HOUSE BILL No. 5110

 

 

October 12, 2017, Introduced by Reps. Yaroch, Marino, Webber, Lasinski, Frederick, Chirkun, Bizon, LaGrand, Moss, Brinks, Camilleri, Wittenberg, Chang, Ellison, Green, Sabo, Liberati, Sneller, Sowerby, Pagan, Howrylak, Faris, Byrd, Hammoud, Scott, Geiss, Elder, Greimel, Hertel, Zemke and Gay-Dagnogo and referred to the Committee on Insurance.

 

     A bill to amend 1956 PA 218, entitled

 

"The insurance code of 1956,"

 

by amending section 3145 (MCL 500.3145).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 3145. (1) An action for recovery of personal protection

 

insurance benefits payable under this chapter for accidental bodily

 

injury may not be commenced later than 1 year 3 years after the

 

date of the accident causing the injury unless written notice of

 

injury as provided herein in this subsection has been given to the

 

insurer within 1 year 3 years after the accident or unless the

 

insurer has previously made a payment of personal protection

 

insurance benefits for the injury. If the notice has been given or

 

a payment has been made, the action may be commenced at any time

 


within 1 year 3 years after the most recent allowable expense, work

 

loss or survivor's loss has been incurred. However, the claimant

 

may not recover benefits for any portion of the loss incurred more

 

than 1 year 3 years before the date on which the action was

 

commenced. The notice of injury required by this subsection may be

 

given to the insurer or any of its authorized agents by a person

 

claiming to be entitled to benefits therefor, for the injury, or by

 

someone in his the person's behalf. The notice shall must give the

 

name and address of the claimant and indicate in ordinary language

 

the name of the person injured and the time, place, and nature of

 

his the person's injury.

 

     (2) An action for recovery of property protection insurance

 

benefits shall may not be commenced later than 1 year 3 years after

 

the accident.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.