QuickServe State Laws

Michigan

1.  Unfair Claims Practices Act

2.  Unfair Trade Practices Act

3.  Imitation Crash Parts Regulations 
4.  Anti-Steering Regulations - no law we have found yet.

5.  Timely Notification 

6.  Timely Payment

7.  False & Misleading Advertising

8.  False Use of Insurer’s Name

9.  Total Losses  

10. Consumer Sales Practices Acts 

11. Consumer Auto Repair Practices Acts 

12. Telemarketing laws 

13. Home Sales Act   

14. Licensing Adjusters 

15. Diminished Value - no law we have found yet.

Unfair Claims Practices Act

550.940 Prohibited conduct generally. Sec. 40.

A TPA or manager, in processing claims, shall not do any of the following:

(a) Misrepresent pertinent facts relating to coverage.

(b) Fail to make a good faith effort to acknowledge promptly or to act reasonably and promptly upon communications with respect to a claim for benefits.

(c) Fail to adopt and implement reasonable standards for the prompt investigation of a claim for benefits.

(d) Refuse to process claims without conducting a reasonable investigation based upon the available information.

(e) Fail to communicate affirmation or denial of coverage of a claim for benefits within a reasonable time after a claim has been received.

(f) Fail to make a good faith effort to promptly, fairly, and equitably process a claim for benefits.

(g) Fail to promptly provide a reasonable explanation of the basis for denial or partial denial of a claim for benefits.

(h) Refuse to process claims because of race, color, creed, marital status, sex, national origin, residence, age, disability, or lawful occupation.

(i) Knowingly compel individuals covered by the plan to institute litigation to recover amounts due under a benefit plan by offering substantially less than the amounts due unless the amounts due are reasonably in dispute.

(j) For the purpose of coercing an individual covered by the plan to accept a settlement or compromise of a claim, inform the individual of a policy of the TPA of appealing judicial, arbitration, or administrative hearing decisions which are in favor of individuals covered by the plan.

(k) Delay the investigation or processing of a claim by requiring an individual covered by the plan, or the provider of services to the individual covered by the plan, to submit a preliminary claim and then requiring subsequent submission of a formal claim, seeking solely the duplication of a verification. This subdivision does not apply to the predetermination or precertification of benefits.

more>> http://michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-550-940&highlight= 

550.942 Additional prohibited conduct. Sec. 42.

A manager or TPA, in order to induce a person to contract or to continue to contract with the TPA; to induce a person to lapse, forfeit, or surrender a service contract entered into with a TPA; or to induce a person to secure or terminate coverage with a carrier or other person, shall not directly or indirectly:

(a) Offer to make or make an agreement relating to a service contract or issue or deliver to the person money or any other valuable consideration other than as plainly expressed in the service contract.

(b) Give or pay or offer to give or pay, directly or indirectly, a rebate or adjustment of the fee payable under the service contract, or an advantage in the services thereunder, except as reflected in the fee and expressly provided in the service contract.

(c) Make, issue, or circulate, or cause to be made, issued, or circulated, any estimate, illustration, circular, or statement misrepresenting the terms of a service contract, the advantages provided thereunder, or the true nature thereof.

(d) Make a misrepresentation in a comparison, whether oral or written, between service contracts of the TPA and another TPA or between service contracts of the TPA and a carrier.

more>> http://michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-550-942&highlight= 

550.944 Additional prohibited conduct. Sec. 44.

(1) A TPA shall not refuse to enter into a service contract or provide administrative services other than processing claims because of race, color, creed, marital status, sex, national origin, residence, age, disability, or lawful occupation.

(2) A TPA or manager shall not misrepresent the financial condition of a TPA or of any person engaged in the business of insurance, or misrepresent the financial aspects of the services offered by the TPA or make a statement which is maliciously false, maliciously critical of, or maliciously derogatory to the financial condition of another TPA or of a person engaged in the business of insurance.

(3) A TPA or manager shall not misrepresent the nature of the services provided by the TPA, including but not limited to, the existence or identity of any carrier or other TPA involved with the plan; the extent of risk assumed by any particular named carrier, if any; or the regulatory status of the carrier or TPA.

(4) A TPA or manager shall not make, or participate in the making of, any fraudulent statement on a claims form for the purpose of obtaining money or other benefits.

(5) A TPA shall process claims for benefits on a timely basis.

more>> http://michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-550-944&highlight= 

Unfair Trade Practices Act

500.2005a Unfair method of competition; unfair or deceptive act or practice. Sec. 2005a.

An unfair method of competition and an unfair or deceptive act or practice in the business of insurance includes all of the following:

(a) Knowingly making any misleading representation or incomplete or fraudulent comparison of any insurance policies, certificates, or contracts of insurers, health care corporations, or health maintenance organizations for the purpose of inducing, or tending to induce, any person to lapse, forfeit, surrender, terminate, retain, pledge, assign, borrow on, or convert any insurance policy, certificate, or contract or to take out a policy, certificate, or contract with another insurer, health care corporation, or health maintenance organization.

(b) Employing any method of marketing having the effect of or tending to induce the purchase of insurance through force, fright, or threat, whether explicit or implied, or undue pressure.

(c) Making use directly or indirectly of any method of marketing that fails to disclose in a conspicuous manner that a purpose of the method of marketing is solicitation of insurance and that contact will be made by an insurance agent or insurance company.

more>> http://michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-500-2005a&highlight= 

Sec. 2012. The following are defined as unfair methods of competition and unfair and deceptive acts or practices in the business of insurance:

Entering into any agreement to commit, or by any concerted action committing, any act of boycott, coercion or intimidation resulting in or tending to result in unreasonable restraint of the business of insurance.

more>> http://michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-500-2012&highlight= 

Sec. 2017. The following are defined as unfair methods of competition and unfair and deceptive acts or practices in the business of insurance:

Issuing or delivering or permitting agents, officers, or employees to issue or deliver, agency company stock or other capital stock, or benefit certificates or shares in any common law corporation, or securities or any special or advisory board contracts or other contracts of any kind promising returns and profits as an inducement to insurance.

more>> http://michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-500-2017&highlight= 

Sec. 2024. The following are defined as unfair methods of competition and unfair and deceptive acts or practices in the business of insurance:

Except as otherwise expressly provided by law, knowingly permitting or offering to make or making any contract of life insurance, life annuity or accident and health insurance, or agreement as to such contract other than as plainly expressed in the contract issued thereon, or paying or allowing, or giving or offering to pay, allow, or give, directly or indirectly, as inducement to such insurance, or annuity, any rebate of premiums payable on the contract, or any special favor or advantage in the dividends or other benefits thereon, or any valuable consideration or inducement whatever not specified in the contract; or giving, or selling, or purchasing or offering to give, sell, or purchase as inducement to such insurance or annuity or in connection therewith, any stocks, bonds, or other securities of any insurance company or other corporation, association, or partnership, or any dividends or profits accrued thereon, or anything of value whatsoever not specified in the contract.

more>> http://michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-500-2024&highlight= 

Imitation Crash Parts Regulations 257.1362 Definitions.

