Bill Text: MI SB0528 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Insurance; no-fault; motorcycle accidents; revise priority for receiving PIP benefits. Amends sec. 3114 of 1956 PA 218 (MCL 500.3114).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-09-17 - Referred To Committee On Insurance And Banking [SB0528 Detail]
Download: Michigan-2019-SB0528-Introduced.html
SENATE BILL NO. 528
September 17, 2019, Introduced by Senator
LUCIDO and referred to the Committee on Insurance and Banking.
A bill to amend 1956 PA 218, entitled
"The insurance code of 1956,"
by amending section 3114 (MCL 500.3114), as amended by 2019 PA 21.
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 up to the coverage level applicable under
section 3107c to the injured person's policy, and is not entitled to recoupment
from the other insurer.
(2) A person 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.
(h) A motor vehicle insured
under a policy for which the person named in the policy has elected to not
maintain coverage for personal protection insurance benefits under section
3107d or as to which an exclusion under section 3109a(2) applies.
(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 (2) and (3), a person who suffers accidental bodily injury arising
from a motor vehicle accident while an occupant of a motor vehicle who is not
covered under a personal protection insurance policy as provided in subsection
(1) shall claim personal protection insurance benefits under the assigned
claims plan under sections 3171 to 3175. This subsection does not apply to a
person insured under a policy for which the person named in the policy has
elected to not maintain coverage for personal protection insurance benefits
under section 3107d or as to which an exclusion under section 3109(2) 3109a(2) applies, or who is not entitled
to be paid personal protection benefits under section 3107d(6)(c) or
3109a(2)(d)(ii).
(5) Subject
to subsections (6) and (7), a A person 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.
(6) If an applicable insurance policy in an order of priority
under subsection (5) is a policy for which the person named in the policy has
elected to not maintain coverage for personal protection insurance benefits
under section 3107d, or as to which an exclusion under section 3109(2) applies,
the injured person shall claim benefits only under other policies, subject to
subsection (7), in the same order of priority for which no such election has
been made. If there are no other policies for which no such election has been
made, the injured person shall claim benefits under the next order of priority
or, if there is not a next order of priority, under the assigned claims plan
under sections 3171 to 3175.
(7) If personal protection insurance benefits are payable
under subsection (5) under 2 or more insurance policies in the same order of
priority, the benefits are only payable up to an aggregate coverage limit that
equals the highest available coverage limit under any 1 of the policies.
(6) (8) Subject to subsections (6) and (7), if
If
2
or more insurers are in the same order of priority to provide personal
protection insurance benefits under subsection (5), an insurer that pays
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) (9) As used in this section:
(a) "Personal vehicle", "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.