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SENATE BILL NO. 1070
A bill to amend 1956 PA 218, entitled
"The insurance code of 1956,"
by amending section 2080 (MCL 500.2080), as amended by 2023 PA 167.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2080. (1) A life or accident insurer authorized to do 1
business in this state shall not own, manage, supervise, operate, 2
or maintain a funeral establishment or permit its officers, agents, 3
or employees to own or maintain a funeral establishment. 4
(2) Except as otherwise provided in subsection (6), a life 5
insurance company, a sick or funeral benefit company, or a company, 6
June 23, 2026, Introduced by Senators VICTORY, WEBBER, HERTEL and SANTANA and
referred to Committee on Regulatory Affairs.
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corporation, or association engaged in a similar business shall not 1
contract or agree with a funeral director, undertaker, or mortuary 2
to the effect that the funeral director, undertaker, or mortuary 3
conducts the funeral of a person insured by the company, 4
corporation, or association. 5
(3) A funeral establishment, cemetery, or seller must not be 6
licensed as an insurance producer under chapter 12 other than as a 7
limited licensee under this subsection and chapter 12. A funeral 8
establishment, cemetery, or seller must not be a limited life 9
insurance producer unless the funeral establishment, cemetery, or 10
seller provides a written assurance to the director at the time of 11
application for the limited licensure and with each license renewal 12
that he or she the funeral establishment, cemetery, or seller has 13
read and understands the conditions contained in subsection (9) and 14
agrees to comply with those conditions. A person licensed as a 15
limited life insurance producer under this subsection and chapter 16
12 is authorized and licensed to sell only an associated life 17
insurance policy or annuity contract and is not authorized or 18
licensed to sell any other type of insurance policy or annuity 19
contract. A person licensed as a limited life insurance producer 20
under this subsection and chapter 12 to sell associated life 21
insurance policies or annuity contracts shall not sell cemetery 22
goods or services or funeral goods or services unless all of the 23
conditions provided in subsection (9) are met. A person licensed as 24
a life insurance producer, other than a limited life insurance 25
producer, shall not sell cemetery goods or services or funeral 26
goods or services or be associated with a funeral establishment, 27
cemetery, or seller. Notwithstanding any other provision in this 28
act, a funeral establishment, cemetery, or seller may advise 29
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customers or potential customers of the availability of life 1
insurance, the proceeds of which may be assigned under subsection 2
(6), and may provide application forms and other information 3
regarding that life insurance. If an application form is provided, 4
the funeral establishment, cemetery, or seller shall also provide 5
to the person a list annually prepared by the director that lists 6
the life insurance companies that offer Michigan associated life 7
insurance policies or annuity contracts. The list must include the 8
name, address, and telephone number of a producer for each of the 9
life insurance companies listed. The list also must include a 10
statement that a person who is insured under any life insurance 11
policy or annuity contract may assign all or a portion of the 12
proceeds, not to exceed the amount provided in subsection (6)(g), 13
of the existing life insurance policy or annuity contract for the 14
payment of funeral services or goods or cemetery services or goods 15
to any funeral establishment, cemetery, or seller that has accepted 16
any other assignment of an associated life insurance policy or 17
annuity contract during that calendar year. The funeral 18
establishment, cemetery, or seller shall accept an assignment of 19
the proceeds from any associated or nonassociated life insurance 20
policy or annuity contract under subsection (6), and this 21
requirement on the funeral establishment, cemetery, or seller must 22
be set forth in the statement prepared by the director. The 23
assignor or the person or persons legally entitled to make funeral 24
arrangements for the person whose life was insured may contract 25
with the funeral establishment, cemetery, or seller of his or her 26
the assignor's or person's choice for the rendering of the funeral 27
goods or services or cemetery goods or services. Except as 28
otherwise provided in this subsection, each associated life 29
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insurance policy or annuity contract delivered or issued for 1
delivery in this state must have a death benefit that is sufficient 2
to cover the initial contract price of the cemetery goods or 3
