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2014 House Bill 5558: Clarify preemption of insurance lawsuits under Consumer Protection Act

Public Act 251 of 2014

Introduced by Rep. Tom Leonard (R) on May 8, 2014
To clarify that a prohibition of "unfair practices" lawsuits against insurance companies under the state Consumer Protection Act (rather than the state's Insurance Code) applies even if the cause of action occurred before a 2001 law was enacted specifying that industries like insurance which are already subject to a comprehensive state regulatory regime are not covered by the Consumer Protection Act.   Official Text and Analysis.
Referred to the House Judiciary Committee on May 8, 2014
Reported in the House on May 22, 2014
Without amendment and with the recommendation that the bill pass.
Amendment offered by Rep. Jeff Irwin (D) on June 5, 2014
To tie-bar the bill to House Bill 5522, meaning this bill cannot become law unless that one does also. HB 5522 would authorize penalties of $10,000 plus three times the amount of any benefits withheld and attorney costs for a insurer that fails to pay a claims in a timely manner due to a variety of specified unfair practices.
The amendment failed by voice vote in the House on June 5, 2014
Amendment offered by Rep. Jeff Irwin (D) on June 5, 2014
To tie-bar the bill to House Bill 5521, meaning this bill cannot become law unless that one does also. HB 5521 would essentially authorize what this bill prohibits.
The amendment failed by voice vote in the House on June 5, 2014
Amendment offered by Rep. Jeff Irwin (D) on June 5, 2014
To tie-bar the bill to House Bill 5520, meaning this bill cannot become law unless that one does also. HB 5520 would essentially authorize what this bill prohibits.
The amendment failed by voice vote in the House on June 5, 2014
Amendment offered by Rep. Sam Singh (D) on June 5, 2014
To tie-bar the bill to House Bill 5378, meaning this bill cannot become law unless that one does also. HB 5378 would essentially authorize what this bill prohibits.
The amendment failed by voice vote in the House on June 5, 2014
Amendment offered by Rep. Kate Segal (D) on June 5, 2014
To authorize what this bill prohibits.
The amendment failed by voice vote in the House on June 5, 2014
Amendment offered by Rep. Phil Cavanagh (D) on June 5, 2014
To essentially authorize what this bill prohibits, and undo the 2001 law that created the prohibition.
The amendment failed by voice vote in the House on June 5, 2014
Amendment offered by Rep. Tom McMillin (R) on June 5, 2014
To remove the law's retroactive prohibition of lawsuits for insurance company actions taken before the 2001 preemption law, but create a July 1, 2014 deadline for filing such a suit.
The amendment failed by voice vote in the House on June 5, 2014
Amendment offered by Rep. Klint Kesto (R) on June 5, 2014
To remove the law's retroactive prohibition of lawsuits that have already been filed for insurance company actions taken before the 2001 preemption law.
The amendment passed by voice vote in the House on June 5, 2014
Passed 57 to 49 in the House on June 5, 2014.
    See Who Voted "Yes" and Who Voted "No".
To clarify that a prohibition of "unfair practices" lawsuits against insurance companies under the state Consumer Protection Act (rather than the state's Insurance Code) applies even if the cause of action occurred before a 2001 law was enacted specifying that industries like insurance which are already subject to a comprehensive state regulatory regime are not covered by the Consumer Protection Act. Lawsuits that have already been filed could still proceed, however.
Received in the Senate on June 10, 2014
Referred to the Senate Insurance Committee on June 10, 2014
Reported in the Senate on June 11, 2014
With the recommendation that the bill pass.
Passed 24 to 13 in the Senate on June 12, 2014.
    See Who Voted "Yes" and Who Voted "No".
(same description)
To clarify that a prohibition of "unfair practices" lawsuits against insurance companies under the state Consumer Protection Act (rather than the state's Insurance Code) applies even if the cause of action occurred before a 2001 law was enacted specifying that industries like insurance which are already subject to a comprehensive state regulatory regime are not covered by the Consumer Protection Act. Lawsuits that have already been filed could still proceed, however.
Motion by Sen. Gretchen Whitmer (D) on June 12, 2014
To give the bill immediate effect.
The motion failed 25 to 12 in the Senate on June 12, 2014.
    See Who Voted "Yes" and Who Voted "No".
Motion by Sen. Arlan Meekhof (R) on June 12, 2014
That the bill be given immediate effect.
The motion failed 25 to 10 in the Senate on June 12, 2014.
    See Who Voted "Yes" and Who Voted "No".
Signed by Gov. Rick Snyder on June 21, 2014

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