Sec. 2. As used in this act:

(a) “Aftermarket crash part” means a replacement part for a nonmechanical sheet metal part or plastic part that constitutes part of the exterior of a motor vehicle, including, but not limited to, an inner or outer panel.

(b) “Installer” means an individual who replaces or repairs parts of a motor vehicle.

(c) “Insurer” means an insurance company authorized to transact property, fire, or casualty insurance in this state and an agent of the insurer and includes an insurance association, pool, or facility created under the insurance code of 1956, Act No. 218 of the Public Acts of 1956, being sections 500.100 to 500.8302 of the Michigan Compiled Laws.

(d) “Motor vehicle” means a self-propelled device by which a person or property may be transported upon a public highway. Motor vehicle does not include a tractor, motorcycle, moped, trailer, semitrailer, bus, power shovel, road machinery, agricultural machinery, or other machinery or vehicle not designed primarily for highway transportation, but which may incidentally transport persons or property on a public highway. Motor vehicle also does not include a device that moves upon or is guided by a track.

(e) “Nonoriginal equipment manufacturer aftermarket crash part” or “non-OEM aftermarket crash part” means an aftermarket crash part not made by or for the manufacturer of a motor vehicle.

(f) “Repair facility” means any motor vehicle dealer, garage, body repair shop, or other commercial entity that undertakes the repair or replacement of parts that generally constitute the exterior of a motor vehicle.

update>> http://michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-257-1362&highlight= 

257.1363 Non-OEM aftermarket crash parts; use.

Sec. 3. If an insurer requests the use of non-OEM aftermarket crash parts in the repair of an insured's motor vehicle, a repair facility or installer may use non-OEM aftermarket crash parts to repair a vehicle only if the insured receives a written estimate of repairs that clearly identifies each non-OEM aftermarket crash part and that contains or has attached to it in not less than 10-point bold type the following information:

“This estimate has been prepared based on the use of aftermarket crash parts supplied by a source other than the manufacturer of your motor vehicle. Warranties that apply to these replacement parts are provided by the manufacturer, distributor, or insurer of these parts.”

update>> http://michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-257-1363&highlight= 

Anti-Steering Regulations

We have not found a law. 

Timely Notification 

(e) Fail to communicate affirmation or denial of coverage of a claim for benefits within a reasonable time after a claim has been received.

(f) Fail to make a good faith effort to promptly, fairly, and equitably process a claim for benefits.

(g) Fail to promptly provide a reasonable explanation of the basis for denial or partial denial of a claim for benefits.

more>> http://michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-550-940&highlight= 

Timely Payment

(1) A person must pay on a timely basis to its insured, an individual or entity directly entitled to benefits under its insured's contract of insurance, or a third party tort claimant the benefits provided under the terms of its policy, or, in the alternative, the person must pay to its insured, an individual or entity directly entitled to benefits under its insured's contract of insurance, or a third party tort claimant 12% interest, as provided in subsection (4), on claims not paid on a timely basis. Failure to pay claims on a timely basis.

more>> http://michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-500-2006-amended&queryid=1689727&highlight=unfair%20trade#0

False and Misleading Advertising

(b) Employing any method of marketing having the effect of or tending to induce the purchase of insurance through force, fright, or threat, whether explicit or implied, or undue pressure.

(c) Making use directly or indirectly of any method of marketing that fails to disclose in a conspicuous manner that a purpose of the method of marketing is solicitation of insurance and that contact will be made by an insurance agent or insurance company.

more>>  http://michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-500-2005a&highlight= 

500.2007 Unfair methods of competition or deception; false, deceptive or misleading advertising. Sec. 2007.

The following are defined as unfair methods of competition and unfair and deceptive acts or practices in the business of insurance:

Making, publishing, disseminating, circulating, or placing before the public, or causing, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in a newspaper, magazine or other publication, or in the form of a notice, circular, pamphlet, letter or poster, or over any radio station, or in any other way, an advertisement, announcement or statement containing any assertion, representation or statement with respect to the business of insurance or with respect to any person in the conduct of his insurance business, which is untrue, deceptive or misleading.

more>> http://michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-500-2007&highlight= 

Sec. 2091.

No unauthorized foreign or alien insurer shall make, issue, circulate or cause to be made, issued or circulated to residents of this state any estimate, illustration, circular, pamphlet or letter, or cause to be made in any newspaper, magazine or other publication, or over any radio or television station, any announcement or statement to such residents misrepresenting its financial condition or the terms of any contracts issued or to be issued or the benefits or advantages promised thereby, or the dividends or share of the surplus to be received thereon in violation of sections 2001 to 2050 of this act, and whenever the commissioner has reason to believe that any such insurer is engaging in unlawful advertising, he shall give notice of such fact by certified mail to the insurer and to the insurance supervisory official of the domiciliary state of the insurer. For the purpose of this section, the domiciliary state of an alien insurer is the state of entry or the state of the principal office in the United States.

more>> http://michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-500-2091&highlight= 

False Use of Insurer’s Name

(3) A TPA or manager shall not misrepresent the nature of the services provided by the TPA, including but not limited to, the existence or identity of any carrier or other TPA involved with the plan; the extent of risk assumed by any particular named carrier, if any; or the regulatory status of the carrier or TPA.

more>> http://michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-550-944&highlight= 

Total Losses

257.1132 Total loss of vehicle; surrender of title, junking.

Sec. 32. When payment is made for property damage to a vehicle which payment represents the total value of the vehicle less the $200.00 deductible the secretary may require that the certificate of title of the vehicle be surrendered for cancellation as a junk vehicle. When the certificate of title is surrendered under this section the secretary shall issue a memorandum of title which will enable the owner of the vehicle to dispose of it as junk or salvage.

update>> http://michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-257-1132&highlight= 

Consumer Sales Practices Acts

440.2403 Purchasers and transferees; title, rights, and powers to transfer goods; entrusting.

Sec. 2403. (1) A purchaser of goods acquires all title which his transferor had or had power to transfer except that a purchaser of a limited interest acquires rights only to the extent of the interest purchased. A person with voidable title has power to transfer a good title to a good faith purchaser for value. When goods have been delivered under a transaction of purchase the purchaser has such power even though

(a) the transferor was deceived as to the identity of the purchaser; or

(b) the delivery was in exchange for a check which is later dishonored; or

(c) it was agreed that the transaction was to be a “cash sale”; or

(d) the delivery was procured through fraud punishable as larcenous under the criminal law.