services or funeral goods or services. However, a life insurer may 4
provide an associated life insurance policy or annuity contract 5
with a limited death benefit to an insured who does not meet 6
insurance requirements for a policy that provides immediate full 7
coverage or who chooses not to answer medical questions required 8
for a policy that provides immediate full coverage. An associated 9
life insurance policy or annuity contract with a limited death 10
benefit must disclose in boldfaced type that the death benefit will 11
not be sufficient to cover the initial contract price for the 12
cemetery goods and services or funeral goods and services for a 13
period of up to 2 years if the premium is not paid in full and that 14
during this period the price for those goods and services may 15
increase at a rate higher than the increase in the Consumer Price 16
Index for this period. 17
(4) A person must not be designated as the beneficiary in any 18
policy of life or accident insurance under which the beneficiary, 19
directly or indirectly, must, in return for all or a part of the 20
proceeds of the policy of insurance, furnish cemetery services or 21
goods or funeral services or goods in connection with the policy. 22
(5) Except as otherwise provided in subsection (6), a life or 23
accident or sick or funeral benefit company, or any other person, 24
shall not offer or furnish goods or services or anything but money 25
to its insureds or the insured's heirs, representatives, attorneys, 26
relatives, associates, or assigns in connection with, or by way of 27
encumbrance, assignment, payment, settlement, satisfaction, 28
discharge, or release of, an insurance policy. However, this 29
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subsection does not prohibit a company, corporation, or association 1
from furnishing medical, surgical, or hospital service. 2
(6) Notwithstanding any other provision in this act, a life 3
insurer may write a life insurance policy or annuity contract that 4
is subject to an assignment of the proceeds of the insurance policy 5
or annuity contract as payment for cemetery services or goods or 6
funeral services or goods as provided in this subsection regardless 7
of the relationship between the life insurer and the assignee. An 8
assignment of the proceeds of the insurance policy or annuity 9
contract under this subsection must be in writing on a form 10
approved by the director. A predeath assignment of the proceeds of 11
a life insurance policy or annuity contract as payment for cemetery 12
services or goods or funeral services or goods is void unless all 13
of the following conditions and criteria are met: 14
(a) The assignment is an inseparable part of the contract for 15
the cemetery services or goods or funeral services or goods for 16
which the assigned proceeds serve as payment. 17
(b) The assignment is revocable by the assignor, the 18
assignor's successor, or if the assignor is the insured, the 19
representative of the insured's estate before the cemetery services 20
or goods or funeral services or goods are provided. 21
(c) The contract for funeral services or goods or cemetery 22
services or goods and the assignment provide that on revocation of 23
the assignment, the contract for the cemetery services or goods or 24
funeral services or goods is revoked and cemetery services or goods 25
or funeral services or goods may be obtained from any cemetery, 26
funeral establishment, or seller. 27
(d) The assignment contains the following disclosure in 28
boldfaced type: 29
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"This assignment may be revoked by the assignor or assignor's 1
successor or, if the assignor is also the insured and deceased, by 2
the representative of the insured's estate before the cemetery 3
services or goods or funeral services or goods are provided. If the 4
assignment is revoked, the death benefit under the life insurance 5
policy or annuity contract will be paid in accordance with the 6
beneficiary designation under the insurance policy or annuity 7
contract." 8
(e) The assignment provides for all of the following: 9
(i) That the actual price of the cemetery services or goods or 10
funeral services or goods delivered at the time of death may be 11
more than or less than the price set forth in the assignment. 12
(ii) For the assignment of an associated life insurance policy 13
or annuity contract, that any increase in the price of the cemetery 14
services or goods or funeral services or goods will not exceed the 15
ultimate death benefit under the life insurance policy or annuity 16
contract. This requirement does not apply to an insurance policy or 17
annuity contract with a limited death benefit during the period 18
that the limited death benefit is in effect. During this period, 19
the beneficiary and the seller are not obligated to fulfill the 20
terms of the contract for the cemetery services or goods or funeral 21
services or goods for which the assigned proceeds serve as payment 22
