THE INSURANCE CODE OF 1956
Act 218 of 1956
500.3107e Delivery of forms under MCL 500.3009, 500.3107c, 500.3107d; method of selection or election for forms.
Sec. 3107e.
(1) A form under section 3009, 3107c, or 3107d must be delivered to the applicant or named insured using 1 of the following methods:
(a) Personal delivery.
(b) First-class mail, postage prepaid.
(c) Electronic means in accordance with section 2266.
(2) A person must make a selection under section 3009 or 3107c, or an election under section 3107d in 1 of the following ways:
(a) Marking and signing a paper form.
(b) Giving verbal instructions, in person or telephonically, that the form be marked and signed on behalf of the person. To be an effective selection or election, the verbal instructions must be recorded and the recording maintained by the person to whom the instructions were given. If there is a dispute over the effectiveness of a selection or election under this subdivision, there is a presumption that the selection or election was not effective and the insurer has the burden of rebutting the presumption with the recording.
(c) Electronically marking the form and providing an electronic signature as provided in the uniform electronic transactions act, 2000 PA 305, MCL 450.831 to 450.849.
History: Add. 2019, Act 21, Imd. Eff. June 11, 2019
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Act 218
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Essential Insurance
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No-Fault Insurance
Notes of Decisions
Bronson Health Care Grp. Inc v. Esurance Prop. & Cas. Ins (Mich. Ct. App. 2023).
· cites it 9× “Broadly speaking, these statutes allow insurers to sell—and applicants to buy—less-than-unlimited personal protection insurance (PIP) coverage for automobile insurance policies, provided certain statutory requirements are satisfied.”
Michigan Ambulatory Surgical Ctr. v. Esurance Ins. Co. (Mich. Ct. App. 2026).
· cites it 9× “3101(1)] and is issued or renewed after July 1, 2020, the applicant or named insured shall, in a way required under [MCL 500.3107e] and on a form approved by the director, select 1 of the following coverage levels for personal protection insurance benefits under [MCL 500.”
State Farm Mut. Auto Ins Co v. Est. of Sonya Maria Fortin (Mich. Ct. App. 2024).
· cites it 3× “To exercise an option under this subsection, the person shall complete a form issued by the director[3] and provided as required by [MCL 500.3107e], that meets the requirements of subsection (7).”
Tiffany Carroll v. Progressive Michigan Ins. Co. (Mich. Ct. App. 2025).
· cites it 3× “3107c(1) states in relevant part that an insured “shall” select a coverage option “in a way required under” MCL 500.3107e. That section in turn provides: (2) A person must make a selection under section 3009 or 3107c, or an election under section 3107d in 1 of the following…”
Angerica L Downer v. USA Underwriters (Mich. Ct. App. 2024).
“6 MCL 500.3107e prescribes procedures for delivering forms and making coverage elections by signing paper forms or using electronic alternatives.”
20250307_C368076_42_368076.Opn.Pdf (Mich. Ct. App. 2025).
“Even if the phone call had occurred around the time of the 2021 policy period, it would not create a question of fact on the issue of a PIP opt out because (1) Alveko did not instruct the salesperson to sign the form on his behalf as stated in MCL 500.3107e(2)(b) and (2) Alveko…”
— Mich. Comp. Laws § 500.3107e(2) — 1 case
Tiffany Carroll v. Progressive Michigan Ins. Co. (Mich. Ct. App. 2025).
“3107c(1) states in relevant part that an insured “shall” select a coverage option “in a way required under” MCL 500.3107e. That section in turn provides: (2) A person must make a selection under section 3009 or 3107c, or an election under section 3107d in 1 of the following…”
— Mich. Comp. Laws § 500.3107e(2)(b) — 1 case
20250307_C368076_42_368076.Opn.Pdf (Mich. Ct. App. 2025).
“Even if the phone call had occurred around the time of the 2021 policy period, it would not create a question of fact on the issue of a PIP opt out because (1) Alveko did not instruct the salesperson to sign the form on his behalf as stated in MCL 500.3107e(2)(b) and (2) Alveko…”
— Mich. Comp. Laws § 500.3107e(2)(c) — 4 cases
Bronson Health Care Grp. Inc v. Esurance Prop. & Cas. Ins (Mich. Ct. App. 2023).
“Broadly speaking, these statutes allow insurers to sell—and applicants to buy—less-than-unlimited personal protection insurance (PIP) coverage for automobile insurance policies, provided certain statutory requirements are satisfied.”
Tiffany Carroll v. Progressive Michigan Ins. Co. (Mich. Ct. App. 2025).
“3107c(1) states in relevant part that an insured “shall” select a coverage option “in a way required under” MCL 500.3107e. That section in turn provides: (2) A person must make a selection under section 3009 or 3107c, or an election under section 3107d in 1 of the following…”
Michigan Ambulatory Surgical Ctr. v. Esurance Ins. Co. (Mich. Ct. App. 2026).
“3101(1)] and is issued or renewed after July 1, 2020, the applicant or named insured shall, in a way required under [MCL 500.3107e] and on a form approved by the director, select 1 of the following coverage levels for personal protection insurance benefits under [MCL 500.”
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