Bill Text: MI HB6395 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Insurance: no-fault; coverage for the cleanup of certain spilled motor vehicle fluids and disposal of spill materials; provide to towing servicers. TIE BAR WITH: HB 6396'22
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-09-27 - Bill Electronically Reproduced 09/27/2022 [HB6395 Detail]
Download: Michigan-2021-HB6395-Introduced.html
HOUSE BILL NO. 6395
A bill to amend 1956 PA 218, entitled
"The insurance code of 1956,"
by amending section 3121 (MCL 500.3121), as amended by 1993 PA 290, and by adding section 3129.
the people of the state of michigan enact:
Sec. 3121. (1) Under property protection insurance, an insurer is liable to pay benefits for accidental damage to tangible property arising out of the ownership, operation, maintenance, or use of a motor vehicle as a motor vehicle subject to the provisions of this section and sections 3123 , 3125, and 3127. to 3129. However, accidental damage to tangible property does not include accidental damage to tangible property, other than the insured motor vehicle, that occurs within the course of a business of repairing, servicing, or otherwise maintaining motor vehicles.
(2) Property protection insurance benefits are due under the conditions stated in this chapter without regard to fault.
(3) Damage to tangible property consists of physical both of the following:
(a) Physical injury to or destruction of the property, and loss including, but not limited to, the deposit of debris, substances, pollutants, a vehicle, or the contents of a vehicle on a highway or the property appurtenant to the highway.
(b) Loss of use of the property so injured or destroyed.
(4) Damage to tangible property is accidental, as to a person claiming property protection insurance benefits, unless it is suffered or caused intentionally by the claimant. Even though a person knows that damage to tangible property is substantially certain to be caused by his or her act or omission, he or she does not cause or suffer such the damage intentionally if he or she acts or refrains from acting for the purpose of averting injury to any person, including himself or herself, or for the purpose of averting damage to tangible property.
(5) Property protection insurance benefits consist of the all of the following:
(a) The lesser of reasonable repair costs or replacement costs to damaged property, less depreciation. and, if
(b) If applicable, the value of loss of use. However, property
(c) If applicable, the cost of removing any of the following from the highway and appurtenant property:
(i) Solid debris.
(ii) Injurious or pollutant substances.
(iii) A vehicle.
(iv) The contents of a vehicle.
(d) Any cost of traffic warnings, detours, or other necessary safety precautions connected with the removal of anything described in subdivision (c).
(6) Property protection insurance benefits paid under 1 policy for damage to all tangible property arising from 1 accident shall must not exceed $1,000,000.00.
Sec. 3129. (1) A person that provides a service of removing and disposing of debris, substances, a vehicle, or the contents of a vehicle from the highway and appurtenant property, including, but not limited to, any cost of restoring the damaged or injured highway or appurtenant property back to its pre-accident condition or of traffic warnings, detours, or other necessary safety precautions, may claim property protection insurance benefits directly from the insurers identified in section 3125.
(2) The claim of a person under subsection (1) has priority over a claim for the cost of the services provided that is made by the governmental body with jurisdiction over the highway or an owner of the appurtenant property.
(3) A person that provides a service described in subsection (1) may bill a reasonable and customary fee for the service.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 6396 (request no. 03103'21 a) of the 101st Legislature is enacted into law.
