Mich. Comp. Laws » Michigan Compiled Laws / Chapter 500 / Act 218 of 1956

Mich. Comp. Laws § 500.134

Validity of certificate of authority or license in force prior to January 1, 1957; validity of plan of operation and premium or assessment; association or facility not state agency and money thereof not state money; records exempt from disclosure; premium or assessment not burden under MCL 500.476a; “association or facility” defined.

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THE INSURANCE CODE OF 1956


Act 218 of 1956


500.134 Validity of certificate of authority or license in force prior to January 1, 1957; validity of plan of operation and premium or assessment; association or facility not state agency and money thereof not state money; records exempt from disclosure; premium or assessment not burden under MCL 500.476a; “association or facility” defined.

Sec. 134.

    (1)  Every certificate of authority or license in force immediately prior to January 1, 1957 and existing under any act repealed by this act is valid until its original expiration date, unless earlier terminated in accordance with this act.

    (2) Any plan of operation adopted by an association or facility, and any premium or assessment levied against an insurer member of that association or facility, is hereby validated retroactively to the date of its original adoption or levy and shall continue in force and effect according to the terms of the plan of operation, premium, or assessment until otherwise changed by the commissioner or the board of directors of the association or facility pursuant to this act.

    (3) An association or facility or the board of directors of the association or facility is not a state agency and the money of an association or facility is not state money.

    (4) A record of an association or facility shall be exempted from disclosure pursuant to section 13 of the freedom of information act, Act No. 442 of the Public Acts of 1976, being section 15.243 of the Michigan Compiled Laws.

    (5) Any premium or assessment levied by an association or facility, or any premium or assessment of a similar association or facility formed under a law in force outside this state, is not a burden or special burden for purposes of a calculation under section 476a, and any premium or assessment paid to an association or facility shall not be included in determining the aggregate amount a foreign insurer pays to the commissioner under section 476a.

    (6) As used in this section, "association or facility" means an association of insurers created under this act and any other association or facility formed under this act as a nonprofit organization of insurer members, including, but not limited to, the following:

    (a) The Michigan worker's compensation placement facility created under chapter 23.

    (b) The Michigan basic property insurance association created under section 29.

    (c) The catastrophic claims association created under chapter 31.

    (d) The Michigan automobile insurance placement facility created under chapter 33.

    (e) The Michigan life and health insurance guaranty association created under chapter 77.

    (f) The property and casualty guaranty association created under chapter 79.

    (g) The assigned claims facility created under section 3171.

History: 1956, Act 218, Eff. Jan. 1, 1957 ;-- Am. 1988, Act 349, Imd. Eff. Nov. 15, 1988 ;-- Am. 1990, Act 256, Imd. Eff. Oct. 15, 1990

Compiler's Notes:

    Section 2 of Act 349 of 1988 provides:

    The amendment to section 134 of Act No. 218 of the Public Acts of 1956, being section 500.134 of the Michigan Compiled Laws, pursuant to this amendatory act is intended to codify, approve, and validate the actions and long-standing practices taken by the associations and facilities mentioned in this amendatory act retroactively to the time of their original creation. It is the intent of this amendatory act to rectify the misconstruction of the applicability of the administrative procedures act of 1969 by the court of appeals in League General Insurance Company v Catastrophic Claims Association, Case No. 93744, December 21, 1987, with respect to the imposition of rule promulgation requirements on the catastrophic claims association as a state agency, and to further assure that the associations and facilities mentioned in this amendatory act, and their respective boards of directors, shall not hereafter be treated as a state agency or public body."

PopularName Notes:

