THE INSURANCE CODE OF 1956
Act 218 of 1956
500.202 Insurance commissioner; qualifications, office, term, appointment, approval, vacancy.
Sec. 202.
(1) The chief officer of the department shall be known as the commissioner of insurance. He shall be a citizen of this state, shall have his office at the seat of government, shall personally superintend the duties of his office, and shall not be a stockholder or directly or indirectly connected with the management of affairs of any insurer. He shall be appointed by the governor for a term of 4 years by and with the consent of the senate.
(2) Whenever a vacancy occurs in the office of commissioner by reason of death, removal, or otherwise, the governor shall fill such vacancy by appointment, by and with the advice and consent of the senate, if in session.
History: 1956, Act 218, Eff. Jan. 1, 1957
Compiler's Notes:
For transfer of the Department of Insurance and Office of the Commissioner on Insurance from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws.
TransferOfPowers Notes:
See MCL 16.732.
PopularName Notes:
Act 218
Notes of Decisions
Michigan Basic Prop. Ins. v. Off. of Fin. & Ins. Reg., 288 Mich. App. 552 (Mich. Ct. App. 2010).
· cites it 2× “MCL 500.202. The purpose of the office is to supervise the business of insurance, and the Legislature *562 gave the insurance commissioner very large powers and assumed that the commissioner had the qualifications to assess issues affecting the industry.”
Ross v. Blue Care Network of Michigan, 747 N.W.2d 828 (Mich. 2008).
· cites it 2× “[24] An example of a recommendation that would be contrary to the terms of coverage would be an IRO's determination that mental-health services were medically necessary when the plan excluded coverage for mental-health services.”
Blue Cross & Blue Shield v. Governor, 367 N.W.2d 1 (Mich. 1985).
“MCL 500.202; MSA 24.1202. The individual appointee must meet certain criteria: In appointing an independent hearing officer, the commissioner shall select a person qualified to conduct hearings, who has experience or education in the area of health care corporation or insurance…”
Comm'r of Ins. v. Advisory Bd. of the Michigan State Accident Fund, 434 N.W.2d 433 (Mich. Ct. App. 1988).
“Defendants also argue that the conclusion that the Accident Fund is an agency subject to the supervision of the Commissioner of Insurance violates the provisions of MCL 500.202; MSA 24.1202, which provides that the Commissioner of Insurance "shall not be a stockholder or…”
Attorney Gen. v. Am. Way Life Ins., 465 N.W.2d 56 (Mich. Ct. App. 1991).
“1210, provides the commissioner with the power to promulgate rules and regulations "as he may deem necessary to effectuate the purposes and to execute and enforce the provisions of the insurance laws of this state” in accordance with the Administrative Procedures Act, MCL 24.”
Auto Club Ins. v. Comm'r of Ins., 376 N.W.2d 150 (Mich. Ct. App. 1985).
“) The Commissioner of Insurance, as chief officer of the Insurance Bureau, MCL 500.202(1); MSA 24.1202(1), is statutorily charged with the enforcement of the insurance laws of this state.”
— Mich. Comp. Laws § 500.202(1) — 1 case
Auto Club Ins. v. Comm'r of Ins., 376 N.W.2d 150 (Mich. Ct. App. 1985).
“) The Commissioner of Insurance, as chief officer of the Insurance Bureau, MCL 500.202(1); MSA 24.1202(1), is statutorily charged with the enforcement of the insurance laws of this state.”
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