(2) Any entrusting of possession of goods to a merchant who deals in goods of that kind gives him power to transfer all rights of the entruster to a buyer in ordinary course of business.

(3) “Entrusting” includes any delivery and any acquiescence in retention of possession regardless of any condition expressed between the parties to the delivery or acquiescence and regardless of whether the procurement of the entrusting or the possessor's disposition of the goods have been such as to be larcenous under the criminal law.

(4) The rights of other purchasers of goods and of lien creditors are governed by the articles on secured transactions (article 9), bulk transfers (article 6) and documents of title (article 7).

update>> http://michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-440-2403&highlight= 

440.2609 Contract for sale; performance; insecurity, demand, assurance of due performance.

Sec. 2609. (1) A contract for sale imposes an obligation on each party that the other's expectation of receiving due performance will not be impaired. When reasonable grounds for insecurity arise with respect to the performance of either party the other may in writing demand adequate assurance of due performance and until he receives such assurance may if commercially reasonable suspend any performance for which he has not already received the agreed return.

(2) Between merchants the reasonableness of grounds for insecurity and the adequacy of any assurance offered shall be determined according to commercial standards.

(3) Acceptance of any improper delivery or payment does not prejudice the aggrieved party's right to demand adequate assurance of future performance.

(4) After receipt of a justified demand failure to provide within a reasonable time not exceeding 30 days such assurance of due performance as is adequate under the circumstances of the particular case is a repudiation of the contract.

update>> http://michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-440-2609&highlight= 

440.2613 Casualty to identified goods; total loss; partial loss, option of buyer.

Sec. 2613. Where the contract requires for its performance goods identified when the contract is made, and the goods suffer casualty without fault of either party before the risk of loss passes to the buyer, or in a proper case under a “no arrival, no sale” term (section 2324) then

(a) if the loss is total the contract is avoided; and

(b) if the loss is partial or the goods have so deteriorated as no longer to conform to the contract the buyer may nevertheless demand inspection and at his option either treat the contract as avoided or accept the goods with due allowance from the contract price for the deterioration or the deficiency in quantity but without further right against the seller.

update>> http://michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-440-2613&highlight= or table of contents http://michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-174-1962-2&highlight= 

Consumer Auto Repair Practices Acts

MOTOR VEHICLE SERVICE AND REPAIR ACT 257.1302 Definitions.

Sec. 2. As used in this act:

(a) “Administrator” means the secretary of state or any person designated by him or her to act in his or her place.

(b) “Department” means the department of state.

(c) “Master mechanic” means a motor vehicle mechanic or specialty mechanic who is certified by the department pursuant to this act in all of the specific repair categories.

(d) “Motor vehicle” means a vehicle which is self-propelled, a vehicle which is propelled by electric power, a motorcycle, or a trailer as those terms are defined in the Michigan vehicle code, Act No. 300 of the Public Acts of 1949, as amended, being sections 257.1 to 257.923 of the Michigan Compiled Laws. For the purposes of this act, a motor vehicle does not include the dwelling or sleeping portions of a motor home, trailer, or any recreational vehicle having similar facilities which are not directly connected with the drive mechanism of the vehicle or other areas of repair which would require certification of motor vehicle mechanics as specified in this act or rules promulgated pursuant to this act.

(e) “Motor vehicle mechanic” means a technician, individual, or other person who, for compensation, repairs motor vehicles, including the reconditioning, replacement, adjustment, or alteration of the operating condition, of any component or subassembly of a motor vehicle.

(f) “Mechanic trainee” means a person who desires to become a motor vehicle mechanic, a specialty mechanic, or a master mechanic and receives a permit from the administrator pursuant to this act.

(g) “Motor vehicle repair facility” means a place of business which engages in the business of performing or employing persons who perform maintenance, diagnosis, vehicle body work, or repair service on a motor vehicle for compensation, but excluding all of the following:

(i) A person who engages only in the business of repairing the motor vehicles of a single commercial or industrial establishment or governmental agency.

(ii) A person repairing his or her own or a family member's car.

(iii) A business that does not diagnose the operation of a motor vehicle, does not remove parts from a motor vehicle to be remachined, and does not install finished machined or remachined parts on a motor vehicle, not including a motor vehicle repair facility that engages in the business of performing or employing persons who perform vehicle body work.

(h) “Specialty mechanic” means a motor vehicle mechanic who is certified by the department for a specific repair category or categories pursuant to this act.

update>> http://michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-257-1302&highlight= 

257.1302a Additional definitions.

Sec. 2a. As used in this act:

(a) “Distressed vehicle” means that term as defined in section 12a of the Michigan vehicle code, Act No. 300 of the Public Acts of 1949, being section 257.12a of the Michigan Compiled Laws.

(b) “Facility” means a motor vehicle repair facility.

(c) “Late model vehicle” means that term as defined in section 24b of Act No. 300 of the Public Acts of 1949, being section 257.24b of the Michigan Compiled Laws.

(d) “Major component part” means 1 of the following parts of a motor vehicle:

(i) The engine.

(ii) The transmission.

(iii) The right or left front fender.

(iv) The hood.

(v) A door allowing entrance to or egress from the passenger compartment of the vehicle.

(vi) The front or rear bumper.

(vii) The right or left rear quarter panel.

(viii) The deck lid, tailgate, or hatchback.

(ix) The trunk floor pan.

(x) The cargo box of a pickup.

(xi) The frame, or if the vehicle has a unitized body, the supporting structure or structures that serve as the frame.

(xii) The cab of a truck.

(xiii) The body of a passenger vehicle.

