Bill Text: MI HB4812 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Insurance; no-fault; personal protection benefits; modify order of priority for claims by motorcyclists. Amends sec. 3114 of 1956 PA 218 (MCL 500.3114).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-07-18 - Bill Electronically Reproduced 06/26/2019 [HB4812 Detail]
Download: Michigan-2019-HB4812-Introduced.html
HOUSE BILL No. 4812
July 18, 2019, Introduced by Rep. Bolden and referred to the Committee on Insurance.
A bill to amend 1956 PA 218, entitled
"The insurance code of 1956,"
by amending section 3114 (MCL 500.3114), as amended by 2016 PA 347.
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. 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 who
suffers 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 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 transportation network company vehicle.
(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
who suffers 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 who
suffers accidental bodily injury
arising from a motor vehicle accident 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.
(a) (c)
The motor vehicle insurer of the
operator of the
motorcycle involved in the accident.
(b) (d)
The motor vehicle insurer of the
owner or registrant
of the motorcycle involved in the accident.
(c) The insurer of the operator of the motor vehicle involved
in the accident.
(d) The insurer of the owner or registrant of the motor
vehicle 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,
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:
(a)
"Personal vehicle", "prearranged ride", and
"transportation network company digital network", and
"transportation network company prearranged ride" mean those terms
as defined in section 2 of the limousine, taxicab, and
transportation network company act, 2016 PA 345, MCL 257.2102.
(b) "Transportation network company vehicle" means a personal
vehicle while the driver is logged on to the transportation network
company digital network or while the driver is engaged in a
transportation network company prearranged ride.
