Bill Text: MI HB4400 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Vehicles; buses; insurance; revise requirements to reflect elimination of no-fault insurance. Amends secs. 19, 21 & 23 of 2016 PA 345 (MCL 257.2119 et seq.). TIE BAR WITH: HB 4397'19
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2019-03-20 - Bill Electronically Reproduced 03/20/2019 [HB4400 Detail]
Download: Michigan-2019-HB4400-Introduced.html
HOUSE BILL No. 4400
March 19, 2019, Introduced by Reps. Miller, Bellino, LaFave, Kahle and Sheppard and referred to the Committee on Insurance.
A bill to amend 2016 PA 345, entitled
"Limousine, taxicab, and transportation network company act,"
by amending sections 19, 21, and 23 (MCL 257.2119, 257.2121, and
257.2123).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
19. (1) A limousine carrier shall acquire the following
bodily injury and property damage liability insurance coverage for
acts
or omissions of the applicant as a limousine carrier :
(a)
Bodily injury and property damage liability insurance with
a minimum combined single limit of $1,000,000.00 for all persons
injured or for property damage.
(2) (b)
Personal protection insurance and property protection
insurance
as required by chapter 31 of the insurance code of 1956,
1956
PA 218, MCL 500.3101 to 500.3179. A
limousine carrier shall
maintain the insurance described in this section as a condition of
maintaining a license issued under this act.
Sec.
21. A taxicab carrier shall acquire all of the following
bodily injury and property damage liability insurance coverage for
acts
or omissions of the applicant as a taxicab carrier :
(a)
Bodily injury and property damage liability insurance with
a minimum combined single limit of $300,000.00 for all persons
injured or for property damage.
(b)
Personal protection insurance and property protection
insurance
as required by chapter 31 of the insurance code of 1956,
1956
PA 218, MCL 500.3101 to 500.3179.
Sec.
23. (1) Beginning on the effective date of this act,
March 21, 2017, a transportation network company driver, or a
transportation network company on a transportation network company
driver's behalf, shall maintain primary automobile insurance on a
personal vehicle that recognizes that the transportation network
company driver uses the vehicle as a transportation network company
driver or otherwise uses a vehicle to transport passengers for
compensation and covers the transportation network company driver
while he or she is logged on to the transportation network
company's digital network or while he or she is engaged in a
transportation network company prearranged ride.
(2) During the time that a transportation network company
driver is logged on to the transportation network company's digital
network and is available to receive transportation requests but is
not engaged in a transportation network company prearranged ride,
all
of the following types of automobile insurance are required:
(a)
Residual third party automobile liability insurance as
required
under that complies with section 3101 3009 of the
insurance
code of 1956, 1956 PA 218, MCL 500.3101, 500.3009, in the
amount of at least $50,000.00 per person for death or bodily
injury, $100,000.00 per incident for death or bodily injury, and
$25,000.00 for property damage is required.
(b)
Personal protection insurance and property protection
insurance
in the amounts and of the types of coverage required by
chapter
31 of the insurance code of 1956, 1956 PA 218, MCL 500.3101
to
500.3179.
(3) During the time that a transportation network company
driver is engaged in a transportation network company prearranged
ride,
all of the following types of automobile insurance are
required:
(a)
Residual third party automobile liability insurance that
complies with section 3009 of the insurance code of 1956, 1956 PA
218, MCL 500.3009, with a minimum combined single limit of
$1,000,000.00 for all bodily injury or property damage is required.
(b)
Personal protection insurance and property protection
insurance
in the amounts and of the types of coverage required by
chapter
31 of the insurance code of 1956, 1956 PA 218, MCL 500.3101
to
500.3179.
(4) The requirements of subsections (2) and (3) may be
satisfied by automobile insurance maintained by a transportation
network company driver or a transportation network company, or a
combination of both.
(5) If the insurance required by subsection (2) or (3) lapses
or does not provide the required coverage, insurance maintained by
a
transportation network company shall must provide the coverage
required by this section, beginning with the first $1.00 of a
claim, and the transportation network company's insurer shall
defend the claim.
(6) Coverage provided under an automobile insurance policy
maintained
by a transportation network company shall must not be
dependent
upon on a personal automobile insurer denying the claim
first and shall not require a personal automobile insurer to deny
the claim first.
(7) All of the following apply to the automobile insurance
described in subsections (2) and (3):
(a) It may be placed with an insurer licensed under chapter 4
of the insurance code of 1956, 1956 PA 218, MCL 500.402 to 500.480,
or, if the insurance is maintained by a transportation network
company, an eligible unauthorized insurer under chapter 19 of the
insurance code of 1956, 1956 PA 218, MCL 500.1901 to 500.1955.
(b) The insurance policy satisfies the financial
responsibility requirements described in chapter V of the Michigan
vehicle code, 1949 PA 300, MCL 257.501 to 257.532.
(8) A transportation network company driver shall carry proof
of the insurance required under subsections (2) and (3) with him or
her at all times during his or her use of a personal vehicle in
connection with a transportation network company's digital network.
The transportation network company driver may provide proof of
insurance by a paper or electronic copy of the certificate of
insurance. If an accident occurs during the time that a
transportation network company driver is using a personal vehicle
in connection with a transportation network company's digital
network, he or she shall provide all of the following information
upon request to directly interested parties, automobile insurers,
and investigating law enforcement officers as required under
section 328 of the Michigan vehicle code, 1949 PA 300, MCL 257.328:
(a) Insurance coverage information.
(b) Whether he or she was logged on to the transportation
network company's digital network or on a transportation network
company prearranged ride at the time of the accident.
(9) If a transportation network company's insurer makes a
payment for a claim covered under comprehensive coverage or
collision coverage, the transportation network company's insurer
shall issue the payment directly to the business repairing the
vehicle or jointly to the owner of the vehicle and the primary
lienholder on the vehicle.
(10) A transportation network company shall disclose all of
the following information in writing to a transportation network
company
driver before that the transportation network company
driver may accept a request for a transportation network company
prearranged
ride on that the transportation network company's
digital network:
(a) The insurance coverage, including the types of coverage
and limits for each type of coverage, that the transportation
network company provides while the transportation network company
driver uses a personal vehicle in connection with the
transportation network company's digital network.
(b) That, depending on the terms of the policy, the
transportation network company driver's personal automobile
insurance policy might not provide coverage while the
transportation network company driver is logged on to the
transportation network company's digital network or is engaged in a
prearranged ride.
Enacting section 1. This amendatory act takes effect January
1, 2020.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. ____ or House Bill No. 4397 (request no.
00650'19) of the 100th Legislature is enacted into law.
