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Part 3

Motor Vehicle Insurance

Superseded 1/1/2025

31A-22-301 Definitions.

As used in this part:

(1) "Motor vehicle" means the same as that term is defined in Section 41-6a-102.

(2) "Motor vehicle business" means a motor vehicle sales agency, repair shop, service station,

storage garage, or public parking place.

(7) "Pedestrian" means any natural person not occupying a motor vehicle.

Amended by Chapter 245, 2021 General Session

Effective 1/1/2025

31A-22-301 Definitions.

As used in this part:

(1)

(a) "Motor vehicle" means the same as that term is defined in Section 41-6a-102.

(b) For purposes of this chapter, "motor vehicle" includes a street-legal all-terrain vehicle.

(2) "Motor vehicle business" means a motor vehicle sales agency, repair shop, service station,

storage garage, or public parking place.

(7) "Owner" means the same as that term is defined in Subsection 41-12a-103(8).

(8) "Pedestrian" means any natural person not occupying a motor vehicle.

(9) "Street-legal all-terrain vehicle" means the same as that term is defined in Section 41-6a-102.

Amended by Chapter 236, 2024 General Session

31A-22-302 Required components of motor vehicle insurance policies -- Exceptions.

(1) Every policy of insurance or combination of policies purchased to satisfy the owner's or

operator's security requirement of Section 41-12a-301 shall include:

(a) motor vehicle liability coverage under Sections 31A-22-303 and 31A-22-304;

(b) uninsured motorist coverage under Section 31A-22-305, unless affirmatively waived under

Subsection 31A-22-305(5);

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all-terrain vehicle, trailer, or semitrailer is not required to have personal injury protection under

Sections 31A-22-306 through 31A-22-309.

(3) A card issued by an insurance company as evidence of owner's or operator's security under

Section 41-12a-303.2 on or after July 1, 2014, may not display the owner's or operator's

address on the card.

(4)

(a) First party medical coverages may be offered or included in policies issued to motorcycle, off-

highway vehicle, street-legal all-terrain vehicle, trailer, and semitrailer owners or operators.

(b) Owners and operators of motorcycles, off-highway vehicles, street-legal all-terrain vehicles,

trailers, and semitrailers are not covered by personal injury protection coverages in

to satisfy the owner's or operator's security requirement under Section 41-12a-301 may

specifically exclude from coverage:

(a) a person who is a resident of the named insured's household, including a person who usually

makes the person's home in the same household but temporarily lives elsewhere; or

(b) a person who usually or customarily operates the motor vehicle.

(2) The named driver exclusion under Subsection (1) is effective only if:

(a) at the time of the proposed exclusion, each person excluded from coverage satisfies the

owner's or operator's security requirement under Section 41-12a-301, independently of the

named insured's proof of owner's or operator's security;

(b) any named insured and the person excluded from coverage each provide written consent to

(5) If the driver license of a person excluded from coverage under Subsection (1) has been denied,

suspended, revoked, or disqualified and the person excluded from coverage subsequently

operates a motor vehicle, the exclusion shall:

(a) exclude all liability coverage and all physical damage coverage without regard to the

comparative fault of the excluded driver;

(b) proportionately reduce any benefits otherwise payable to the person excluded from

coverage and to any named insured for benefits payable under uninsured motorist coverage,

underinsured motorist coverage, personal injury protection coverage, and first party medical

coverage to the extent the person excluded from coverage was comparatively at fault; and

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listed under Subsection (5)(b).

(a) a non-driving passenger in a motor vehicle; or

(b) a pedestrian.

(1)

(a) In addition to complying with the requirements of Chapter 21, Insurance Contracts in General,

and Part 2, Liability Insurance in General, a policy of motor vehicle liability coverage under

(B) if it is an operator's policy, insure the person named as insured against loss from the

(iii) except as provided in Section 31A-22-302.5, insure persons related to the named insured

household, including those who usually make their home in the same household but

(B) the named insured or any of the persons described in Subsection (1)(a)(iii) driving a

(v) cover damages or injury resulting from a covered driver of a motor vehicle who is stricken

by an unforeseeable paralysis, seizure, or other unconscious condition and who is not

reasonably aware that paralysis, seizure, or other unconscious condition is about to occur to

the extent that a person of ordinary prudence would not attempt to continue driving.

(b) The driver's liability under Subsection (1)(a)(v) is limited to the insurance coverage.

(c)

(i) "Guardianship" under Subsection (1)(a)(iii) includes the relationship between a foster parent

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described in Subsection (1)(c)(i)(A) is no longer a resident of the named insured's

(2)

(i) provide for the prorating of the insurance under that policy with other valid and collectible

insurance;

(ii) grant any lawful coverage in addition to the required motor vehicle liability coverage;

(iii) if the policy is issued to a person other than a motor vehicle business, limit the coverage

afforded to a motor vehicle business or its officers, agents, or employees to the minimum

insurance with at least those limits, whether the other insurance is primary, excess, or

contingent.

(b)

(i) The liability insurance coverage of a permissive user of a motor vehicle owned by a motor

vehicle business shall be primary coverage.

(ii) The liability insurance coverage of a motor vehicle business shall be secondary to the

liability insurance coverage of a permissive user as specified under Subsection (2)(b)(i).

