Section 500.2041 - Unfair methods of competition or deception; court review of orders, findings of fact conclusive, modification; additional evidence.
THE INSURANCE CODE OF 1956 (EXCERPT)
Act 218 of 1956
500.2041 Unfair methods of competition or deception; court review of orders, findings of fact conclusive, modification; additional evidence.
Sec. 2041.
(1) Any order or decision of the commissioner under this uniform trade practices act shall be subject to review as provided in section 244. The findings of fact of the commissioner, and any modification thereof as provided for in subsection (2) of this section, if supported by the preponderance of the evidence, shall be conclusive.
(2) To the extent that the order of the commissioner is affirmed, the court shall thereupon issue its own order commanding obedience to the terms of such order of the commissioner. If either party shall apply to the court for leave to adduce additional evidence, and shall show to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the commissioner, the court may order such additional evidence to be taken before the commissioner and to be adduced upon the hearing in such manner and upon such terms and conditions as to the court may seem proper. The commissioner may modify his findings of fact, or make new findings by reason of the additional evidence so taken, and he shall file such modified or new findings, which, if supported by the preponderance of the evidence, shall be conclusive, and his recommendation, if any, for the modification or setting aside of his original order, with the return of such additional evidence.
History: 1956, Act 218, Eff. Jan. 1, 1957
Popular Name: Act 218