Wayne County Circuit Court; Docket No. 73-248-068-CZ; Unpublished
Judge Horace W. Gilmore; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
General / Miscellaneous [§3101]
TOPICAL INDEXING:
Legislative Purpose and Intent
CASE SUMMARY:
This written Opinion by Judge Gilmore was the result of a remand order by the Supreme Court for a determination of the constitutionality of §3101(1) of Act 294 of 1972 in light of the passage of Act 145 of 1979. In short, Judge Gilmore concluded that Public Act 145 cured the constitutional defects referred to by the Supreme Court in its decision in item number 85. Judge Gilmore ruled that objective, understandable and uniform underwriting rules are contained in Act 145. It is further clear that those drivers who cannot obtain coverage because of the invocation of underwriting rules that exclude them are entitled to coverage under the assigned risk plan. In addition, §2111 sets forth an exclusive list of rating factors. These factors are the only ones that may legally be used by an insurer in setting the price of a person's insurance. Judge Gilmore concluded, "It is hard to see what more could be done by the legislature to guarantee that competition and marketplace controls will control excessive rates. It is clear that Act 145 has met the mandate of Shavers."