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

Mich. Comp. Laws § 500.2113

Private informal managerial-level conference with insurer; internal procedures; review and determination by commissioner; procedure for determination; hearing matter as contested case.

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THE INSURANCE CODE OF 1956


Act 218 of 1956


500.2113 Private informal managerial-level conference with insurer; internal procedures; review and determination by commissioner; procedure for determination; hearing matter as contested case.

Sec. 2113.

    (1)  A person who has reason to believe that an insurer has improperly denied him or her automobile insurance or home insurance or has charged an incorrect premium for that insurance shall be entitled to a private informal managerial-level conference with the insurer and to a review before the commissioner, if the conference fails to resolve the dispute.

    (2) An insurer shall establish reasonable internal procedures to provide a person with a private informal managerial-level conference regarding the matters described in subsection (1). These procedures shall include all of the following:

    (a) A method of providing the person, upon request and payment of a reasonable copying charge, with information pertinent to the denial of insurance or to the premium charged.

    (b) A method for resolving the dispute promptly and informally, while protecting the interests of both the person and the insurer.

    (3) If the insurer fails to provide a conference and proposed resolution within 30 days after a request by a person, or if the person disagrees with the proposed resolution of the insurer after completion of the conference, the person shall be entitled to a determination of the matter by the commissioner.

    (4) The commissioner shall by rule establish a procedure for determination under this section, which shall be reasonably calculated to resolve these matters informally and as rapidly as possible, while protecting the interests of both the person and the insurer.

    (5) If either the insurer or the person disagrees with a determination of the commissioner under this section, the commissioner, if requested to do so by either party, shall proceed to hear the matter as a contested case under Act No. 306 of the Public Acts of 1969, as amended.

History: Add. 1979, Act 145, Eff. Jan. 1, 1981

PopularName Notes:

Act 218

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Essential Insurance

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No-Fault Insurance
Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1983–2021 · leading case: McLiechey v. Bristol West Insurance
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McLiechey v. Bristol West Insurance (2006) miwd · cites it 2× “§ 500.2113(1). Any party who disagrees with the Commissioner’s determination can request that the matter be heard by the Commissioner as a contested *519 case.”
League General Insurance v. Michigan Catastrophic Claims Ass'n (1990) mich “MCL 500.2113; MSA 24.12113. It is obvious that the Legislature intended the Commissioner of Insurance to be involved in the mcca.”
Flumignan v. Detroit Automobile Inter-Insurance Exchange (1983) michctapp · cites it 2× “MCL 500.2113(2); MSA 24.12113(2). If the informal conference procedure is not completed within 30 days of notice of nonrenewal or if the insured is dissatisfied with the insurer’s decision after the conference, the insured may appeal the decision to the insurance commissioner.”
Drakes Collision, Inc. v. Auto Club Group Insurance Company (2020) mied · cites it 7× “Laws § 500.2113 (1), to find that the legislature did not intend to create a private cause of action, McLiechy, 474 F.”
Michael E McCartha v. State Farm Fire and Casualty Company (2016) michctapp · cites it 3× “The crux of plaintiff’s allegation is that his insurance was terminated because of the false and unsubstantiated statements State Farm’s claims representative knowingly made, in bad faith, to its underwriters regarding the condition of his property. Plaintiff could have…”
Peatross v. Liberty Mutual Personal Insurance Company (2021) mied · cites it 2× “” See Mich. Comp. Laws § 500.2113 (1); see also Clark v.”
— Mich. Comp. Laws § 500.2113(1) — 3 cases
McLiechey v. Bristol West Insurance (2006) miwd “§ 500.2113(1). Any party who disagrees with the Commissioner’s determination can request that the matter be heard by the Commissioner as a contested *519 case.”
Michael E McCartha v. State Farm Fire and Casualty Company (2016) michctapp “The crux of plaintiff’s allegation is that his insurance was terminated because of the false and unsubstantiated statements State Farm’s claims representative knowingly made, in bad faith, to its underwriters regarding the condition of his property. Plaintiff could have…”
Drakes Collision, Inc. v. Auto Club Group Insurance Company (2020) mied “Laws § 500.2113 (1), to find that the legislature did not intend to create a private cause of action, McLiechy, 474 F.”
— Mich. Comp. Laws § 500.2113(2) — 1 case
Flumignan v. Detroit Automobile Inter-Insurance Exchange (1983) michctapp “MCL 500.2113(2); MSA 24.12113(2). If the informal conference procedure is not completed within 30 days of notice of nonrenewal or if the insured is dissatisfied with the insurer’s decision after the conference, the insured may appeal the decision to the insurance commissioner.”
— Mich. Comp. Laws § 500.2113(3) — 1 case
Flumignan v. Detroit Automobile Inter-Insurance Exchange (1983) michctapp “MCL 500.2113(2); MSA 24.12113(2). If the informal conference procedure is not completed within 30 days of notice of nonrenewal or if the insured is dissatisfied with the insurer’s decision after the conference, the insured may appeal the decision to the insurance commissioner.”
— Mich. Comp. Laws § 500.2113(5) — 2 cases
McLiechey v. Bristol West Insurance (2006) miwd “§ 500.2113(1). Any party who disagrees with the Commissioner’s determination can request that the matter be heard by the Commissioner as a contested *519 case.”
Michael E McCartha v. State Farm Fire and Casualty Company (2016) michctapp “The crux of plaintiff’s allegation is that his insurance was terminated because of the false and unsubstantiated statements State Farm’s claims representative knowingly made, in bad faith, to its underwriters regarding the condition of his property. Plaintiff could have…”
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