THE INSURANCE CODE OF 1956
Act 218 of 1956
500.4438 Individual certificate; notice of conversion rights.
Sec. 4438.
(1) Each group life insurance policy shall contain a provision that the company will issue to the employer for delivery to the employee, whose life is insured under the policy, an individual certificate that contains all of the following:
(a) A description of the employee's insurance coverage and to whom the insurance is payable.
(b) A statement that if the employee is terminated from employment for any reason, the employee is entitled to have issued to the employee by the company, without further evidence of insurability, upon application made to the company within 31 days after the termination, and upon the payment of the premium applicable to the class of risk to which the employee belongs and to the form and amount of the policy at the employee's then attained age, a policy of life insurance in any 1 of the forms customarily issued by the company, except term insurance, in an amount equal to the amount of the employee's coverage under the group insurance policy at the time of the employee's termination of employment.
(2) An individual certificate under subsection (1) is notice to the employee of his or her conversion rights under a group policy. A separate notice at the time of the employee's termination is not required.
History: 1956, Act 218, Eff. Jan. 1, 1957 ;-- Am. 2014, Act 139, Eff. Mar. 31, 2015
PopularName Notes:
Act 218
Notes of Decisions
Teisman v. United of Omaha Life Ins., 908 F. Supp. 2d 875 (W.D. Mich. 2012).
· cites it 2× “Mich. Comp. Laws § 500.4438 . Even assuming this statute was not preempted by ERISA, Jedco, to the extent it is even covered by the statute as opposed to United, did provide notice of the right to a conversion policy.”
Est. of Smead v. Comm'r, 78 T.C. 43 (Tax Ct. 1982).
“14438 (Callaghan 1972)), which provides: [Group Life Policy; individual certificate to employe; termination of employment, issuance of insurance.”
Missig v. Prudential Ins. Co. of Am., 575 F. Supp. 1185 (E.D. Mich. 1983).
· cites it 3× “§ 500.4438. Plaintiff goes on to argue that in order to interpret the meaning of the term “a policy of life insurance” as used in M.”
Freeman v. Massachusetts Mut. Life Ins., 183 N.W.2d 832 (Mich. Ct. App. 1978).
“This contention is based upon CL 1948, § 500.4438 (Stat Ann 1957 Rev § 24.14438) which states in part: “There shall be a provision that the company will issue to the employer for delivery to the employe, whose life is insured under such policy, an individual certificate setting…”
Sims v. Buena Vista Sch. Dist., 360 N.W.2d 211 (Mich. Ct. App. 1984).
“MCL 500.4438; MSA 24.14438. Aetna forwarded these certificates to Buena Vista School District.”
Reinisch v. Metro. Life Ins., 97 A.D.2d 135 (N.Y. App. Div. 1983).
“Michigan provides no coverage during the 31-day conversion period (see Mich Comp Laws, § 500.4438). In the remaining 28 jurisdictions, two types of notice statutes exist.”
Henderson v. Prudential Ins. Co. of Am., 238 F. Supp. 862 (E.D. Mich. 1965).
“Laws 1948, § 500.4438, Pub.Acts 1956, No. 218]), the insured was afforded an opportunity to convert, without evidence of insurability, and within thirty-one (31) days from the date of termination of employment, any or all of the insurance under the group policy to an individual…”
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