October 17, 2017, Introduced by Reps. Lucido, Marino, Canfield, Webber, Lasinski, Frederick, Chirkun, Bizon, LaGrand, Moss, Brinks, Camilleri, Wittenberg, Chang, Ellison, Green, Sabo, Liberati, Sneller, Sowerby, Pagan, Faris, Byrd, Yaroch, Scott, Hammoud, Geiss, Elder, Greimel, Zemke, Hertel, Yanez, Jones, Rabhi and Robinson and referred to the Committee on Insurance.
A bill to amend 1956 PA 218, entitled
"The insurance code of 1956,"
by amending sections 3113, 3114, 3115, and 3151 (MCL 500.3113,
500.3114, 500.3115, and 500.3151), section 3113 as amended by 2016
PA 346 and section 3114 as amended by 2016 PA 347, and by adding
section 3107c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3107c. A physician, hospital, clinic, or other medical
institution, or other person, that provides a product, service, or
accommodation for an injured person's care, recovery, or
rehabilitation is entitled to payment of personal protection
insurance benefits under this chapter on behalf of the injured
person.
Sec. 3113. A person is not entitled to be paid personal
protection
insurance benefits for accidental bodily injury under
this chapter if at the time of the accident any of the following
circumstances existed:
(a) The person that sustained the accidental bodily injury was
willingly operating or willingly using a motor vehicle or
motorcycle that was taken unlawfully, and the person knew or should
have known that the motor vehicle or motorcycle was taken
unlawfully.
(b) The person that sustained the accidental bodily injury was
the owner or registrant of a motor vehicle or motorcycle involved
in the accident with respect to which the security required by
section 3101 or 3103 was not in effect.
(c) The person that sustained the accidental bodily injury was
not a resident of this state, was an occupant of a motor vehicle or
motorcycle not registered in this state, and the motor vehicle or
motorcycle was not insured by an insurer that has filed a
certification in compliance with section 3163.
(d) The person that sustained the accidental bodily injury was
operating a motor vehicle or motorcycle as to which he or she was
named as an excluded operator as allowed under section 3009(2).
(e) The person that sustained the accidental bodily injury was
the owner or operator of a motor vehicle for which coverage was
excluded under a policy exclusion authorized under section 3017.
Sec. 3114. (1) Except as provided in subsections (2), (3), and
(5), a personal protection insurance policy described in section
3101(1) applies to accidental bodily injury to the person named in
the policy, the person's spouse, and a relative of either domiciled
in the same household, if the injury arises from a motor vehicle
accident. A personal injury insurance policy described in section
3103(2) applies to accidental bodily injury to the person named in
the policy, the person's spouse, and a relative of either domiciled
in the same household, if the injury arises from a motorcycle
accident. If personal protection insurance benefits or personal
injury benefits described in section 3103(2) are payable to or for
the benefit of an injured person under his or her own policy and
would also be payable under the policy of his or her spouse,
relative, or relative's spouse, the injured person's insurer shall
pay all of the benefits and is not entitled to recoupment from the
other insurer.
(2)
A If a person suffering suffers accidental
bodily injury
while an operator or a passenger of a motor vehicle operated in the
business
of transporting passengers, shall receive the any personal
protection
insurance benefits to which the person is entitled from
payable under this chapter are payable by the insurer of the motor
vehicle.
This subsection does not apply to if the person was a
passenger in any of the following, unless the passenger is not
entitled to personal protection insurance benefits under any other
policy:
(a) A school bus, as defined by the department of education,
providing transportation not prohibited by law.
(b) A bus operated by a common carrier of passengers certified
by the department of transportation.
(c) A bus operating under a government sponsored
transportation program.
(d) A bus operated by or providing service to a nonprofit
organization.
(e) A taxicab insured as prescribed in section 3101 or 3102.
(f) A bus operated by a canoe or other watercraft, bicycle, or
horse livery used only to transport passengers to or from a
destination point.
(g) A transportation network company vehicle.
(3)
An If an employee, his or her spouse, or a relative of
either
domiciled in the same household, who suffers accidental
bodily injury while an occupant of a motor vehicle owned or
registered
by the employer, shall receive any
personal protection
insurance
benefits to which the employee is entitled from payable
under this chapter are payable by the insurer of the furnished
vehicle.
(4) Except as provided in subsections (1) to (3), if a person
suffering
suffers accidental bodily injury arising from a motor
vehicle
accident while an occupant of a motor vehicle, shall claim
any
personal protection insurance benefits from
payable under this
chapter are payable by insurers in the following order of priority:
(a) The insurer of the owner or registrant of the vehicle
occupied.
(b) The insurer of the operator of the vehicle occupied.
(5)
A If a person suffering suffers accidental
bodily injury
arising from a motor vehicle accident that shows evidence of the
involvement of a motor vehicle while an operator or passenger of a
motorcycle, shall
claim any personal protection insurance benefits
from
payable under this chapter are
payable by insurers in the
following order of priority:
(a) The insurer of the owner or registrant of the motor
vehicle involved in the accident.
(b) The insurer of the operator of the motor vehicle involved
in the accident.
(c) The motor vehicle insurer of the operator of the
motorcycle involved in the accident.
(d) The motor vehicle insurer of the owner or registrant of
the motorcycle involved in the accident.
(6) If 2 or more insurers are in the same order of priority to
provide personal protection insurance benefits under subsection
(5), an insurer paying benefits due is entitled to partial
recoupment from the other insurers in the same order of priority,
and a reasonable amount of partial recoupment of the expense of
processing the claim, in order to accomplish equitable distribution
of the loss among all of the insurers.
(7) As used in this section:
(a) "Personal vehicle", "prearranged ride", and
"transportation network company digital network" mean those terms
as defined in section 2 of the limousine, taxicab, and
transportation network company act, 2016 PA 235, MCL 257.2101 to
257.2153.
(b) "Transportation network company vehicle" means a personal
vehicle while the driver is logged on to the transportation network
company digital network or while the driver is engaged in a
prearranged ride.
Sec.
3115. (1) Except as provided in subsection (1) of section
3114,
3114(1), if a person suffering suffers accidental
bodily
injury
while not an occupant of a motor vehicle, shall claim any
personal
protection insurance benefits from payable under this
chapter are payable by insurers in the following order of priority:
(a) Insurers of owners or registrants of motor vehicles
involved in the accident.
(b) Insurers of operators of motor vehicles involved in the
accident.
(2) When 2 or more insurers are in the same order of priority
to provide personal protection insurance benefits an insurer paying
benefits due is entitled to partial recoupment from the other
insurers
in the same order of priority, together with and a
reasonable amount of partial recoupment of the expense of
processing the claim, in order to accomplish equitable distribution
of
the loss among such the insurers.
(3)
A limit upon on the amount of personal protection
insurance benefits available because of accidental bodily injury to
1
person arising from 1 motor vehicle accident shall must be
determined without regard to the number of policies applicable to
the accident.
Sec.
3151. When If the mental or physical condition of a
person is material to a claim that has been or may be made for past
or future personal protection insurance benefits, the person shall
submit to mental or physical examination by physicians. A personal
protection insurer may include reasonable provisions in a personal
protection insurance policy for mental and physical examination of
persons who suffer accidental bodily injury arising from a motor
vehicle accident who are claiming personal protection insurance
benefits.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.