HOUSE BILL No. 5158

 

September 13, 2005, Introduced by Reps. Condino, Bieda, Lipsey, Tobocman, Clemente, Alma Smith, Dillon, Polidori, Wojno, Zelenko, Accavitti, Gillard, Ball, Kolb, Donigan, Vagnozzi, Plakas, Kathleen Law and Leland and referred to the Committee on Insurance.

 

     A bill to amend 1956 PA 218, entitled

 

"The insurance code of 1956,"

 

(MCL 500.100 to 500.8302) by adding section 2476a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2476a. (1) Notwithstanding any other provision of this

 

act, an insurer issuing professional liability insurance shall not

 

terminate or refuse to renew or continue a policy for professional

 

liability insurance unless written notice is furnished to the

 

insured not less than 90 days prior to the effective date of

 

termination. The notice of termination shall include all of the

 

following:

 

     (a) A clear and concise explanation of the reason for the

 

termination, nonrenewal, or noncontinuation.

 


     (b) If the termination, nonrenewal, or noncontinuation is

 

based upon concerns related to quality or claims incurred under the

 

policy, the insurer shall describe, with specificity, the

 

information upon which the decision is based.

 

     (2) A professional liability insurance policy shall not be

 

terminated without cause.

 

     (3) Subsections (1) and (2) do not apply where termination,

 

nonrenewal, or noncontinuation is based upon fraud, intentional

 

misrepresentation, nonpayment of premium, or loss of applicable

 

licensure.