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

Mich. Comp. Laws § 500.7931 (2026)

Payment and discharge of covered claims; association as party in interest; rights of association; cause of action against insureds; recoverable damages or benefits as credit against covered claim; action to recover excess payment; claims made under worker's disability compensation act; continuation and duration of coverage for covered claims; cancellation of insurance policies; notice; definitions.

✓ current as of July 2026
Find cases: SyfertCases citing this section MI-LEGlegislature.mi.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

THE INSURANCE CODE OF 1956


Act 218 of 1956


500.7931 Payment and discharge of covered claims; association as party in interest; rights of association; cause of action against insureds; recoverable damages or benefits as credit against covered claim; action to recover excess payment; claims made under worker's disability compensation act; continuation and duration of coverage for covered claims; cancellation of insurance policies; notice; definitions.

Sec. 7931.

    (1) The association may pay or discharge covered claims directly, through a servicing facility, or through a contract for reinsurance or transfer of liabilities with a member insurer, in accordance with the plan of operation.

    (2) The association shall be a party in interest in all proceedings involving a covered claim and shall have the same rights as the insolvent insurer would have had if not in receivership, including the right to appear, defend, and appeal a claim in a court of competent jurisdiction; to receive notice of, investigate, adjust, compromise, settle, and pay a covered claim; and to investigate, handle, and deny a noncovered claim. The association shall not have a cause of action against the insureds of the insolvent insurer for any sums it has paid out, except those causes of action that the insolvent insurer would have had if the sums had been paid by the insolvent insurer, or except as otherwise provided by this chapter.

    (3) If damages or benefits are recoverable by a claimant other than from any disability policy or life insurance policy owned or paid for by the claimant or by a claimant or insured under an insurance policy other than a policy of the insolvent insurer, or under a self-insured program of a self-insured entity, the damages or benefits recoverable shall be a credit against a covered claim payable under this chapter. The claimant, insured, or self-insured entity shall first exhaust all coverage provided by any policy or the self-insured retention of an excess insurance policy. If damages against an insured who is not a resident of this state are recoverable by a claimant who is a resident of this state, in whole or in part, from any insurance guaranty association or fund or its equivalent in the state where the insured is a resident, the damages recoverable shall be a credit against a covered claim payable under this chapter. To the extent that the association's obligation is reduced by this section, the liability of the person insured by the insolvent insurer's policy shall be reduced in the same amount. An insurer, self-insured entity, or any other person shall not maintain an action against an insured of the insolvent insurer to recover an amount that constitutes a credit against a covered claim under this section. An amount paid to a claimant in excess of the amount authorized by this section may be recovered by an action brought by the association. If the claims made arise under the worker's disability compensation act of 1969, 1969 PA 317, MCL 418.101 to 418.941, this subsection does not provide credits in excess of those specified in section 354 of the worker's disability compensation act of 1969, 1969 PA 317, MCL 418.354, and does not limit the liability of the guaranty association or the insured under a policy of the insolvent insurer for benefits provided under the worker's disability compensation act of 1969, 1969 PA 317, MCL 418.101 to 418.941.

    (4) The association shall continue coverage for covered claims under each insurance policy of the insolvent insurer that was in force on the date the receiver was appointed until the insurance policy has expired in accordance with its terms, has been replaced by the insured, or has been canceled by the association as provided in this chapter, but in no event for more than 30 days after the date the receiver was appointed.

    (5) The association may cancel insurance policies of the insolvent insurer by mailing or delivering to the insured at the last known address within this state a 10 days' written notice of cancellation, notwithstanding a statute or policy provision to the contrary.

    (6) As used in this section:

    (a) "Self-insured entity" means a person or employer that covers its liability through a qualified individual or group self-insurance program.

    (b) "Self-insured program" means any formal program created for the specific purpose of covering liabilities typically covered by insurance.

