Michigan Compiled Laws

Mich. Comp. Laws § 500.8104 (2026)

Commencement of delinquency proceeding; jurisdiction; stay of proceedings.

✓ current as of July 2026
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THE INSURANCE CODE OF 1956


Act 218 of 1956


500.8104 Commencement of delinquency proceeding; jurisdiction; stay of proceedings.

Sec. 8104.

    (1)  A delinquency proceeding shall not be commenced under this chapter by anyone other than the commissioner of this state and a court shall not have jurisdiction to entertain, hear, or determine a proceeding commenced by any other person.

    (2) A court of this state shall not have jurisdiction to entertain, hear, or determine a complaint praying for the dissolution, liquidation, rehabilitation, sequestration, conservation, or receivership of an insurer; or praying for an injunction or restraining order or other relief preliminary to, incidental to, or relating to such proceedings other than in accordance with this chapter.

    (3) The circuit court for Ingham county shall have sole jurisdiction of a delinquency proceeding commenced under this chapter. In addition to other grounds for jurisdiction provided by the law of this state, the circuit court for Ingham county shall also have jurisdiction over a person served pursuant to the applicable provisions of law in an action brought by the receiver of a domestic insurer or an alien insurer domiciled in this state, if any of the following apply:

    (a) The person served is obligated to the insurer as incident to an agency or brokerage arrangement that may exist or has existed between the insurer and the agent or broker, in an action on or incident to the obligation.

    (b) The person served is a reinsurer who has at any time written a policy of reinsurance for an insurer against which a rehabilitation or liquidation order is in effect when the action is commenced, or is an agent or broker of or for the reinsurer, in an action on or incident to the reinsurance contract.

    (c) The person served is or has been an officer, manager, trustee, organizer, promoter, or person in a position of comparable authority or influence on an insurer against which a rehabilitation or liquidation order is in effect when the action is commenced, in an action resulting from such a relationship with the insurer.

    (4) If the court on motion of any party finds that any action should as a matter of substantial justice be tried in a forum outside this state, the court may enter an appropriate order to stay further proceedings on the action in this state.

History: Add. 1989, Act 302, Imd. Eff. Jan. 3, 1990

PopularName Notes:

Act 218
Notes of Decisions
Cited in 5 cases, 1998–2015 · leading case: Provider Creditors Comm. v. United Am. Health Care Corp., 738 N.W.2d 770 (Mich. Ct. App. 2007).
Provider Creditors Comm. v. United Am. Health Care Corp., 738 N.W.2d 770 (Mich. Ct. App. 2007). · cites it 12× “1641(1) Wayne County is the proper venue for this action. We find no evidence on the record that any of plaintiffs claims, if sued upon separately, could have been commenced and tried in Ingham County.”
Ito v. Investors Equity Life Holding Co.., 346 P.3d 118 (Haw. 2015). “4; Mich. Comp. Laws Ann. § 500.8104 (2); Minn.”
St. John Med. Ctr. v. Dep't of Soc. & Health Servs., 110 Wash. App. 51 (Wash. Ct. App. 2002). “4 (West); Mich. Comp. Laws § 500.8104 (2); Minn. Stat.”
Ins. Comm'r v. Aageson Thibo Agency, 573 N.W.2d 637 (Mich. Ct. App. 1998). “MCL 500.8104(3); MSA 24.18104(3). 2 MCL 500.”
Comm'r of Ins. of Michigan v. DMD Kyoto Plaza Shopping Ctr., L.L.C., 42 F. Supp. 2d 726 (W.D. Mich. 1998). “Once delinquency proceedings have commenced, the Ingham County Circuit Court may issue an injunction to prevent interference with the receiver, waste of the insurer’s assets, or the commencement or further prosecution of any actions against the estate. M.C.L. § 500.”
— Mich. Comp. Laws § 500.8104(1) — 1 case
Provider Creditors Comm. v. United Am. Health Care Corp., 738 N.W.2d 770 (Mich. Ct. App. 2007). “1641(1) Wayne County is the proper venue for this action. We find no evidence on the record that any of plaintiffs claims, if sued upon separately, could have been commenced and tried in Ingham County.”
— Mich. Comp. Laws § 500.8104(2) — 1 case
Provider Creditors Comm. v. United Am. Health Care Corp., 738 N.W.2d 770 (Mich. Ct. App. 2007). “1641(1) Wayne County is the proper venue for this action. We find no evidence on the record that any of plaintiffs claims, if sued upon separately, could have been commenced and tried in Ingham County.”
— Mich. Comp. Laws § 500.8104(3) — 3 cases
Provider Creditors Comm. v. United Am. Health Care Corp., 738 N.W.2d 770 (Mich. Ct. App. 2007). “1641(1) Wayne County is the proper venue for this action. We find no evidence on the record that any of plaintiffs claims, if sued upon separately, could have been commenced and tried in Ingham County.”
Ins. Comm'r v. Aageson Thibo Agency, 573 N.W.2d 637 (Mich. Ct. App. 1998). “MCL 500.8104(3); MSA 24.18104(3). 2 MCL 500.”
Comm'r of Ins. of Michigan v. DMD Kyoto Plaza Shopping Ctr., L.L.C., 42 F. Supp. 2d 726 (W.D. Mich. 1998). “Once delinquency proceedings have commenced, the Ingham County Circuit Court may issue an injunction to prevent interference with the receiver, waste of the insurer’s assets, or the commencement or further prosecution of any actions against the estate. M.C.L. § 500.”
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.