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Essential Insurance Act Complaint Process
The Essential Insurance Act, Chapter 21 of the Michigan Insurance Code, was enacted to provide a complaint resolution process. The Essential Insurance Act complaint resolution process is for individuals who have been denied auto or homeowners insurance, or believe they are being charged an incorrect premium by their insurance company for auto or homeowners insurance.;
The complaint resolution process consists of the following steps:
- An informal managerial level conference with the insurance company
- A Review and Determination with DIFS
- A formal appeal process
Frequently Asked Questions
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How do I know if my concerns qualify for the Essential Insurance Act process?
The Essential Insurance Act defines a complaint as one that involves the denial or termination of auto or homeowners insurance or being charged a premium for auto or homeowners insurance that is inconsistent with the rates approved by DIFS.
If you have a dispute with your insurance company, we encourage you to attempt to first resolve your dispute directly with your insurance company. If you continue to disagree with their decision, you may file a complaint with DIFS. If your complaint is subject to the Essential Insurance Act, DIFS may ask your insurer to start the dispute resolution process.
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What types of complaints are not subject to the Essential Insurance Act?
The Essential Insurance Act only applies to the denial or termination of an auto or homeowners insurance policy or to a dispute over the amount of auto or homeowners insurance premium charged. Additionally, only personal auto or homeowners insurance policies issued on a non-group (individual) basis apply to the Essential Insurance Act. Whether a policy is deemed to be group or non-group is determined by how the insurance company has filed their rates with DIFS.This is determined by the section of the Michigan Insurance Code an insurance company has filed their rates with DIFS under. Please know, if you file a complaint with our office, DIFS will determine if your insurance policy is subject to this law.
Any other issues you are experiencing with your auto or homeowners insurance, including claim disputes, will be reviewed through DIFS' normal complaint process.
If you have a dispute with your insurance company, we encourage you to attempt to first resolve your dispute directly with your insurance company. If you continue to disagree with their decision, you may file a complaint with DIFS.
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What is an informal managerial level conference?An informal managerial level conference is a conference between you and the insurance company. The conference is generally held through a phone call. Upon conclusion of the managerial level conference, the insurance company will send a letter summarizing their decision and how to request a Review and Determination with DIFS if you continue to disagree with their decision.
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How and when do I request an informal managerial level conference?If your concerns qualify for the Essential Insurance Act review process, the first step is to request, in writing, an informal managerial level conference from your insurance company.
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How long does the insurance company have to respond to my request for an informal managerial level conference?
The insurance company must conduct a conference with you within 30 days of your request. Once the conference is concluded, the insurance company is required to provide you a proposed resolution, in writing, regarding your concerns.
If you are not satisfied with the proposed resolution, or if the insurance company fails to host the conference within 30 days, you may be eligible to request a Review and Determination with DIFS.
You may request a Review and Determination with DIFS by completing and submitting the form.
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I requested an informal managerial level conference and was not provided a conference with the insurance company. What are my options?If the insurance company fails to hold the conference within 30 days of your request, you may be eligible to request a Review and Determination with DIFS. You must submit your request for a Review and Determination to DIFS within 120 days after the end of the 30-day period (i.e., within 150 days after you submitted your request to your insurer).
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What is a Review and Determination?
A Review and Determination is an informal meeting with you, DIFS, and your insurance company regarding your complaint.
The Review and Determination can be completed through a teleconference, written materials, or in-person meeting at DIFS. Regardless of the format, both you and the insurance company will have an opportunity to express your positions. This can be done through verbal comments during the meeting and through written materials provided to DIFS.
Once the Review and Determination is completed, DIFS will issue a determination within 15 business days.
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How and when should I request a Review and Determination with DIFSAfter an informal managerial level conference has been completed with the insurance company, you may request a Review and Determination with DIFS within 120 days of the date the insurance company sends you a proposed resolution. If the insurance company fails to hold a managerial level conference, you have an extra 30 days to request a Review and Determination (i.e.,150 days). You may request a Review and Determination with DIFS by completing and submitting the form.
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What is a formal appeal?
Should you or the insurance company disagree with the results of the Review and Determination, a request for an appeal may be submitted, in writing, to DIFS within 60 days of the determination.
The appeal will be referred to an Administrative Law Judge, who will conduct a formal contested case hearing in the matter. The Administrative Law Judge will hear the testimony of the witnesses, review the evidence, and make a recommendation to the Director of DIFS. A final determination of the case will be made and both parties will be informed of this decision.
Appeals should be sent to:
Department of Insurance and Financial Services
P.O. Box 30220
Lansing, MI 48909
Fax: 517-284-8837
Email: DIFScomplaints@michigan.gov -
Where can I find more information about auto and home insurance?
Additional information regarding eligibility for auto and homeowners insurance can be found in DIFS' publications below:
- Auto Insurance: Are You Eligible?
- The Michigan Automobile Insurance Placement Facility
- Homeowners Insurance: Are You Eligible?
You may also review additional resources and publications regarding auto and homeowners insurance on DIFS' website
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Who do I contact if I have more questions?If you have additional questions, please reach out to DIFS at 877-999-6442, email us at DIFSComplaints@Michigan.gov, or visit Michigan.gov/DIFS.