History: Add. 1969, Act 277, Imd. Eff. Aug. 11, 1969 ;-- Am. 1980, Act 41, Imd. Eff. Mar. 17, 1980 ;-- Am. 2006, Act 361, Imd. Eff. Sept. 18, 2006

PopularName Notes:

Act 218
Notes of Decisions
Cited in 22 cases (2 in the last 5 years), 1978–2024 · leading case: Yetzke v. Fausak, 488 N.W.2d 222 (Mich. Ct. App. 1992).
Sort: Relevance Newest Treatment
Yetzke v. Fausak, 488 N.W.2d 222 (Mich. Ct. App. 1992). · cites it 10× “We believe, under the clear and unambiguous language of MCL 500.7931; MSA 24.17931, that a setoff is to be deducted from a covered claim.”
Alyas v. Gillard, 446 N.W.2d 610 (Mich. Ct. App. 1989). “MCL 500.7931(2); MSA 24.17931(2); Felsner v McDonald Rent-A-Car, Inc, 173 Mich App 518, 521 ; 434 NW2d 178 (1988).”
Satellite Bowl, Inc. v. Michigan Prop. & Cas. Guar. Ass'n, 419 N.W.2d 460 (Mich. Ct. App. 1988). “” MCL 500.7931; MSA 24.17931. MCL 500.7925(l)(c); MSA 24.”
Metry, Metry, Sanom & Ashare v. Michigan Prop. & Cas. Guar. Ass'n, 267 N.W.2d 695 (Mich. 1978). “The resolution of this case depends on whether attorney fees attributable to services performed prior to the insolvencies of the insurance companies are "covered claims” within the definitional section.”
Felsner v. Mcdonald Rent-a-car, Inc, 434 N.W.2d 178 (Mich. Ct. App. 1988). “MCL 500.7931(2); MSA 24.17931(2) provides in pertinent part: The association shall be a party in interest in all proceedings involving a covered claim and shall have the same rights as the insolvent insurer would have had if not in receivership, including the right to appear,…”
Michigan Prop. & Cas. Guar. Ass'n v. Checker Cab Co., 360 N.W.2d 168 (Mich. Ct. App. 1984). “17925, and MCL 500.7931; MSA 24.17931. Plaintiff’s complaint for declaratory judgment alleges that a 1975 stipulated order entered in the insolvency proceedings and a 1977 settlement agreement defined and limited the claims which will be considered "covered claims” against…”
Justin Childers v. Progressive Marathon Ins Co (Mich. 2024). · cites it 15× “Relevant here, the MPCGA has a statutory duty under MCL 500.7931(1) and MCL 500.7925 to pay obligations of insolvent insurers that come within the act’s definition of “covered claims,” which are obligations of an insolvent insurer that meet specific statutory conditions.”
Borman's, Inc. v. Michigan Prop. & Cas. Guar. Ass'n, 717 F. Supp. 468 (E.D. Mich. 1989). “§ 500.7931. It is plaintiff’s position that section 500.”
Young v. Shull, 385 N.W.2d 789 (Mich. Ct. App. 1986). “MCL 500.7931(2); MSA 24.17931(2). We believe that the purpose of § 7945 is to provide the MPCG, not the insurer, with sufficient time to prepare a proper defense.”
Monical Mach. Co. v. Michigan Prop. & Cas. Guar. Ass'n, 473 N.W.2d 808 (Mich. Ct. App. 1991). “” MCL 500.7931; MSA 24.17931; Satellite Bowl, Inc, supra, p 771.”
Smith v. Parkland inn/Cas. Reciprocal Exch., 760 N.W.2d 554 (Mich. Ct. App. 2008). · cites it 3× “[MCL 500.7931(2).][ 1 ] *647 In light of the preceding statutory provisions, we conclude that the MPCGA is an “insurer” as defined by MCL 418.”
