Section 500.2477c - Attorney representing plaintiff or defendant in regard to municipal liability or professional liability claim; submission of data to commissioner; retention, filing, and release of
THE INSURANCE CODE OF 1956 (EXCERPT)
Act 218 of 1956
500.2477c Attorney representing plaintiff or defendant in regard to municipal liability or professional liability claim; submission of data to commissioner; retention, filing, and release of data and information; liability.
Sec. 2477c.
(1) Every attorney licensed to practice law in this state who represents a plaintiff or defendant in regard to a municipal liability claim arising in this state or a professional liability claim against a health care provider licensed by the Michigan board of medicine, the Michigan board of osteopathic medicine and surgery, the Michigan board of podiatric medicine and surgery, the Michigan board of dentistry, the Michigan board of optometry, or the Michigan board of chiropractic shall submit the data prescribed in this section at the times prescribed in this section.
(2) The following data shall be furnished to the commissioner pursuant to subsection (1) within 30 days after an answer is filed on behalf of a plaintiff or defendant:
(a) The name of the plaintiff or defendant.
(b) The name of the attorney.
(c) The date of the injury.
(d) The date of the filing of the complaint, if any.
(e) The nature of the complaint.
(f) Any other information the commissioner may require.
(3) The following data shall be furnished to the commissioner within 30 days after any judgment, settlement, or dismissal of a claim described in subsection (1):
(a) The name of the plaintiff or defendant.
(b) The name of the attorney.
(c) The date of the injury.
(d) The date of the filing of the complaint, if any.
(e) The nature of the complaint.
(f) The amount of any judgment.
(g) The amount of any settlement, whether negotiated pursuant to an action or without the filing of a complaint for damages.
(h) Of the amounts provided in subdivisions (f) and (g), the amount attributable to economic damages and noneconomic damages.
(i) Any other information the commissioner may require.
(4) The insurance commissioner shall retain the information and maintain the files in the form and for a period as he or she shall determine necessary in his or her sole discretion. The commissioner shall maintain the data and information filed in accordance with this section as confidential records and shall not release the data and information except for bona fide research, educational, licensing, actuarial, department of social services subrogation, or legislative purposes. However, the commissioner shall not release the name of any person that is part of the data and information filed in accordance with this section. The commissioner in his or her sole discretion shall determine the validity of any request for the information.
(5) There is no liability on the part of, and a cause of action of any nature shall not arise against, an attorney reporting under this section or the attorney's agents or employees, or the commissioner or his or her representatives, for any action taken by them pursuant to this section.
History: Add. 1986, Act 173, Imd. Eff. July 7, 1986 ;-- Am. 1994, Act 438, Eff. Mar. 30, 1995
Popular Name: Act 218