(e) “Salvageable part” means a major component part of a late model vehicle or a vehicle manufactured in the current model year, if the part can be reused.

(f) “Vehicle body work” means the business or activity of repairing physical damage to a motor vehicle by repairing, mending, straightening, or replacing a major component part, except for the engine or transmission.

update>> http://michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-257-1302a&highlight= 

257.1305 Motor vehicle repair facility; certified specialty or master mechanic required; inspection and approval of work performed by noncertified mechanic; waiver.

Sec. 5. (1) Effective December 31, 1977, all motor vehicle repair facilities must have at least 1 specialty or master mechanic in its employ certified in each category of repair which it provides.

(2) After January 1, 1978 any work concerning major service or repair performed by a noncertified mechanic shall be inspected and approved by 1 who is certified in the pertinent specialty.

(3) Effective December 31, 1980, a person shall not engage in the business or activity of a specialty or master mechanic unless the person is certified pursuant to this act.

(4) Following December 31, 1977, if a customer voluntarily requests services or parts for the repair of a motor vehicle without delay, due to an emergency, from a repair facility in a repair category for which that facility does not have a master or specialty mechanic, that facility may obtain from the customer a waiver of the customer's rights to have the repair work performed by a master or specialty mechanic. The waiver shall be executed in duplicate with 1 copy to be given to the customer requesting the repairs and shall read as follows:

“______________________(customer) has voluntarily requested

_______________(repair person) of ________________(facility) to provide services

or parts in the repair of the below described motor vehicle because of an emergency and thereby waives any claim or cause of action he may have against either

____________(repair person) or _______________(facility) as a result.

Motor vehicle description:

Customer signature ____________

Dated __________

Time ____________ .”

(5) This waiver shall not be effective unless given by the customer voluntarily and with the knowledge of the implications of the waiver. A motor vehicle repair facility or anyone in its employ, including a specialty or master mechanic or mechanic trainee shall not make use of the waiver of liability in an attempt to evade this act.

update>> http://michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-257-1305&highlight= 

257.1306 Motor vehicle repair facility; registration required.

Sec. 6. Unless the act or practice is otherwise exempt by this act, a person shall not engage in the business or activity of a motor vehicle repair facility unless the person registers the facility with the administrator pursuant to this act.

update>> http://michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-257-1306&highlight= 

257.1317 Inspections; time; announced and unannounced; violations.

Sec. 17. (1) The registered facility or a facility required to be registered under this act shall be open to inspection by the administrator and other law enforcement officials during reasonable business hours. During reasonable business hours, the administrator and other law enforcement officials may make periodic unannounced inspections of the premises, parts records, and parts inventories of facilities.

(2) A person who hinders, obstructs, or otherwise prevents an inspection is in violation of this act.

update>> http://michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-257-1317&highlight= 

257.1332 Written estimate required; consent to excess charge; payment of actual cost if cost less than estimate; cost of returning vehicle to original condition; cost of diagnosis; waiver of rights.

Sec. 32. (1) A motor vehicle repair facility shall give to the customer a written estimate, itemizing as closely as possible the price for labor and parts necessary for a specific job prior to the commencement of work. A facility shall not charge for work done or parts supplied in excess of the estimated price or in excess of the limit stated by the customer in the waiver provided for in subsection (3) without the knowing written or oral consent of the customer which shall be obtained at some time after it is determined that the estimated price or stated limit is insufficient and before any work not estimated or in excess of the limit is done or the parts not estimated or in excess of the limit are supplied. If a waiver is not signed as provided in subsection (3) and the estimated price is exceeded by not more than 10% or $10.00 whichever is lesser, the written or oral consent of the customer for the excess charge need not be obtained unless specifically requested by the customer. This section shall not be construed as requiring a motor vehicle repair facility, mechanic, or mechanic trainee to give a written estimated price if he agrees not to perform the requested repair. If the actual cost of repair is less than the agreed upon estimated cost, the customer shall pay only the actual cost.

(2) If the facility or mechanic informs the customer that the price for repair will exceed the written estimate or the stated limit in the waiver and the customer does not want the repair work performed then the customer is liable for all reasonable costs to return the vehicle to the condition it was when it entered the facility. These costs should be indicated in written form itemizing the costs as closely as possible with a copy given to the customer. The cost of a diagnosis to be made, whether or not the customer authorizes repairs to be performed, shall be contained in the written estimate before the diagnosis is undertaken.

(3) If a customer initiates a request for service or parts for the repair of a motor vehicle without receiving a written estimate and voluntarily agrees to pay all reasonable costs of repair up to an amount stated by the customer, a repair facility may obtain from the customer a waiver of his right to receive a prior estimate of repair costs. The waiver shall be in 14 point or larger bold capital type face and executed with 1 copy to the customer requesting the repairs and shall read as follows:

“I, __________, voluntarily request __________ to provide services or parts in the repair of the below described motor vehicle without receiving an estimate of repair costs. By signing this form, I understand that I will give up my right to:

1. Receive a written estimate of the cost for repairs;

2. Approve in advance any repairs or costs with a total cost under $ __________; and

3. Refuse to pay for repairs with a total cost less than the amount stated above.

The facility may exceed the amount stated above only after I give my written or oral approval.

Motor vehicle description:

Customer signature _______________

Date __________

Time __________”

This waiver shall not be effective unless given by the customer voluntarily and with full knowledge of the implications of the waiver. A motor vehicle repair facility or anyone in its employ shall not make use of the waiver in an attempt to evade this act.

update>> http://michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-257-1332&highlight= 

257.1333 Right to receive or see replaced parts; notice; sign at entrance of facility.

Sec. 33. (1) The administrator shall determine by rule the time and manner in which the motor vehicle repair facility shall return replaced parts to the customer at the time of the completion of the work. This requirement does not apply to parts exempted by the administrator because of size, weight, or similar factors from this requirement, and except for parts that the motor vehicle repair facility or mechanic is required to return to the manufacturer or distributor under a warranty or exchange arrangement. If the parts must be returned to the manufacturer or distributor, the facility or mechanic shall offer to show and upon acceptance of the offer or upon request shall show the parts to the customer upon completion of the work, except the facility shall not be required to show a replacement part when a charge is not being made for the replacement thereof.