and the assignment of the associated life insurance policy or 23
annuity contract may be revoked. 24
(iii) For the assignment of a nonassociated life insurance 25
policy or annuity contract, that any increase in the price of the 26
cemetery services or goods or the funeral services or goods must 27
not exceed the Consumer Price Index or the retail price list in 28
effect when the death occurs, whichever is less. 29
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(iv) That if the ultimate death benefit under the life 1
insurance policy or annuity contract exceeds the price of the 2
cemetery services or goods or funeral services or goods at the time 3
of performance, the excess amount must be distributed to the 4
beneficiary designated under the life insurance policy or annuity 5
contract or the insured's estate. 6
(v) That any addition to or modification of the contract for 7
cemetery services or goods or funeral services or goods does not 8
revoke the assignment or the contract for the cemetery services or 9
goods or funeral services or goods that are not affected by the 10
addition or modification for which the assigned proceeds are 11
payment unless the assignment is revoked. 12
(f) The assignment is limited to that portion of the proceeds 13
of the life insurance policy or annuity contract that is needed to 14
pay for the cemetery services or goods or funeral services or goods 15
for which the assignor has contracted. 16
(g) For an associated life insurance policy or annuity 17
contract, the death benefit of the life insurance policy or annuity 18
contract subject to the assignment does not exceed $12,720.00 when 19
the first premium payment is made on the life insurance policy or 20
annuity contract. For a nonassociated life insurance policy or 21
annuity contract, the initial amount of proceeds assigned does not 22
exceed $12,720.00. The maximum amounts in this subdivision must be 23
adjusted annually in accordance with the Consumer Price Index. 24
(h) The assignment must contain the dispute resolution rights 25
in subsection (8). After the death of the insured but before the 26
cemetery services or goods or funeral services or goods are 27
provided, the funeral establishment, cemetery, or seller shall 28
provide to a representative of the insured's estate a separate 29
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document entitled, "dispute resolution disclosure statement," that 1
must clearly set forth the dispute resolution rights in subsection 2
(8). The dispute resolution disclosure statement must be filed with 3
the director and is considered approved unless disapproved within 4
30 days after the submission. The language used to set forth the 5
dispute resolution rights in subsection (8) must be written in a 6
manner that is understood by a person of ordinary intelligence. 7
(i) The assignor and not the assignee is responsible for 8
making the premium payments due on the life insurance policy or 9
annuity contract. This subdivision does not apply to an insurance 10
producer when acting as a fiduciary under section 1207. 11
(j) After the death of the insured but before the cemetery 12
services or goods or funeral services or goods are provided, the 13
representative of the insured's estate is provided with a current 14
price list for the cemetery services or goods or funeral services 15
or goods provided under the assignment. 16
(k) At the time the assignment is made, the assignee complies 17
with the price disclosure rules of the Federal Trade Commission 18
prescribed in 16 CFR part 453 whether or not the rules by their own 19
terms apply to the offering. 20
(l) At the time the assignment is made, the assignor certifies 21
that the insured does not have in effect other life insurance 22
policies or annuity contracts that have been assigned as payment 23
for cemetery goods or services or funeral goods or services that 24
together with the additional assignment would have an aggregate 25
face value in excess of the limitation provided in subdivision (g). 26
(m) For the assignment of a nonassociated life insurance 27
policy or annuity contract, the assignment complies with both of 28
the following: 29
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(i) The assignment is sufficient to cover the initial contract 1
price of the cemetery goods or services or funeral goods or 2
services. 3
(ii) The assignment provides that any increase in the price of 4
the cemetery services or goods or the funeral services or goods 5
must not exceed the Consumer Price Index or the retail price list 6
in effect when the death occurs, whichever is less. 7
(7) An insurer or an insurance producer shall not make a false 8
or misleading statement, oral or written, regarding an assignment 9
subject to subsection (6) or regarding the rights or obligations of 10
any party or prospective party to the assignment. An insurer or an 11
insurance producer shall not advertise or promote an assignment 12
