Bill Text: MI HB4640 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: Insurance; no-fault; priority for personal protection insurance coverage for passengers in certain vehicles; add passengers riding in a transportation network company vehicle. Amends sec. 3114 of 1956 PA 218 (MCL 500.3114).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2016-12-28 - Assigned Pa 347'16 With Immediate Effect [HB4640 Detail]
Download: Michigan-2015-HB4640-Engrossed.html
HB-4640, As Passed House, June 17, 2015
SUBSTITUTE FOR
HOUSE BILL NO. 4640
A bill to amend 1956 PA 218, entitled
"The insurance code of 1956,"
by amending section 3114 (MCL 500.3114), as amended by 2002 PA 38.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3114. (1) Except as provided in subsections (2), (3), and
(5), a personal protection insurance policy described in section
3101(1) applies to accidental bodily injury to the person named in
the policy, the person's spouse, and a relative of either domiciled
in the same household, if the injury arises from a motor vehicle
accident. A personal injury insurance policy described in section
3103(2) applies to accidental bodily injury to the person named in
the policy, the person's spouse, and a relative of either domiciled
in the same household, if the injury arises from a motorcycle
accident.
When If personal protection insurance benefits or
personal injury benefits described in section 3103(2) are payable
to or for the benefit of an injured person under his or her own
policy and would also be payable under the policy of his or her
spouse, relative, or relative's spouse, the injured person's
insurer shall pay all of the benefits and is not entitled to
recoupment from the other insurer.
(2) A person suffering accidental bodily injury while an
operator or a passenger of a motor vehicle operated in the business
of transporting passengers shall receive the personal protection
insurance benefits to which the person is entitled from the insurer
of the motor vehicle. This subsection does not apply to a passenger
in
any of the following, unless that the passenger
is not entitled
to personal protection insurance benefits under any other policy:
(a) A school bus, as defined by the department of education,
providing transportation not prohibited by law.
(b) A bus operated by a common carrier of passengers certified
by the department of transportation.
(c) A bus operating under a government sponsored
transportation program.
(d) A bus operated by or providing service to a nonprofit
organization.
(e) A taxicab insured as prescribed in section 3101 or 3102.
(f) A bus operated by a canoe or other watercraft, bicycle, or
horse livery used only to transport passengers to or from a
destination point.
(g) A motor vehicle insured under section 3101 or 3102 while
the vehicle is being operated by a transportation network company
House Bill No. 4640 as amended June 16, 2015
driver [while the driver is logged on to the transportation network
company's digital network or while the driver is engaged in a prearranged
ride.]
(3) An employee, his or her spouse, or a relative of either
domiciled in the same household, who suffers accidental bodily
injury while an occupant of a motor vehicle owned or registered by
the employer, shall receive personal protection insurance benefits
to which the employee is entitled from the insurer of the furnished
vehicle.
(4) Except as provided in subsections (1) to (3), a person
suffering accidental bodily injury arising from a motor vehicle
accident while an occupant of a motor vehicle shall claim personal
protection insurance benefits from insurers in the following order
of priority:
(a) The insurer of the owner or registrant of the vehicle
occupied.
(b) The insurer of the operator of the vehicle occupied.
(5) A person suffering accidental bodily injury arising from a
motor
vehicle accident which that
shows evidence of the involvement
of a motor vehicle while an operator or passenger of a motorcycle
shall claim personal protection insurance benefits from insurers in
the following order of priority:
(a) The insurer of the owner or registrant of the motor
vehicle involved in the accident.
(b) The insurer of the operator of the motor vehicle involved
in the accident.
(c) The motor vehicle insurer of the operator of the
motorcycle involved in the accident.
(d) The motor vehicle insurer of the owner or registrant of
the motorcycle involved in the accident.
(6) If 2 or more insurers are in the same order of priority to
provide personal protection insurance benefits under subsection
(5), an insurer paying benefits due is entitled to partial
recoupment from the other insurers in the same order of priority,
together
with and a reasonable amount of partial recoupment of the
expense of processing the claim, in order to accomplish equitable
distribution of the loss among all of the insurers.
(7) As used in this section, "transportation network company"
and "transportation network company driver" mean those terms as
defined in section 3 of the transportation network company act.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless House Bill No. 4637 of the 98th Legislature is enacted into
law.