(2) A customer shall be informed of his right to receive or see replaced parts as provided in this section prior to the customer executing any document or engaging the facility or mechanic for the work. The information shall be given to the customer on the face of any contract, work order form, or sign, or other document evidencing the engagement of the facility or mechanic or by separate written document, in at least 12 point boldface type as follows:

YOU ARE ENTITLED BY LAW TO THE RETURN OF ALL PARTS REPLACED, EXCEPT THOSE WHICH ARE TOO HEAVY OR LARGE, AND THOSE REQUIRED TO BE SENT BACK TO THE MANUFACTURER OR DISTRIBUTOR BECAUSE OF WARRANTY WORK OR AN EXCHANGE AGREEMENT. YOU ARE ENTITLED TO INSPECT THE PARTS WHICH CANNOT BE RETURNED TO YOU.

(3) The motor vehicle repair facility shall display a clearly legible sign in a conspicuous place at the entrance of the facility indicating that inquiries concerning repair service or complaints may be made to the administrator and shall contain the address and telephone number of the department.

update>> http://michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-257-1333&highlight= 

257.1334 Written statement required upon return of repaired vehicle.

Sec. 34. A motor vehicle repair facility, including a gasoline service station which performs any of the repairs listed in the repair categories of certification for specialty mechanics or developed by the administrator by rule, shall give to each customer a written statement upon return of the repaired vehicle to the customer. The statement shall disclose:

(a) Repairs needed, as determined by the facility.

(b) Repairs requested by the customer.

(c) Repairs authorized by the customer.

(d) The facility's estimate of repair costs.

(e) The actual cost of repairs.

(f) The repairs or services performed, including a detailed identification of all parts that were replaced and a specification as to which are new, used, rebuilt, or reconditioned.

(g) A certification that the repairs were completed properly or a detailed explanation of an inability to complete repairs properly. The statement shall be signed by the owner of the facility or by a person designated by the owner to represent the facility. The name of the mechanic or mechanics who performed the diagnosis and the repair shall also appear on the statement.

update>> http://michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-257-1334&highlight= 

257.1334a Written estimate not required if total cost less than $20.00; final invoice required.

Sec. 34a. Unless otherwise requested by the customer, the requirement to furnish a written estimate shall not apply to repair work performed by a motor vehicle repair facility when the total cost for services and parts is less than $20.00. Nothing in this, or any other section, shall cause any repair facility to fail to furnish to the customer a final invoice for the repairs performed and the parts supplied.

update>> http://michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-257-1334a&highlight= 

or table of contents http://michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-Act-300-of-1974&highlight= 

Telemarketing laws

445.111a Telephonic solicitation using recorded message prohibited.

Sec. 1a. A home solicitation sale shall not be made by telephonic solicitation using in whole or in part a recorded message.

update>> http://michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-445-111a&highlight= 

(G) "TELEPHONE SOLICITATION SALE" MEANS A SALE OF GOODS OR SERVICES OF MORE THAN $25.00 IN WHICH THE SELLER OR A PERSON ACTING FOR THE SELLER ENGAGES IN A TELEPHONIC SOLICITATION OF THE SALE, THE SOLICITATION IS RECEIVED BY THE BUYER AT A RESIDENCE OF THE BUYER, AND THE BUYER'S AGREEMENT OR OFFER TO PURCHASE IS THERE GIVEN TO THE SELLER OR A PERSON ACTING FOR THE SELLER. THE TERM DOES NOT INCLUDE A SALE OF A SECURITY OR INTEREST IN A SECURITY THAT IS SUBJECT TO THE UNIFORM SECURITIES ACT, 1964 PA 265, MCL 451.501 TO 451.818.

(H) "AUTOMATIC DIALING AND ANNOUNCING DEVICE" MEANS ANY DEVICE OR SYSTEM OF DEVICES THAT IS USED, WHETHER ALONE OR IN CONJUNCTION WITH OTHER EQUIPMENT, FOR THE PURPOSE OF AUTOMATICALLY SELECTING OR DIALING TELEPHONE NUMBERS. 

(I) "DO-NOT-CALL LIST" MEANS A DO NOT CALL LIST OF CONSUMERS AN ORGANIZATION OR OTHER PERSON IS REQUIRED TO MAINTAIN UNDER SECTION 1C(1)(H).

(J) "PERSON" MEANS AN INDIVIDUAL, PARTNERSHIP, CORPORATION, LIMITED LIABILITY COMPANY, ASSOCIATION, GOVERNMENTAL ENTITY, OR OTHER LEGAL ENTITY. 

(K) "RESIDENTIAL TELEPHONE SUBSCRIBER" MEANS AN INDIVIDUAL RESIDING IN THIS STATE WHO HAS RESIDENTIAL TELEPHONE SERVICE.

(l) "TELEPHONE SOLICITOR" MEANS ANY PERSON DOING BUSINESS IN THIS STATE WHO MAKES OR CAUSES TO BE MADE A TELEPHONE SOLICITATION FROM WITHIN OR OUTSIDE OF THIS STATE, INCLUDING, BUT NOT LIMITED TO, CALLS MADE BY USE OF AUTOMATED DIALING AND ANNOUNCING DEVICES OR BY A LIVE PERSON.

(M) "TELEPHONE SOLICITATION" MEANS ANY VOICE COMMUNICATION OVER A TELEPHONE FOR THE PURPOSE OF ENCOURAGING THE PURCHASE OR RENTAL OF, OR INVESTMENT IN, GOODS OR SERVICES WHETHER OR NOT A PURCHASE OR RENTAL OF OR INVESTMENT IN GOODS OR SERVICES OCCURS AS A RESULT OF THE COMMUNICATION. TELEPHONE SOLICITATION DOES NOT INCLUDE ANY OF THE FOLLOWING:

(i) A VOICE COMMUNICATION TO A RESIDENTIAL TELEPHONE SUBSCRIBER WITH THAT SUBSCRIBER'S PRIOR EXPRESS INVITATION OR PERMISSION.

(ii) A VOICE COMMUNICATION TO A RESIDENTIAL TELEPHONE SUBSCRIBER THAT IS MADE BY A REAL ESTATE BROKER OR SALESPERSON LICENSED BY THE DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES, IF THAT REAL ESTATE BROKER OR SALESPERSON USES TELEPHONE EQUIPMENT THAT DISPLAYS THE TELEPHONE NUMBER OF THE CALLER ON THE TELEPHONE OF ANY RESIDENTIAL TELEPHONE SUBSCRIBER WITH A CALLER ID FUNCTION FOR THE TELEPHONE CALL.

