June 28, 2007, Introduced by Rep. Virgil Smith 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 3136.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3136. If an injured person recovers damages under section
3135 for noneconomic loss or excess economic loss and is required
to pay all or a portion of that recovery to any person or entity
claiming a lien or right of reimbursement, subrogation, recoupment,
or offset against the recovery, the insurer responsible to pay
personal protection insurance benefits to the injured person shall
reimburse the injured person for the amount he or she is required
to pay the person or entity to the extent that the payment would
have been payable by the insurer if the person or entity had not
paid those amounts. This section applies to any case filed on or
after October 1, 1973.
Enacting section 1. Section 3136 of the insurance code of
1956, 1956 PA 218, MCL 500.3136, as added by this amendatory act,
is curative and intended to correct the misinterpretation of law
and legislative intent that occurred in the Michigan court of
appeals decision in Dunn v DAIIE, 254 Mich App 256; 657 NW2d 153
(2002).