subject to subsection (6) in a manner that is false, misleading, 13
deceptive, or unfair. The director shall promulgate rules 14
regulating the solicitation of plans promoting assignments subject 15
to subsection (6) to protect against solicitations that are 16
intimidating, vexatious, fraudulent, or misleading, or which take 17
unfair advantage of a person's ignorance or emotional 18
vulnerability. 19
(8) After cemetery services or goods or funeral services or 20
goods that are subject to an assignment under this section are 21
provided, the funeral establishment, cemetery, or seller shall 22
provide to a representative of the insured's estate a statement to 23
be signed by the representative of the insured's estate authorizing 24
the release of the assignment proceeds for the payment of the 25
cemetery services or goods or funeral services or goods. The 26
insurer shall release to the funeral establishment, cemetery, or 27
seller the assignment proceeds on receipt of the authorization 28
statement signed by a representative of the insured's estate. If a 29
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representative of the insured's estate fails to sign the 1
authorization statement, all of the following apply: 2
(a) The funeral establishment, cemetery, or seller shall 3
provide the representative of the insured's estate with a dispute 4
resolution notice, a copy of which is to be sent to the insurer and 5
the director that states all of the following: 6
(i) That the funeral establishment, cemetery, or seller has 7
provided the cemetery services or goods or funeral services or 8
goods. 9
(ii) That a representative of the insured's estate has refused 10
to authorize the insurer to release the assignment proceeds for the 11
payment of the cemetery services or goods or funeral services or 12
goods. 13
(iii) That a representative of the insured's estate may seek 14
arbitration to resolve the payment dispute. 15
(b) On the receipt of the dispute resolution notice described 16
in subdivision (a), the insurer shall retain the assignment 17
proceeds for 30 days. The insurer shall release the assignment 18
proceeds to the funeral establishment, cemetery, or seller if after 19
the expiration of the 30 days the insurer is not informed that 20
arbitration proceedings have been commenced, or pursuant to the 21
award of the arbitrator. 22
(c) The funeral establishment, cemetery, seller, or a 23
representative of the insured's estate may commence arbitration 24
proceedings to determine the disposition of the assignment 25
proceeds. Arbitration must be conducted under the rules and 26
procedures of the American Arbitration Association. Expenses of the 27
arbitration must be shared equally by the insured's estate and the 28
assignee unless otherwise ordered by the arbitrator. 29
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(d) This subsection does not limit the right of any party 1
involved in the payment dispute to seek other recourse permitted by 2
law. 3
(9) A life insurance producer shall not sell or solicit the 4
sale of a life insurance policy or annuity contract with the 5
intention of having the purchaser assign the proceeds of the policy 6
or contract to a funeral establishment, cemetery, or seller with 7
which the producer is associated unless all of the following 8
conditions are met: 9
(a) The producer discloses in writing to the purchaser the 10
nature of his or her the producer's association with the funeral 11
establishment, cemetery, or seller and that both the funeral 12
establishment, cemetery, or seller and the producer will or may 13
profit from the transaction, if that is the case. 14
(b) A funeral establishment, cemetery, or seller that accepts 15
assignments under subsection (6) also offers to sell or provide 16
cemetery goods or services or funeral goods or funeral services 17
under prepaid funeral contracts as provided in the prepaid funeral 18
and cemetery sales act, 1986 PA 255, MCL 328.211 to 328.235, or 19
under the trust provisions of the cemetery regulation act, 1968 PA 20
251, MCL 456.521 to 456.543. 21
(c) If the contemplated assignment is to be made to pay the 22
cost of cemetery goods or services or funeral goods or funeral 23
services, the producer discloses in writing to the purchaser that 24
the cemetery goods or services or funeral goods or services may 25
also be purchased before death by making payment directly to a 26
funeral establishment, cemetery, or seller who will hold funds in 27
escrow for the benefit of the purchaser under the prepaid funeral 28
and cemetery sales act, 1986 PA 255, MCL 328.211 to 328.235, or in 29
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trust under the cemetery regulation act, 1968 PA 251, MCL 456.521 1
to 456.543. The written disclosure must also state that on 2
cancellation of the prepaid funeral contract, the purchaser is 3
entitled to a refund of at least 90% of the principal and income 4
earned. 5