(iii) A VOICE COMMUNICATION TO A RESIDENTIAL TELEPHONE NUMBER BY A HEALTH CARE PROVIDER WHO PROVIDES OR HAS PROVIDED CARE TO AN INDIVIDUAL AT THAT TELEPHONE NUMBER. AS USED IN THIS SUBDIVISION, "HEALTH CARE PROVIDER" MEANS THAT TERM AS DEFINED IN SECTION 3 OF THE PATIENT'S RIGHT TO INDEPENDENT REVIEW ACT, 2000 PA 251, MCL 550.1903.

(iv) A VOICE COMMUNICATION TO A RESIDENTIAL TELEPHONE SUBSCRIBER BY AN INSURANCE AGENT LICENSED BY THE COMMISSIONER OF THE OFFICE OF FINANCIAL AND INSURANCE SERVICES IN CONNECTION WITH A SALE OR OFFER FOR SALE OF INSURANCE.

Sec. 1a. A home solicitation sale shall not be made by telephonic solicitation using PERSON SHALL NOT MAKE A TELEPHONE SOLICITATION THAT CONSISTS in whole or in part OF a recorded message. SEC. 1B. (1) AT THE BEGINNING OF A TELEPHONE SOLICITATION, A PERSON MAKING A TELEPHONE SOLICITATION TO A RESIDENTIAL TELEPHONE SUBSCRIBER SHALL STATE HIS OR HER NAME AND THE FULL NAME OF THE ORGANIZATION OR OTHER PERSON ON WHOSE BEHALF THE CALL IS INITIATED AND PROVIDE A TELEPHONE NUMBER OF THAT ORGANIZATION OR OTHER PERSON ON REQUEST. A NATURAL PERSON MUST BE AVAILABLE TO ANSWER THE TELEPHONE NUMBER AT ANY TIME WHEN TELEPHONE SOLICITATIONS ARE BEING MADE.

(2) THE PERSON ANSWERING THE TELEPHONE NUMBER REQUIRED UNDER SUBSECTION (1) SHALL PROVIDE A RESIDENTIAL TELEPHONE SUBSCRIBER CALLING THE TELEPHONE NUMBER WITH INFORMATION DESCRIBING THE ORGANIZATION OR OTHER PERSON ON WHOSE BEHALF THE TELEPHONE SOLICITATION WAS MADE TO THE RESIDENTIAL TELEPHONE SUBSCRIBER AND DESCRIBING THE TELEPHONE SOLICITATION.

SEC. 1C. (1) IT IS AN UNFAIR OR DECEPTIVE ACT OR PRACTICE AND A VIOLATION OF THIS ACT FOR A TELEPHONE SOLICITOR TO DO ANY OF THE FOLLOWING:

(A) MISREPRESENT OR FAIL TO DISCLOSE, IN A CLEAR, CONSPICUOUS, AND INTELLIGIBLE MANNER AND BEFORE PAYMENT IS RECEIVED FROM THE CONSUMER, ANY OF THE FOLLOWING INFORMATION:

(i) TOTAL PURCHASE PRICE TO THE CONSUMER OF THE GOODS OR SERVICES TO BE RECEIVED.

(ii) ANY RESTRICTIONS, LIMITATIONS, OR CONDITIONS TO PURCHASE OR TO USE THE GOODS OR SERVICES THAT ARE THE SUBJECT OF AN OFFER TO SELL GOODS OR SERVICES.

(iii) ANY MATERIAL TERM OR CONDITION OF THE SELLER'S REFUND, CANCELLATION, OR EXCHANGE POLICY, INCLUDING A CONSUMER'S RIGHT TO CANCEL A HOME SOLICITATION SALE UNDER SECTION 2 AND, IF APPLICABLE, THAT THE SELLER DOES NOT HAVE A REFUND, CANCELLATION, OR EXCHANGE POLICY.

(iv) ALL MATERIAL COSTS OR CONDITIONS RELATED TO RECEIVING A PRIZE, INCLUDING THE ODDS OF WINNING THE PRIZE, AND IF THE ODDS ARE NOT CALCULABLE IN ADVANCE, THE FACTORS USED IN CALCULATING THE ODDS, THE NATURE AND VALUE OF A PRIZE, THAT NO PURCHASE IS  NECESSARY TO WIN THE PRIZE, AND THE "NO PURCHASE REQUIRED" METHOD OF ENTERING THE CONTEST.

(v) ANY MATERIAL ASPECT OF AN INVESTMENT OPPORTUNITY THE SELLER IS OFFERING, INCLUDING, BUT NOT LIMITED TO, RISK, LIQUIDITY, EARNINGS POTENTIAL, MARKET VALUE, AND PROFITABILITY. 

(vi) THE QUANTITY AND ANY MATERIAL ASPECT OF THE QUALITY OR BASIC CHARACTERISTICS OF ANY GOODS OR SERVICES OFFERED.

(vii) THE RIGHT TO CANCEL A SALE UNDER THIS ACT, IF ANY.

(B) MISREPRESENT ANY MATERIAL ASPECT OF THE QUALITY OR BASIC CHARACTERISTICS OF ANY GOODS OR SERVICES OFFERED.

(C) MAKE A FALSE OR MISLEADING STATEMENT FOR THE PURPOSE OF INDUCING A CONSUMER TO PAY FOR GOODS OR SERVICES.

(D) REQUEST OR ACCEPT PAYMENT FROM A CONSUMER OR MAKE OR SUBMIT ANY CHARGE TO THE CONSUMER'S CREDIT OR BANK ACCOUNT BEFORE THE TELEPHONE SOLICITOR OR SELLER RECEIVES FROM THE CONSUMER AN EXPRESS VERIFIABLE AUTHORIZATION. AS USED IN THIS SUBDIVISION, "VERIFIABLE AUTHORIZATION" MEANS A WRITTEN AUTHORIZATION OR CONFIRMATION, AN ORAL AUTHORIZATION RECORDED BY THE TELEPHONE SOLICITOR, OR CONFIRMATION THROUGH AN INDEPENDENT THIRD PARTY.

(E) OFFER TO A CONSUMER IN THIS STATE A PRIZE PROMOTION IN WHICH A PURCHASE OR PAYMENT IS NECESSARY TO OBTAIN THE PRIZE.

(F) FAIL TO COMPLY WITH THE REQUIREMENTS OF SECTION 1A OR 1B.