Auto Club Ins. Ass'n v. Meridian Mut. Ins. Co., 523 N.W.2d 821 (Mich. Ct. App. 1994). · cites it 2× “First, we look to the Insurance Code, in particular the provisions of MCL 500.7931(3); MSA 24.17931(3), which provides in pertinent part as follows: If damages or benefits are recoverable by a claimant or insured under an insurance policy other than a policy of the insolvent…”
Show all 22 citing cases →
— Mich. Comp. Laws § 500.7931(1) — 4 cases
Yetzke v. Fausak, 488 N.W.2d 222 (Mich. Ct. App. 1992). “We believe, under the clear and unambiguous language of MCL 500.7931; MSA 24.17931, that a setoff is to be deducted from a covered claim.”
Justin Childers v. Progressive Marathon Ins Co (Mich. 2024). “Relevant here, the MPCGA has a statutory duty under MCL 500.7931(1) and MCL 500.7925 to pay obligations of insolvent insurers that come within the act’s definition of “covered claims,” which are obligations of an insolvent insurer that meet specific statutory conditions.”
Nexhmedin Qafleshi v. Lincoln Gen. Ins. Co. (Mich. Ct. App. 2018).
Nexhmedin Qafleshi v. Lincoln Gen. Ins. Co. (Mich. Ct. App. 2018).
— Mich. Comp. Laws § 500.7931(2) — 7 cases
Alyas v. Gillard, 446 N.W.2d 610 (Mich. Ct. App. 1989). “MCL 500.7931(2); MSA 24.17931(2); Felsner v McDonald Rent-A-Car, Inc, 173 Mich App 518, 521 ; 434 NW2d 178 (1988).”
Felsner v. Mcdonald Rent-a-car, Inc, 434 N.W.2d 178 (Mich. Ct. App. 1988). “MCL 500.7931(2); MSA 24.17931(2) provides in pertinent part: The association shall be a party in interest in all proceedings involving a covered claim and shall have the same rights as the insolvent insurer would have had if not in receivership, including the right to appear,…”
Young v. Shull, 385 N.W.2d 789 (Mich. Ct. App. 1986). “MCL 500.7931(2); MSA 24.17931(2). We believe that the purpose of § 7945 is to provide the MPCG, not the insurer, with sufficient time to prepare a proper defense.”
Smith v. Parkland inn/Cas. Reciprocal Exch., 760 N.W.2d 554 (Mich. Ct. App. 2008). “[MCL 500.7931(2).][ 1 ] *647 In light of the preceding statutory provisions, we conclude that the MPCGA is an “insurer” as defined by MCL 418.”
Est. of Bassam Hassan v. Mi Prop. & Cas. Guar. Assn (Mich. Ct. App. 2017).
— Mich. Comp. Laws § 500.7931(3) — 8 cases
Yetzke v. Fausak, 488 N.W.2d 222 (Mich. Ct. App. 1992). “We believe, under the clear and unambiguous language of MCL 500.7931; MSA 24.17931, that a setoff is to be deducted from a covered claim.”
Justin Childers v. Progressive Marathon Ins Co (Mich. 2024). “Relevant here, the MPCGA has a statutory duty under MCL 500.7931(1) and MCL 500.7925 to pay obligations of insolvent insurers that come within the act’s definition of “covered claims,” which are obligations of an insolvent insurer that meet specific statutory conditions.”
Auto Club Ins. Ass'n v. Meridian Mut. Ins. Co., 523 N.W.2d 821 (Mich. Ct. App. 1994). “First, we look to the Insurance Code, in particular the provisions of MCL 500.7931(3); MSA 24.17931(3), which provides in pertinent part as follows: If damages or benefits are recoverable by a claimant or insured under an insurance policy other than a policy of the insolvent…”
Gary Mathis v. Auto Owners Ins. Co. (Mich. Ct. App. 2021).
Mapes v. Auto Club Ins., 208 Mich. App. 5 (Mich. Ct. App. 1994).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.