(d) The sale of cemetery goods or services or funeral goods or 6
services is not conditioned on the purchaser buying or agreeing to 7
buy a life insurance policy or annuity contract or on the 8
assignment of the proceeds of the policy or contract to the funeral 9
establishment, cemetery, or seller. 10
(e) The sale of a life insurance policy or annuity contract is 11
not conditioned on the purchaser buying or agreeing to buy cemetery 12
goods or services or funeral goods or services from the funeral 13
establishment, cemetery, or seller with which the producer is 14
associated or on the assignment of the proceeds of the policy or 15
contract to the funeral establishment, cemetery, or seller. 16
(f) A discount from the current price of cemetery goods or 17
services or funeral goods or services is not offered as an 18
inducement to purchase or assign a life insurance policy or annuity 19
contract. 20
(g) If the life insurance policy or annuity contract sold by 21
the producer is canceled by the purchaser within 10 days after the 22
receipt of the policy or annuity contract, a full refund of all 23
premiums is paid to the purchaser. 24
(h) The producer discloses in writing to the purchaser that 25
the funeral establishment, cemetery, or seller with which the 26
producer is associated will accept assignments of life insurance 27
policies or annuity contracts sold by any other licensed producer. 28
(10) The director or any other person, in order to force 29
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compliance with subsection (6) or (7), may bring an action in a 1
circuit court in any county in which the assignee or insurance 2
producer or any other person has solicited or sold a life insurance 3
policy or annuity contract that is assigned under subsection (6), 4
whether or not that person has purchased the life insurance policy 5
or annuity contract or is personally aggrieved by a violation of 6
this section. The court may award damages and issue equitable 7
orders in accordance with the Michigan court rules to restrain 8
conduct in violation of this section. 9
(11) A person that violates this section is guilty of a 10
misdemeanor, punishable on conviction by a fine of not more than 11
$1,000.00 or by imprisonment for not more than 6 months, or both, 12
within the discretion of the courts. Each violation is a separate 13
offense. 14
(12) In addition to the penalty provided in subsection (11), 15
if, after a hearing conducted under the administrative procedures 16
act of 1969, 1969 PA 306, MCL 24.201 to 24.328, the director 17
determines a person has violated this section, the director may 18
order the person to pay a civil fine of not more than $10,000.00 19
for each violation and may also impose other sanctions provided 20
under chapter 12. The money collected under this subsection must be 21
deposited in the funeral consumers education and advocacy fund. The 22
funeral consumers education and advocacy fund is created within the 23
department. The director shall administer the fund. The money in 24
the fund must be used to do both of the following: 25
(a) To promote the education of consumers concerning the 26
prearrangement and purchase of cemetery or funeral services or 27
goods through the purchase and assignment of life insurance or 28
annuity contracts. 29
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(b) To provide legal assistance to persons who were injured as 1
a result of a violation of this section. 2
(13) For purposes of this section, a life insurance producer 3
is associated with a funeral establishment, cemetery, or seller if 4
any of the following apply: 5
(a) The producer is a funeral establishment, cemetery, or 6
seller. 7
(b) The producer owns an interest, directly or indirectly, in 8
a corporation or other entity that holds an interest in a funeral 9
establishment, cemetery, or seller. 10
(c) The producer is an officer, employee, or agent of a 11
funeral establishment, cemetery, or seller. 12
(d) The producer is an officer, employee, or agent of a 13
corporation or other entity that holds an interest, either directly 14
or indirectly, in a funeral establishment, cemetery, or seller, or 15
in a corporation or other entity that holds an interest, directly 16
or indirectly, in a corporation or other entity that holds an 17
interest in a funeral establishment, cemetery, or seller. 18
(14) As used in this section: 19
(a) "Associated life insurance policy or annuity contract" 20
means a life insurance policy or annuity contract that is marketed, 21
designed, and intended to be assigned as payment for cemetery goods 22
or services or funeral goods or services. 23
(b) "Casket" means any box or container consisting of 1 or 24
more parts in which a dead human body is placed before interment, 25
entombment, or cremation that may or may not be permanently 26
interred, entombed, or cremated with the dead human body. Casket 27
includes a permanent interment or entombment receptacle designed or 28
