Michigan Votes Forum

Introduced in the House on March 24, 2009, to revise the definition of "serious impairment of body function" in the no fault auto insurance law. A person who causes such an injury may be subject to a lawsuit for “pain and suffering” damages otherwise barred by the no fault law. This relates to controversial Supreme Court decision in Kreiner v. Fischer. See introduced version for a fuller description

The vote was 68 in favor, 42 opposed and 0 not voting

(House Roll Call 143 at House Journal 0)

Click here to view bill details.

Rep. McMillin, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

Serious changes need to be made to correct the effects of Kreiner. This bill, though, went too far. I hope to see this bill back from the Senate in a form I can support - that corrects many wrongs from Kreiner.”

Rep. Haines, having reserved the right to explain her protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

I oppose this change because it will dramatically increase the cost of car insurance at a time when our economy is already weak and families are struggling to get by. It also includes a provision making the change retroactive, which will set a chilling and dangerous precedent that will discourage job providers from investing in our state.

For these reasons I cannot support this bill at this time.”

 

I'm glad you don't support this bill as it stands.  I can't believe the mess this will make in Michigan if it is allowed to  be "retroactive" as I am sure many Michiganders who were exemplary drivers took out car insurance liability amounts that were in line with the Kreiner Laws threshhold.  If this bill is passed and made to be retroactive, I am sure people will be caught grossly underinsured by suit seekers since they insured themselves with an amount they felt comfortable with having the Kreiner law intact.  This bill should not be retroactive so that people will have the chance to reassess their own liability limits with their insurance companies and given a chance to "up their insurance policies" so they will have enough coverage to now cover the nuisance suits that will occur.

  Thank you  for your time and concern.