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• Introduced by Rep. Mary Valentine (D) on May 27, 2009, to allow a person who believes that an insurance provider has not dealt fairly and in good faith to sue for compensatory, consequential, and exemplary (punitive) damages proximately caused by the breach, notwithstanding the prohibition on punitive damages in other areas of Michigan tort law.
  • Referred to the House Insurance Committee on May 27, 2009.
    • Reported in the House on August 19, 2009, with the recommendation that the substitute (H-2) be adopted and that the bill then pass.
  • Substitute offered in the House on August 19, 2009, to replace the previous version of the bill with one that revises details but does not change the substance of the bill as previously described. The substitute passed by voice vote in the House on August 19, 2009.
  • Amendment offered by Rep. Cindy Denby (R) on August 19, 2009, to require a person to exhaust "all administrative remedies" before bringing a lawsuit under the provisions of the bill. Having to wait more than 120 days for a ruling by the state insurance commission would be considered "exhausting all administrative remedies". The amendment failed by voice vote in the House on August 19, 2009.
  • Amendment offered by Rep. Pete Lund (R) on August 19, 2009, to impose "loser pay" rules on lawsuits the bill would allow against insurance companies if the court finds the suit frivolous. The amendment failed by voice vote in the House on August 19, 2009.
  • Amendment offered by Rep. Kevin Green (R) on August 19, 2009, to cap attorney fees awarded under the bill's provsions at one-third of the first $100,000; 15 percent of the amount between $100,000 and $500,000; and 10 percent of the amount between $500,000 and $1 million. The amendment failed by voice vote in the House on August 19, 2009.
  • Amendment offered by Rep. Joseph Haveman (R) on August 19, 2009, to also place the burden to act "fairly and good faith" on trial attorneyes suing an insurance company for alleged failure to act in that way. The amendment failed by voice vote in the House on August 19, 2009.
• Passed 61 to 45 in the House on August 19, 2009.
  Who Voted "Yes" and Who Voted "No"
• Received in the Senate on August 26, 2009.
  • Referred to the Senate Economic Development and Regulatory Reform Committee on August 26, 2009.