Bill Text: MI SB0071 | 2011-2012 | 96th Legislature | Introduced


Bill Title: Insurance; insurers; requirement for insurers to deal fairly and in good faith with individuals claiming benefits; provide for. Amends 1956 PA 218 (MCL 500.100 - 500.8302) by adding secs. 2203, 3149, 3400a, 3501a, 3600a, 4003 & 4403.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2011-01-26 - Referred To Committee On Insurance [SB0071 Detail]

Download: Michigan-2011-SB0071-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 71

 

 

January 26, 2011, Introduced by Senators ANDERSON, BIEDA, GREGORY, JOHNSON, YOUNG and HOPGOOD and referred to the Committee on Insurance.

 

 

 

     A bill to amend 1956 PA 218, entitled

 

"The insurance code of 1956,"

 

(MCL 500.100 to 500.8302) by adding sections 2203, 3149, 3400a,

 

3501a, 3600a, 4003, and 4403.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2203. An insurer obligated to pay benefits or claims

 

under a property and casualty insurance policy has a duty to deal

 

fairly and in good faith with an insured claiming the benefits. An

 

insurer that breaches this duty to deal fairly and in good faith is

 

liable for compensatory, consequential, and exemplary damages

 

proximately caused by the breach.

 

     Sec. 3149. An insurer obligated to pay benefits or claims

 

under an automobile insurance policy has a duty to deal fairly and

 

in good faith with an insured claiming the benefits. An insurer


 

that breaches this duty to deal fairly and in good faith is liable

 

for compensatory, consequential, and exemplary damages proximately

 

caused by the breach.

 

     Sec. 3400a. An insurer obligated to pay benefits or claims

 

under a policy of disability insurance has a duty to deal fairly

 

and in good faith with an insured claiming the benefits. An insurer

 

that breaches this duty to deal fairly and in good faith is liable

 

for compensatory, consequential, and exemplary damages proximately

 

caused by the breach.

 

     Sec. 3501a. A health maintenance organization has a duty to

 

deal fairly and in good faith with an enrollee claiming benefits

 

under a health maintenance organization contract. A health

 

maintenance organization that breaches this duty to deal fairly and

 

in good faith is liable for compensatory, consequential, and

 

exemplary damages proximately caused by the breach.

 

     Sec. 3600a. An insurer obligated to pay benefits or claims

 

under a group disability insurance policy has a duty to deal fairly

 

and in good faith with an insured claiming the benefits. An insurer

 

that breaches this duty to deal fairly and in good faith is liable

 

for compensatory, consequential, and exemplary damages proximately

 

caused by the breach.

 

     Sec. 4003. An insurer obligated to pay benefits or claims

 

under a life insurance policy has a duty to deal fairly and in good

 

faith with any person claiming the benefits. An insurer that

 

breaches this duty to deal fairly and in good faith is liable for

 

compensatory, consequential, and exemplary damages proximately

 

caused by the breach.


 

     Sec. 4403. An insurer obligated to pay benefits or claims

 

under a group life insurance policy has a duty to deal fairly and

 

in good faith with any person claiming the benefits. An insurer

 

that breaches this duty to deal fairly and in good faith is liable

 

for compensatory, consequential, and exemplary damages proximately

 

caused by the breach.

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