's own money; (2) mandating that agents use reasonable accounting methods to record fiduciary money received; (3) prohibiting agents from accepting payment for Medicare supplemental policies in the form of a check or money order made payable to the agent instead of the insurer; and (4) allowing agents to obtain coverage through other licensed agents or risk sharing plans if they are unable to provide the full coverage requested through their own insurers. The bill also sets an effective date of 180 days after enactment.

Committee Categories

Budget and Finance, Business and Industry

Sponsors (1)

Last Action

Assigned Pa 181'23 (on 11/08/2023)

bill text


bill summary

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bill summary

Document Type Source Location
State Bill Page http://legislature.mi.gov/doc.aspx?2023-HB-4376
Fiscal Note/Analysis - Summary as Reported from Committee/Enacte http://www.legislature.mi.gov/documents/2023-2024/billanalysis/House/pdf/2023-HLA-4376-1DFF0699.pdf
BillText http://www.legislature.mi.gov/documents/2023-2024/publicact/htm/2023-PA-0181.htm
BillText http://www.legislature.mi.gov/documents/2023-2024/billenrolled/House/htm/2023-HNB-4376.htm
BillText http://www.legislature.mi.gov/documents/2023-2024/billengrossed/House/htm/2023-HEBS-4376.htm
Fiscal Note/Analysis - SUMMARY OF BILL REPORTED FROM COMMITTEE http://www.legislature.mi.gov/documents/2023-2024/billanalysis/Senate/pdf/2023-SFA-4376-F.pdf
Fiscal Note/Analysis - SUMMARY OF HOUSE-PASSED BILL IN COMMITTEE http://www.legislature.mi.gov/documents/2023-2024/billanalysis/Senate/pdf/2023-SFA-4376-L.pdf
House Substitute (H-1) http://www.legislature.mi.gov/mileg.aspx?page=CurrentVersionAmendment&cvFileName=2023-HCVBS-4376-0O338.pdf
BillText http://www.legislature.mi.gov/documents/2023-2024/billengrossed/House/htm/2023-HEBH-4376.htm
Fiscal Note/Analysis - Summary as Reported from Committee http://www.legislature.mi.gov/documents/2023-2024/billanalysis/House/pdf/2023-HLA-4376-FD0734DE.pdf
House Substitute (H-1) http://www.legislature.mi.gov/mileg.aspx?page=CurrentVersionAmendment&cvFileName=2023-HCVBS-4376-0N295.pdf
Fiscal Note/Analysis - Summary of Proposed H-1 Substitute http://www.legislature.mi.gov/documents/2023-2024/billanalysis/House/pdf/2023-HLA-4376-BC4ECB66.pdf
Fiscal Note/Analysis - Summary as Introduced http://www.legislature.mi.gov/documents/2023-2024/billanalysis/House/pdf/2023-HLA-4376-675A31CE.pdf
BillText http://www.legislature.mi.gov/documents/2023-2024/billintroduced/House/htm/2023-HIB-4376.htm
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