(G) MAKE A TELEPHONE SOLICITATION TO A CONSUMER IN THIS STATE WHO HAS REQUESTED THAT HE OR SHE NOT RECEIVE CALLS FROM THE ORGANIZATION OR OTHER PERSON ON WHOSE BEHALF THE TELEPHONE SOLICITATION IS MADE.

(H) FOR AN ORGANIZATION OR OTHER PERSON ON WHOSE BEHALF TELEPHONE SOLICITATIONS ARE MADE IN THIS STATE, FAIL TO MAINTAIN A LIST OF NAMES AND TELEPHONE NUMBERS OF CONSUMERS WHO HAVE MADE A REQUEST DESCRIBED IN SUBDIVISION (G).

(I) SELL OR TRANSFER A LIST OF CONSUMERS AN ORGANIZATION OR OTHER PERSON IS REQUIRED TO MAINTAIN UNDER SUBDIVISION (H) TO ANY PERSON INCLUDING, BUT NOT LIMITED TO, AN AFFILIATE OF THE ORGANIZATION OR OTHER PERSON, FOR ANY PURPOSE UNRELATED TO THIS SECTION.

more>> http://michiganlegislature.org/documents/2001-2002/billengrossed/house/pdf/2001-HEBS-4042.pdf  

Home Sales Act

HOME SOLICITATION SALES (EXCERPT) 445.111 Definitions.

Sec. 1. As used in this act:

(a) “Home solicitation sale” means a sale of goods or services of more than $25.00 in which the seller or a person acting for the seller engages in a personal, telephonic, or written solicitation of the sale, the solicitation is received by the buyer at a residence of the buyer, and the buyer's agreement or offer to purchase is there given to the seller or a person acting for the seller. Home solicitation sale does not include any of the following:

(i) A sale made pursuant to a preexisting revolving charge account.

(ii) A sale made pursuant to prior negotiations between the parties at a business establishment at a fixed location where goods or services are offered or exhibited for sale.

(iii) A sale or solicitation of insurance by an insurance agent licensed by the commissioner of insurance.

(iv) A sale made at a fixed location of a business establishment where goods or services are offered or exhibited for sale.

(v) A sale made pursuant to a printed advertisement in a publication of general circulation.

(vi) A sale of services by a real estate broker or salesperson licensed by the department of consumer and industry services.

(vii) A sale of agricultural or horticultural equipment and machinery that is demonstrated to the consumer by the vendor at the request of either or both of the parties.

(b) “Fixed location” means a place of business where the seller or an agent, servant, employee, or solicitor of that seller primarily engages in the sale of goods or services of the same kind as would be sold at the residence of a buyer.

(c) “Business day” means Monday through Friday and does not include Saturday, Sunday, or the following business holidays: New Year's day, Martin Luther King's birthday, Washington's birthday, Memorial day, Independence day, Labor day, Columbus day, Veterans' day, Thanksgiving day, and Christmas day.

(d) “Federally insured depository institution” means a state or national bank, state or federal savings bank, state or federal savings and loan association, or state or federal credit union that holds deposits insured by an agency of the United States.

(e) “Goods or services” does not include either of the following:

(i) A loan, deposit account, or trust account lawfully offered or provided by a federally insured depository institution or a subsidiary or affiliate of a federally insured depository institution.

(ii) An extension of credit that is subject to any of the following acts:

(A) The mortgage brokers, lenders, and servicers licensing act, 1987 PA 173, MCL 445.1651 to 445.1684.

(B) The secondary mortgage loan act, 1981 PA 125, MCL 493.51 to 493.81.

(C) The regulatory loan act of 1963, 1939 PA 21, MCL 493.1 to 493.26.

(D) The consumer financial services act, 1988 PA 161, MCL 487.2051 to 487.2072.

(E) 1984 PA 379, MCL 493.101 to 493.114.

(F) The motor vehicle sales finance act, 1950 (Ex Sess) PA 27, MCL 492.101 to 492.141.

(f) “Written solicitation” means a postcard or other written notice delivered to a buyer's residence that requests that the buyer contact the seller or seller's agent by telephone to inquire about a good or service, unless the postcard or other written notice concerns a previous purchase or order or specifies the price of the good or service and accurately describes the good or service.

update>> http://michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-445-111&highlight=

445.112 Right of buyer to cancel home solicitation sale; time; notice of cancellation; restriction on right to cancel; sale subject to debtor's right to rescind.

Sec. 2. (1) Except as provided in subsection (5), in addition to any right otherwise to revoke an offer, a buyer has the right to cancel a home solicitation sale until midnight of the third business day after the day on which the buyer signs an agreement or offer to purchase that complies with this act. The seller in a home solicitation sale shall not acquire payment by having an independent courier service or other third party pick up the buyer's payment at the buyer's residence until after the buyer's right-to-revoke period prescribed by this act has expired.

(2) Cancellation occurs when the buyer mails or delivers the notice of cancellation provided for in section 3(2) or any other written notice, or sends a telegram, to the seller at the address stated in the notice of cancellation.

(3) A notice of cancellation or other written notice, if mailed to the seller, is given when it is deposited in a mailbox properly addressed and postage prepaid.

(4) A written notice or telegram given by the buyer other than the notice of cancellation need not take a particular form and is sufficient if it indicates by any form of written expression the intention of the buyer not to be bound by the home solicitation sale.

(5) A buyer may not cancel a home solicitation sale if the buyer requests the seller to provide goods or services without delay because of an emergency, and all of the following conditions are met:

(a) The seller in good faith makes a substantial beginning of performance of the contract before the buyer gives notice of cancellation.

(b) The buyer furnishes the seller with a separate dated and signed personal statement in the buyer's handwriting describing the situation requiring immediate remedy and expressly acknowledging and waiving the right to cancel the sale within 3 business days.

(c) In the case of goods, the goods cannot be returned to the seller in substantially as good condition as when received by the buyer.

(6) If a home solicitation sale is also subject to the debtor's right to rescind certain transactions, the buyer may proceed either under those provisions or under this section.

update>> http://michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-445-112&highlight= 

445.113 Written agreement or offer to purchase; contents; form; cancellation.

Sec. 3. (1) In a home solicitation sale, unless the buyer requests the seller to provide goods or services without delay in an emergency, the seller shall present to the buyer and obtain the buyer's signature to a written agreement or offer to purchase that designates as the date of the transaction the date on which the buyer actually signs.