Act 218

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Essential Insurance
Notes of Decisions
Cited in 15 cases, 1997–2019 · leading case: Coalition Protecting Auto No-Fault v. Michigan Catastrophic Claims Ass'n
Sort: Relevance Newest Treatment
Coalition Protecting Auto No-Fault v. Michigan Catastrophic Claims Ass'n (2016) michctapp · cites it 94× “The MCCA declined CPAN’s request, asserting that it was “ ‘expressly exempted from FOIA requests’ by MCL 500.134,” specifically citing MCL 500.”
Coalition Protecting Auto No-Fault v. Michigan Catastrophic Claims Ass'n (2014) michctapp · cites it 36× “The MCCA refused to disclose the information, claiming in a letter that it was “expressly exempted from FOIA requests” by MCL 500.134, which provides in pertinent part: *305 (4) A record of an association or facility shall be exempted from disclosure pursuant to section 13 of…”
Tig Premier Insur Co v. Dept of Treasury (2001) mich · cites it 5× “Indeed, if another state had facilities and associations that paralleled the facilities and associations mentioned in MCL 500.134, then any retaliatory tax that insurers from the other state may owe Michigan would not be affected by 1988 PA 349 at all.”
Commerce & Industry Insurance v. Department of Treasury (2013) michctapp · cites it 17× “Accordingly, MCL 500.134 reads, in relevant part: (5) Any premium or assessment levied by an association or facility, or any premium or assessment of a similar association or facility formed under a law in force outside this state, is not a burden or special burden for purposes…”
American States Insurance v. Department of Treasury (1997) michctapp “In computing plaintiffs’ Michigan tax burden for those tax years, assessments for the Michigan Assigned Claims Facility were excluded under § 134(6)(g) of the Insurance Code, MCL 500.134(6)(g); MSA 24.1134(6)(g). Late in 1992, the Court of Claims determined that this subsection…”
Tig Insurance v. Department of Treasury (1999) michctapp · cites it 9× “4 The resultant statutory provisions, MCL 500.134(5) and (6); MSA 24.1134(5) and (6), provide that payments to the enumerated facilities may not be considered “burdens or special burdens” for purposes of computing retaliatory tax liability: (5) Any premium or assessment levied…”
Coalition Protecting Auto No-Fault v. Michigan Catastrophic Claims Ass'n (2016) mich · cites it 2× “305(H)(1), in lieu of granting leave to appeal, we vacate that part of the Court of Appeals opinion holding that MCL 500.134(4) does not violate art 4, § 25 of the Michigan Constitution.”
Prudential Property & Casualty Co. v. Department of Treasury (2006) michctapp · cites it 11× “See TIG, supra at 560-561; MCL 500.134(5). Nevertheless, according to defendant’s position, PIC would not be allowed to claim New Jersey’s association-fee credit for its hypothetical twin, because the New Jersey credit is actually available only for payments to New Jersey…”
Coalition Protecting Auto No-Fault v. McCa (2016) michctapp · cites it 6× “The act’s preamble states that it was intended “to regulate the incorporation or formation of domestic insurance and surety companies and associations” and to “provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations…”
Spectrum Health Hospitals v. Michigan Assigned Claims Plan (2019) michctapp · cites it 2× “MCL 500.134(4). After the passage of 2012 PA 204 , the insurers tasked with covering losses under the MACP indirectly controlled the administration of the MACP through their control of the MAIPF.”
Tig Insurance Co Inc v. Department of Treasury (2001) mich · cites it 2× “] [MCL 500.134(5), (6).][1] Hence, payments to these and other similar facilities are not part of the Michigan burden on foreign insurers, and such payments required by other states cannot be considered part of those states’ burden when calculating retaliatory taxes.”
Coalition Protecting Auto No-Fault v. McCa (2015) mich · cites it 2× “305(H)(1), in lieu of granting leave to appeal, we VACATE that part of the Court of Appeals opinion holding that MCL 500.134(4) does not violate art 4, § 25 of the Michigan Constitution.”
Show all 15 citing cases →
— Mich. Comp. Laws § 500.134(3) — 1 case
Coalition Protecting Auto No-Fault v. Michigan Catastrophic Claims Ass'n (2016) michctapp “The MCCA declined CPAN’s request, asserting that it was “ ‘expressly exempted from FOIA requests’ by MCL 500.134,” specifically citing MCL 500.”
— Mich. Comp. Laws § 500.134(4) — 7 cases
Coalition Protecting Auto No-Fault v. Michigan Catastrophic Claims Ass'n (2016) michctapp “The MCCA declined CPAN’s request, asserting that it was “ ‘expressly exempted from FOIA requests’ by MCL 500.134,” specifically citing MCL 500.”
Coalition Protecting Auto No-Fault v. Michigan Catastrophic Claims Ass'n (2014) michctapp “The MCCA refused to disclose the information, claiming in a letter that it was “expressly exempted from FOIA requests” by MCL 500.134, which provides in pertinent part: *305 (4) A record of an association or facility shall be exempted from disclosure pursuant to section 13 of…”
