Michigan Compiled Laws
218-1956-19 - Chapter 19 (500.1901...500.1955)
Section 500.1910 - Prohibited Placement of Insurance With Unauthorized Insurer; Rebuttable Presumption as to Availability of Coverages; List of Unavailable Lines of Insurance; Additions to or Deletions From List; Publication, Revision, and Availabili...

Sec. 1910.
(1) Insurance shall not be placed by a licensee with an unauthorized insurer if coverage is available from an authorized insurer.
(2) There is a rebuttable presumption that the following coverages are available from an authorized insurer:
(a) No-fault automobile insurance, as required by section 3101, which is not written for a person who is self-insuring motor vehicles under section 3101d.
(b) Private passenger automobile physical damage coverage.
(c) Homeowners and property insurance on owner-occupied dwellings, the value of which is less than the maximum limits of coverage that are available for the property under the general rules of the Michigan basic property insurance association.
(d) Any coverage readily available from 3 or more authorized insurers, unless the authorized insurers quote a premium and terms not competitive with the premium and terms quoted by an unauthorized insurer.
(e) Worker's compensation insurance that is not written for an employer that is partially self-insured under section 611 of the worker's disability compensation act of 1969, 1969 PA 317, MCL 418.611.
(3) There is a rebuttable presumption that the following coverages are unavailable from an authorized insurer:
(a) Coverages with respect to which 1 portion of the risk is acceptable to authorized insurers, but another portion of the same risk is not acceptable. The entire coverage may be placed with eligible unauthorized insurers if it can be shown that eligible unauthorized insurers will accept the entire coverage but not the rejected portion alone.
(b) Any coverage that the licensee is unable to procure after diligent search among authorized insurers.
(4) The commissioner shall maintain, on a current basis, a list of those lines of insurance for which coverages are determined by the commissioner to be generally unavailable in the authorized insurance market. Any person may request in writing that the commissioner add or remove a coverage from the current list. The commissioner shall grant or deny a request within 30 days after receiving the written request. The commissioner shall encourage dissemination of information regarding the availability of coverages for which the public interest necessitates additions to or deletions from the list. The list shall be published at least quarterly and shall be revised as required. The commissioner shall make the list available to all licensees and other members of the public, upon request.
History: Add. 1980, Act 341, Eff. June 23, 1981 ;-- Am. 2012, Act 204, Eff. Jan. 1, 2013 Popular Name: Act 218

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 500 - Insurance Code of 1956

Act 218 of 1956 - The Insurance Code of 1956 (500.100 - 500.8302)

218-1956-19 - Chapter 19 (500.1901...500.1955)

Section 500.1901 - Short Title.

Section 500.1902 - Liberal Construction and Application.

Section 500.1903 - Definitions; Conflicting Provisions.

Section 500.1903a - Contract of Insurance.

Section 500.1904 - Rates and Forms Used by Unauthorized Insurers.

Section 500.1905 - License Required to Act as Agent or Broker in Transaction of Surplus Lines Insurance; Compliance; Requirements for Obtaining Surplus Lines License; Permissible Acts of Surplus Lines Licensee; Conditions to Placement of Insurance Wi...

Section 500.1906 - Books and Records of Surplus Lines Licensee; Examination; Access.

Section 500.1910 - Prohibited Placement of Insurance With Unauthorized Insurer; Rebuttable Presumption as to Availability of Coverages; List of Unavailable Lines of Insurance; Additions to or Deletions From List; Publication, Revision, and Availabili...

Section 500.1911 - Issuing Evidence of Placement of Insurance With Eligible Unauthorized Insurer; Conditions; Identification of Entities Directly Assuming Risk of Loss; Specifying Obligation as Joint or Several; Specifying Proportion of Obligation As...

Section 500.1912 - Delivery of Written Evidence of Insurance to Insured or Insured's Representative; Time; Conditions.

Section 500.1913 - Separate Account of Each Transaction; Filing Certified Evidence of Transactions.

Section 500.1915 - Charging Fees; Conditions; Excessive or Discriminatory Fee Prohibited; Documentation and Evidence of Disclosure of Fees; Exclusion of Fees in Computation of Premium Taxes.

Section 500.1916 - Compensation of Licensee and Licensed Resident Agent; Collection of Premiums; Effect of Premium Payment Made to Agent.

Section 500.1917 - Liability if Risk Assumed and Premium Received by Licensee.

Section 500.1920 - Recognition as Eligible Surplus Lines Insurer; Application; Recommendations; Conditions; Information; Examination; Removal of Insurer From List.

Section 500.1921 - Recognition as Eligible Unauthorized Insurer; Deposit; Trust Fund, Marketable Securities, or Equivalent Instruments; Provisions Inapplicable to Certain Unincorporated, Alien Insurers; Commissioner as Resident Agent for Service of P...

Section 500.1922 - Notice on Face of Instrument Evidencing Surplus Lines Insurance.

Section 500.1930 - Association of Licensees; Registration; Purposes; Required Filings by Association; Reasons for Refusal to Register Association; Reasons for Suspension or Revocation of Registration; Denial of Membership.

Section 500.1932 - Servicing Facility; Establishment; Reimbursement for Expenses and Payments; Functions; Approval; Member Licensee as Servicing Facility.

Section 500.1933 - Suits by or Against Association; Assertion or Defense of Rights.

Section 500.1934 - Filing Certified Audit of Books, Records, and Trust Funds.

Section 500.1940 - Reports and Recommendations Regarding Financial Condition of Eligible Unauthorized Insurer; Reports and Recommendations Not Considered Public Documents; Liability for Statements.

Section 500.1946 - Repealed. 2000, Act 486, Imd. Eff. Jan. 11, 2001.

Section 500.1950 - Placement of Insurance With Insurer Which Is Neither an Authorized Insurer nor an Eligible Unauthorized Insurer; Duties of Licensee.

Section 500.1951 - Procuring, Continuing, or Renewing Insurance With Unauthorized Insurer; Report; Tax on Premiums; Regulatory Fee.

Section 500.1952 - Violation as Misdemeanor; Penalty.

Section 500.1955 - Rules Implementing Chapter; Declaratory Rulings.