The agreement or offer to purchase shall contain a statement substantially as follows in immediate proximity to the space reserved in the agreement or offer to purchase for the signature of the buyer:

“You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right. Additionally, the seller is prohibited from having an independent courier service or other third party pick up your payment at your residence before the end of the 3-business-day period in which you can cancel the transaction.”

(2) The seller shall attach to the copy or cause to be printed on the reverse side of the written agreement or offer to purchase retained by the buyer a notice of cancellation in duplicate that shall appear as follows:

(3) The notices required by this section shall be in not less than 10-point bold type and shall be 2 points larger than the text of the contract. A written agreement or offer to purchase and the notice of cancellation attached to the agreement or offer shall be written in the same language as that used in any oral presentation that was given to facilitate sale of the goods or services. The seller shall enter on the blanks in the notice of cancellation the date of transaction, which is the date the buyer signs the written agreement, and the date for mailing the notice of cancellation. An error in entering this information shall not diminish the buyer's rights under this act.

(4) Until the seller has complied with this section, the buyer may cancel the home solicitation sale by notifying the seller in any manner and by any means of his or her intention to cancel.

update>> http://michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-445-113&highlight= 

445.117 Action for collection of home solicitation sale contract.

Sec. 7. No person may bring any action in any court of this state for the collection of any home solicitation sale contract without proving that such person was at all times in compliance with this act.

update>> http://michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-445-117&highlight= 

Licensing of Adjusters

500.1201a Sale, solicitation, or negotiation of insurance; license required; applicability to excess and surplus lines agents and brokers.

Sec. 1201a. (1) A person shall not sell, solicit, or negotiate insurance in this state for any line of insurance unless the person is licensed for that qualification in accordance with this chapter.

(2) This chapter does not apply to excess and surplus lines agents and brokers licensed under chapter 19 except as provided in sections 1204e and 1206a.

update>> http://michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-500-1201a&highlight= 

500.1222 Adjuster's license required; exceptions.

Sec. 1222. A person shall not adjust loss or damage under a policy of insurance nor advertise, solicit business or hold himself out to the public as an adjuster unless he is licensed as an adjuster. This section does not apply to a person admitted to the practice of law in this state, to a licensed agent adjusting loss or damage under a policy within his control, to an employee of an insurer or a manager of an insurer authorized to transact insurance in this state adjusting loss or damage under a policy written by the insurer or to a marine average adjuster.

update>> http://michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-500-1222&highlight= 

500.1227 Conduct of adjuster; prohibitions.

Sec. 1227. (1) An adjuster for an insured shall not solicit or attempt to solicit a loss during progress of a loss-producing occurrence nor while the fire department or its representatives are engaged at the damaged premises.

(2) An adjuster for an insured shall not collect or attempt to collect a fee or charge from a repair contractor for obtaining repair work for the contractor.

(3) An adjuster for an insured shall not advance money or any other valuable thing to an insured pending adjustment of a claim.

update>> http://michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-500-1227&highlight= 

500.1202 Insurance producer license.

Sec. 1202. (1) This chapter shall not be construed to require an insurer to obtain an insurance producer license. As used in this section, the term “insurer” does not include an insurer's officers, directors, employees, subsidiaries, or affiliates.

(2) A license as an insurance producer is not required of any of the following:

(a) An officer, director, or employee of an insurer or of an insurance producer, provided that the officer, director, or employee does not receive any commission on policies written or sold to insure risks residing, located, or to be performed in this state and meets 1 or more of the following:

(i) The officer's, director's, or employee's activities are executive, administrative, managerial, clerical, or a combination of these, and are only indirectly related to the sale, solicitation, or negotiation of insurance.

(ii) The officer's, director's, or employee's function relates to underwriting, loss control, inspection, or the processing, adjusting, investigating, or settling of a claim on a contract of insurance.

(iii) The officer, director, or employee is acting in the capacity of a special agent or agency supervisor assisting insurance producers where the person's activities are limited to providing technical advice and assistance to licensed insurance producers and do not include the sale, solicitation, or negotiation of insurance.

(b) A person who performs and receives no commission for any of the following services:

(i) Securing and furnishing information for the purpose of group life insurance, group property and casualty insurance, group annuities, or group or blanket accident and health insurance.

(ii) Securing and furnishing information for the purpose of enrolling individuals under plans, issuing certificates under plans, or otherwise assisting in administering plans.

(iii) Performing administrative services related to mass marketed property and casualty insurance.

(c) An employer or association or its officers, directors, employees, or the trustees of an employee trust plan, to the extent that the employers, officers, employees, directors, or trustees are engaged in the administration or operation of a program of employee benefits for the employer's or association's own employees or the employees of its subsidiaries or affiliates, which program involves the use of insurance issued by an insurer, as long as the employers, associations, officers, directors, employees, or trustees are not in any manner compensated, directly or indirectly, by the company issuing the contracts.

(d) Employees of insurers or organizations employed by insurers who are engaging in the inspection, rating, or classification of risks, or in the supervision of the training of insurance producers and who are not individually engaged in the sale, solicitation, or negotiation of insurance.

(e) A person whose activities in this state are limited to advertising without the intent to solicit insurance in this state through communications in printed publications or other forms of electronic mass media where distribution is not limited to residents of the state, provided that the person does not sell, solicit, or negotiate insurance that would insure risks residing, located, or to be performed in this state.

(f) A person who is not a resident of this state who sells, solicits, or negotiates a contract of insurance for commercial property and casualty risks to an insured with risks located in more than 1 state insured under that contract, provided that that person is otherwise licensed as an insurance producer to sell, solicit, or negotiate that insurance in the state where the insured maintains its principal place of business and the contract of insurance insures risks located in that state.

(g) A salaried full-time employee who counsels or advises his or her employer concerning the insurance interests of the employer or of the subsidiaries or business affiliates of the employer provided that the employee does not sell or solicit insurance or receive a commission.

update>> http://michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-500-1202&highlight=  or table of contents http://michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-218-1956-12&highlight= 

Diminished Value

We have not found a law. 

State Departments of Insurance

This article may be downloaded for use by a single individual. It may not be copied or faxed or mailed to others. It may be reprinted only with written permission from Beyond Parts & Equipment. Published in Beyond Parts & Equipment, 2002 , © 2002, Millennium Publications, Inc. Other use or publication of this version is strictly prohibited.