Coalition Protecting Auto No-Fault v. Michigan Catastrophic Claims Ass'n (2016) mich “305(H)(1), in lieu of granting leave to appeal, we vacate that part of the Court of Appeals opinion holding that MCL 500.134(4) does not violate art 4, § 25 of the Michigan Constitution.”
Coalition Protecting Auto No-Fault v. McCa (2016) michctapp “The act’s preamble states that it was intended “to regulate the incorporation or formation of domestic insurance and surety companies and associations” and to “provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations…”
Coalition Protecting Auto No-Fault v. McCa (2015) mich “305(H)(1), in lieu of granting leave to appeal, we VACATE that part of the Court of Appeals opinion holding that MCL 500.134(4) does not violate art 4, § 25 of the Michigan Constitution.”
— Mich. Comp. Laws § 500.134(5) — 5 cases
Tig Premier Insur Co v. Dept of Treasury (2001) mich “Indeed, if another state had facilities and associations that paralleled the facilities and associations mentioned in MCL 500.134, then any retaliatory tax that insurers from the other state may owe Michigan would not be affected by 1988 PA 349 at all.”
Commerce & Industry Insurance v. Department of Treasury (2013) michctapp “Accordingly, MCL 500.134 reads, in relevant part: (5) Any premium or assessment levied by an association or facility, or any premium or assessment of a similar association or facility formed under a law in force outside this state, is not a burden or special burden for purposes…”
Tig Insurance v. Department of Treasury (1999) michctapp “4 The resultant statutory provisions, MCL 500.134(5) and (6); MSA 24.1134(5) and (6), provide that payments to the enumerated facilities may not be considered “burdens or special burdens” for purposes of computing retaliatory tax liability: (5) Any premium or assessment levied…”
Prudential Property & Casualty Co. v. Department of Treasury (2006) michctapp “See TIG, supra at 560-561; MCL 500.134(5). Nevertheless, according to defendant’s position, PIC would not be allowed to claim New Jersey’s association-fee credit for its hypothetical twin, because the New Jersey credit is actually available only for payments to New Jersey…”
Tig Insurance Co Inc v. Department of Treasury (2001) mich “] [MCL 500.134(5), (6).][1] Hence, payments to these and other similar facilities are not part of the Michigan burden on foreign insurers, and such payments required by other states cannot be considered part of those states’ burden when calculating retaliatory taxes.”
— Mich. Comp. Laws § 500.134(6) — 4 cases
Coalition Protecting Auto No-Fault v. Michigan Catastrophic Claims Ass'n (2016) michctapp “The MCCA declined CPAN’s request, asserting that it was “ ‘expressly exempted from FOIA requests’ by MCL 500.134,” specifically citing MCL 500.”
Coalition Protecting Auto No-Fault v. Michigan Catastrophic Claims Ass'n (2014) michctapp “The MCCA refused to disclose the information, claiming in a letter that it was “expressly exempted from FOIA requests” by MCL 500.134, which provides in pertinent part: *305 (4) A record of an association or facility shall be exempted from disclosure pursuant to section 13 of…”
Commerce & Industry Insurance v. Department of Treasury (2013) michctapp “Accordingly, MCL 500.134 reads, in relevant part: (5) Any premium or assessment levied by an association or facility, or any premium or assessment of a similar association or facility formed under a law in force outside this state, is not a burden or special burden for purposes…”
Tig Insurance v. Department of Treasury (1999) michctapp “4 The resultant statutory provisions, MCL 500.134(5) and (6); MSA 24.1134(5) and (6), provide that payments to the enumerated facilities may not be considered “burdens or special burdens” for purposes of computing retaliatory tax liability: (5) Any premium or assessment levied…”
— Mich. Comp. Laws § 500.134(6)(a) — 1 case
Commerce & Industry Insurance v. Department of Treasury (2013) michctapp “Accordingly, MCL 500.134 reads, in relevant part: (5) Any premium or assessment levied by an association or facility, or any premium or assessment of a similar association or facility formed under a law in force outside this state, is not a burden or special burden for purposes…”
— Mich. Comp. Laws § 500.134(6)(d) — 1 case
Spectrum Health Hospitals v. Michigan Assigned Claims Plan (2019) michctapp “MCL 500.134(4). After the passage of 2012 PA 204 , the insurers tasked with covering losses under the MACP indirectly controlled the administration of the MACP through their control of the MAIPF.”
— Mich. Comp. Laws § 500.134(6)(g) — 1 case
American States Insurance v. Department of Treasury (1997) michctapp “In computing plaintiffs’ Michigan tax burden for those tax years, assessments for the Michigan Assigned Claims Facility were excluded under § 134(6)(g) of the Insurance Code, MCL 500.134(6)(g); MSA 24.1134(6)(g). Late in 1992, the Court of Claims determined that this subsection…”
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