Michigan statute

MCL 500.3107e: How Coverage Selections Must Be Made

Michigan No-Fault Act, Insurance Code chapter 31

Michigan No-Fault Law, section by section › MCL 500.3107e

Delivery of forms under MCL 500.3009, 500.3107c, 500.3107d; method of selection or election for forms.

In plain terms

Forms under sections 3009, 3107c and 3107d must be delivered in person, by first-class mail or electronically, and a selection or election is effective only if the person signs a paper form, gives recorded verbal instructions (with the insurer bearing the burden of producing the recording in any dispute), or signs electronically under the Uniform Electronic Transactions Act.

How this section works in practice

The coverage selections under sections 3009 (liability limits), 3107c (PIP medical level) and 3107d (Medicare opt-out) are only effective if they are made the way this section requires. The form must be delivered in person, by first-class mail or electronically, and the selection must be made by signing the paper form, by giving recorded verbal instructions, or by an electronic signature under the Uniform Electronic Transactions Act.

The recorded-instruction rule is the part that decides disputes. If an insurer claims a customer chose a $250,000 cap by phone but cannot produce the recording, subsection (2)(b) presumes the selection was not effective, and section 3107c(4) then treats the policy as unlimited. Anyone facing a denial based on "you selected a lower limit" should demand the signed form or the recording before accepting the cap.

Text of MCL 500.3107e

Sec. 3107e.

(1) A form under section 3009, 3107c, or 3107d must be delivered to the applicant or named insured using 1 of the following methods:

(a) Personal delivery.

(b) First-class mail, postage prepaid.

(c) Electronic means in accordance with section 2266.

(2) A person must make a selection under section 3009 or 3107c, or an election under section 3107d in 1 of the following ways:

(a) Marking and signing a paper form.

(b) Giving verbal instructions, in person or telephonically, that the form be marked and signed on behalf of the person. To be an effective selection or election, the verbal instructions must be recorded and the recording maintained by the person to whom the instructions were given. If there is a dispute over the effectiveness of a selection or election under this subdivision, there is a presumption that the selection or election was not effective and the insurer has the burden of rebutting the presumption with the recording.

(c) Electronically marking the form and providing an electronic signature as provided in the uniform electronic transactions act, 2000 PA 305, MCL 450.831 to 450.849.

History: Add. 2019, Act 21, Imd. Eff. June 11, 2019

Source: MCL 500.3107e at legislature.mi.gov (official text). Text as published in the 2025 Michigan Compiled Laws; reviewed by Koussan Law on September 15, 2026.

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Important: This is not legal advice

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