2023 Michigan Compiled Laws › Chapter 500 - Insurance Code of 1956 › Act 218 of 1956 - The Insurance Code of 1956 (500.100 - 500.8302) › 218-1956-33 - Chapter 33 Automobile Insurance Placement Facility (500.3301...500.3390) › Section 500.3330 - Board of Governors; Powers Generally; Establishment of Automatic Data Processing System.

500.3330 Board of governors; powers generally; establishment of automatic data processing system.
Sec. 3330.
(1) The board of governors has the power to direct the operation of the facility, including, at a minimum, the power to do all of the following:
(a) To sue and be sued in the name of the facility. A judgment against the facility shall not create any liabilities in the individual participating members of the facility.
(b) To delegate ministerial duties, to hire a manager, to hire legal counsel, and to contract for goods and services from others.
(c) To assess participating members on the basis of participation ratios pursuant to section 3303 to cover anticipated costs of operation and administration of the facility, to provide for equitable servicing fees, and to share losses, profits, and expenses pursuant to the plan of operation.
(d) To impose limitations on cancellation or nonrenewal by participating members of facility-placed business, in addition to the limitations imposed by chapters 21 and 32.
(e) To provide for a limited number of participating members to receive equitable distribution of applicants; or to provide for a limited number of participating members to service applicants in a plan of sharing of losses in accordance with section 3320(1)(c) and the plan of operation.
(f) To provide for standards of performance of service for the participating members designated under subdivision (e).
(g) To adopt a plan of operation and any amendments to the plan, consistent with this chapter, necessary to assure the fair, reasonable, equitable, and nondiscriminatory manner of administering the facility, including compliance with chapter 21, and to provide for any other matters necessary or advisable to implement this chapter, including matters necessary to comply with the requirements of chapter 21.
(h) To assess self-insurers and insurers consistent with chapter 31 and the assigned claims plan approved under section 3171.
(2) The board of governors shall institute or cause to be instituted by the facility or on its behalf an automatic data processing system for recording and compiling data relative to individuals insured through the facility. An automatic data processing system established under this subsection shall, to the greatest extent possible, be made compatible with the automatic data processing system maintained by the secretary of state, to provide for the identification and review of individuals insured through the facility.
History:
Add. 1969, Act 346, Eff. Apr. 1, 1970 ;-- Am. 1979, Act 145, Eff. Jan. 1, 1981 ;-- Am. 2012, Act 204, Imd. Eff. June 27, 2012
Compiler's Notes:
Act 143 of 1993, which amended this section, was submitted to the people by referendum petition (as Proposal C) and rejected by a majority of the votes cast at the November 8, 1994, general election.
Popular Name:
Act 218
Popular Name:
Essential Insurance