intended for use without a cemetery burial vault or other outside 29
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container. 1
(c) "Catafalque" means an ornamental or decorative object or 2
structure placed beneath, over, or around a casket, vault, or a 3
dead human body before final disposition of the dead human body. 4
(d) "Cemetery" means that term as defined in section 2 of the 5
cemetery regulation act, 1968 PA 251, MCL 456.522, regardless of 6
whether the cemetery is regulated under the cemetery regulation 7
act, 1968 PA 251, MCL 456.521 to 456.543, or an officer, agent, or 8
employee of a cemetery. 9
(e) "Cemetery burial vault or other outside container" means a 10
box or container used solely at the place of interment to 11
permanently surround or enclose a casket and to support the earth 12
above the casket after burial. 13
(f) "Cemetery goods" means land or interests in land, crypts, 14
lawn crypts, mausoleum crypts, or niches that are sold by a 15
cemetery. Cemetery goods also include cemetery burial vaults or 16
other outside containers, markers, monuments, urns, and merchandise 17
items used for the purpose of memorializing a decedent and placed 18
on or in proximity to a place of interment or entombment of a 19
casket, catafalque, or vault or to a place of inurnment that are 20
sold by a cemetery. 21
(g) "Cemetery services" means those services customarily 22
performed by a cemetery. 23
(h) "Combination unit" means any product consisting of a unit 24
or a series of units designed or intended to be used together as 25
both a casket and as a permanent burial receptacle. 26
(i) "Consumer Price Index" means the annual average percentage 27
increase in the Detroit Consumer Price Index for all items for the 28
prior 12-month period as reported by the United States Department 29
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of Labor and as certified by the director. 1
(j) "Funeral establishment" means a funeral establishment or a 2
person that is engaged in the practice of mortuary science as those 3
terms are defined in section 1801 of the occupational code, 1980 PA 4
299, MCL 339.1801, or an officer, agent, or employee of the funeral 5
establishment or person. 6
(k) "Funeral goods" means items of merchandise that will be 7
used in connection with a funeral or an alternative to a funeral or 8
final disposition of human remains including, but not limited to, 9
caskets, other burial containers, combination units, and 10
catafalques. Funeral goods does not include cemetery goods. 11
(l) "Funeral services" means services customarily performed by 12
a person who is licensed under article 18 of the occupational code, 13
1980 PA 299, MCL 339.1801 to 339.1812. 339.1811. Funeral services 14
includes, but is not limited to, care of human remains, embalming, 15
preparation of human remains for final disposition, professional 16
services relating to a funeral or an alternative to a funeral or 17
final disposition of human remains, transportation of human 18
remains, limousine services, use of facilities or equipment for 19
viewing human remains, visitation, memorial services, or services 20
used in connection with a funeral or alternative to a funeral, 21
coordinating or conducting funeral rites or ceremonies, and other 22
services provided in connection with a funeral, alternative to a 23
funeral, or final disposition of human remains. 24
(m) "Limited death benefit" means the sum payable on the 25
insured's death during not more than the first 2 years that an 26
associated life insurance policy or annuity contract is in effect 27
that is less than the amount necessary to cover the initial 28
contract price of cemetery goods and services or funeral goods and 29
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VMP S03260'25 f_SB1070_INTR_1 op8kje
services, but that provides for a minimum benefit as follows: 1
(i) During the first year of the contract, not less than 25% of 2
the initial contract price of cemetery goods and services or 3
funeral goods and services. 4
(ii) During the second year of the contract, not less than 50% 5
of the initial contract price of cemetery goods and services or 6
funeral goods and services. 7
(n) "Nonassociated life insurance policy or annuity contract" 8
means a life insurance policy or annuity contract that is not 9
marketed to be assigned, designed to be assigned, or intended to be 10
assigned as payment for cemetery goods or services or funeral goods 11
or services. 12
(o) "Representative of the insured's estate" means the person 13
or persons legally entitled to make the funeral arrangements for 14
the person whose life was insured. 15
(p) "Seller" means a person that offers to sell cemetery goods 16
or services or funeral goods or services or an agent, officer, or 17
employee of the person. 18
Enacting section 1. This amendatory act does not take effect 19
unless Senate Bill No. 1060 of the 103rd Legislature is enacted 20
into law. 21