Section 500.1619 - Loss incurred; payment; reduced net debt or actual cash value amounts; subrogation; written statement; towing and storage charges.
THE INSURANCE CODE OF 1956 (EXCERPT)
Act 218 of 1956
500.1619 Loss incurred; payment; reduced net debt or actual cash value amounts; subrogation; written statement; towing and storage charges.
Sec. 1619.
(1) If a loss is incurred under a creditor-placed insurance policy, the insurer shall pay, at a minimum, the lesser of the following, determined as of the date of loss:
(a) The cost to repair the collateral less any applicable deductible.
(b) The actual cash value of the collateral, less any applicable deductible.
(c) The net debt, less any applicable deductible. The method of calculation of net debt payable pursuant to this subdivision shall be identical to the method of calculation of net debt for payment of premiums pursuant to section 1609(1).
(d) If single interest insurance is provided, the amount by which the creditor's interest is impaired.
(2) The net debt or actual cash value amounts in subsection (1) may be reduced by the value of salvage if the insurer does not take possession of the insured property.
(3) In the event of a loss, no subrogation shall run against the debtor from the insurer.
(4) Whenever a claim is made on a creditor-placed insurance policy, the insurer shall furnish to the claimant a written statement of the loss explaining the settlement amount and the method of settlement.
(5) A creditor or insurer shall not abandon salvage to a towing or storage facility in lieu of payment of storage fees without the consent of the facility and the claimant. The insurer shall be responsible for the payment of towing and storage charges for a covered loss occurrence from the time the claim is reported to the insurer in accordance with the terms of the policy to the time the claim is paid. The insurer shall give written notice to the claimant when the claim is paid that the claimant may incur storage charges after the date the claim is paid.
History: Add. 2002, Act 655, Eff. Mar. 23, 2003
Popular Name: Act 218