Overview: The Essential Insurance Act

Chapter 21 of the Michigan Insurance Code is known as the Essential Insurance Act. Enacted in 1979, its primary purpose is to ensure that basic property and casualty insurance — particularly automobile and homeowners coverage — remains available and affordable to Michigan residents. Chapter 21 regulates how insurers may price, renew, and cancel personal lines coverage.

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Exam Tip

Chapter 21 applies primarily to personal automobile and homeowners insurance. Commercial lines are governed by separate chapters of the Insurance Code.

Rating and Underwriting Standards

Insurers writing personal lines insurance in Michigan must file their rating plans, rules, and underwriting guidelines with DIFS. Rates must not be excessive, inadequate, or unfairly discriminatory. When an insurer intends to use a new rating factor or underwriting criterion, it must demonstrate to the Director that the factor is actuarially justified and does not constitute unfair discrimination.

Producers who understand rate filing requirements are better positioned to explain premium differences to clients and to identify potentially improper denials.

Cancellation of Personal Lines Policies

Chapter 21 imposes strict requirements on mid-term cancellations. After the first 55 days of coverage (the underwriting period), an insurer may cancel only for the following specific grounds:

• Nonpayment of premium
• The policy was obtained through material misrepresentation
• The insured has violated the terms and conditions of the policy
• The named insured or any resident operator has had driving privileges suspended or revoked
• The named insured or any resident operator has been convicted of certain specified offenses

Important to Know!

A mid-term cancellation for any reason not specifically permitted under Chapter 21 is unlawful. Producers must communicate valid cancellation grounds accurately and must not assist an insurer in issuing a cancellation notice that lacks a lawful basis.

Notice Requirements for Cancellation and Nonrenewal

Michigan law establishes minimum notice periods that must be strictly followed:

• Mid-term cancellation (other than nonpayment): at least 30 days’ written notice
• Mid-term cancellation for nonpayment of premium: at least 10 days’ written notice
• Nonrenewal: at least 20 days’ notice before the policy expiration date

All cancellation and nonrenewal notices must state the specific reason for the action. A notice that fails to include a valid stated reason is defective, and the cancellation may be deemed ineffective.

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Exam Tip

Notice counting begins the day after the notice is mailed or delivered, not on the day of mailing. Producers should always document the date and method of delivery to avoid disputes.

Insured’s Right to Explanation

An insured who receives a cancellation or nonrenewal notice has the right to request, in writing, the specific reasons for the action within 30 days of receiving the notice. The insurer must respond in writing within 10 days of receiving the request.

Producers should proactively inform clients of this right and, when possible, assist clients in determining whether a cancellation notice is lawful before the effective date passes.

MAIPF and the Residual Market

The Michigan Automobile Insurance Placement Facility (MAIPF) is Michigan’s assigned risk plan. It ensures that any vehicle owner who is unable to obtain automobile insurance through the voluntary market can obtain the required minimum coverage. Producers who service MAIPF policies must adhere to the same ethical and legal standards as in the voluntary market, and premiums collected for MAIPF policyholders remain fiduciary funds subject to prompt remittance requirements.

Key Definitions

Definitions

Essential insurance

Basic property and casualty coverage — particularly auto and homeowners — that the legislature determined must remain available to Michigan residents.

Rating plan

The schedule of premiums, credits, and surcharges filed by an insurer that determines the premium charged for a specific risk.

Nonrenewal

An insurer’s decision not to renew a policy at expiration, distinct from a mid-term cancellation.

MAIPF

Michigan Automobile Insurance Placement Facility — the assigned risk mechanism ensuring coverage availability for high-risk drivers.

Material misrepresentation (application)

A false or misleading statement made by an applicant that, if material, may justify rescission or mid-term cancellation.