(3) Motor vehicle liability coverage need not insure any liability:

(a) under any workers' compensation law under Title 34A, Utah Labor Code;

(b) resulting from bodily injury to or death of an employee of the named insured, other than a

domestic employee, while engaged in the employment of the insured, or while engaged in the

operation, maintenance, or repair of a designated vehicle; or

is deductible from the limits of liability specified under Section 31A-22-304.

in good faith, any person insured under the policy against any claim or suit seeking damages

which would be payable under the policy.

(6)

(a) If a policy containing motor vehicle liability coverage provides an insurer with the defense

of lack of cooperation on the part of the insured, that defense is not effective against a third

person making a claim against the insurer, unless there was collusion between the third

person and the insured.

(b) If the defense of lack of cooperation is not effective against the claimant, after payment, the

insurer is subrogated to the injured person's claim against the insured to the extent of the

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insured upon express written declaration executed by the insured that the insured motor

vehicle would not be operated by a person described in Subsection (7)(c) operating in a

manner described in Subsection (7)(b)(i).

(i) A policy of motor vehicle liability coverage may limit coverage as described in Subsection (7)

(a) if the insured motor vehicle is operated by an individual described in Subsection (7)(c) if

the individual described in Subsection (7)(c) is guilty of:

(A) driving under the influence as described in Section 41-6a-502;

(B) impaired driving as described in Section 41-6a-502.5; or

(C) operating a vehicle with a measurable controlled substance in the individual's body as

(i) the insured;

(iii) if the individual has a separate policy as a secondary source of coverage, and:

(A) the individual is over the age of 21 and resides in the household of the insured; or

(B) the individual is a permissible user of the motor vehicle.

(d) A reduction in coverage as described in Subsection (7)(a) does not apply to an individual

under the age of 21 who is a relative of the insured and a resident of the insured's household.

(8)

(a) When a claim is brought exclusively by a named insured or a person described in Subsection

(1)(a)(iii) and asserted exclusively against a named insured or an individual described in

Subsection (1)(a)(iii), the claimant may elect to resolve the claim:

(i) by submitting the claim to binding arbitration; or

arbitration under Subsection (8)(a)(i) shall be resolved by a panel of three arbitrators.

(ii) Unless otherwise agreed on in writing by the parties, each party shall select an arbitrator.

The arbitrators selected by the parties shall select a third arbitrator.

(d) Unless otherwise agreed on in writing by the parties, each party will pay the fees and costs of

the arbitrator that party selects. Both parties shall share equally the fees and costs of the third

arbitrator.

(e) Except as otherwise provided in this section, an arbitration procedure conducted under this

section shall be governed by Title 78B, Chapter 11, Utah Uniform Arbitration Act, unless

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(h) Prior to the rendering of the arbitration award:

(i) the existence of a liability insurance policy may be disclosed to the arbitration panel; and

(ii) the amount of all applicable liability insurance policy limits may not be disclosed to the

(i) The amount of the arbitration award may not exceed the liability limits of all the defendant's

applicable liability insurance policies, including applicable liability umbrella policies. If the

initial arbitration award exceeds the liability limits of all applicable liability insurance policies,

the arbitration award shall be reduced to an amount equal to the liability limits of all applicable

(j) The arbitration award is the final resolution of all claims between the parties unless the award

insurance policy.

at-fault driver may not reduce compensation to an injured party based on the injured party not

being covered by a policy of insurance that provides personal injury protection coverage under

Sections 31A-22-306 through 31A-22-309.

(1) A policy issued or renewed on or before December 31, 2024, containing motor vehicle liability

coverage may not limit the insurer's liability under that coverage below the following:

(a)

motor vehicle in any one accident; and

others arising out of the use of a motor vehicle in any one accident; or

(b) $80,000 in any one accident whether arising from bodily injury to or the death of others, or

from destruction of, or damage to, the property of others.

(2) Subject to Subsection (3), a policy issued or renewed on or after January 1, 2025, containing

motor vehicle liability coverage may not limit the insurer's liability under that coverage below the

following:

(a)

(i) $30,000 because of liability for bodily injury to or death of one person, arising out of the use

of a motor vehicle in any one accident;

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motor vehicle in any one accident; and

(b) $90,000 in any one accident whether arising from bodily injury to or the death of others, or

from destruction of, or damage to, the property of others.

(3) Notwithstanding Subsection (2), for a policy for a self-insured, private rental fleet, the policy

coverage below the following:

(a)

(i) $25,000 because of liability for bodily injury to or death of one person, arising out of the use

of a motor vehicle in any one accident;

(ii) subject to the limit for one person in Subsection (3)(a)(i), in the amount of $65,000 because

of liability for bodily injury to or death of two or more persons arising out of the use of a

motor vehicle in any one accident; and

Amended by Chapter 51, 2023 General Session

31A-22-305 Uninsured motorist coverage.

(1) As used in this section, "covered persons" includes:

(a) the named insured;

(b) for a claim arising on or after May 13, 2014, the named insured's dependent minor children;

(c) persons related to the named insured by blood, marriage, adoption, or guardianship, who are

residents of the named insured's household, including those who usually make their home in

the same household but temporarily live elsewhere;

(d) any person occupying or using a motor vehicle:

(i) referred to in the policy; or

(i) a motor vehicle, the operation, maintenance, or use of which is not covered under a liability

policy at the time of an injury-causing occurrence; or

(ii)

(A) a motor vehicle covered with lower liability limits than required by Section 31A-22-304;

(B) the motor vehicle described in Subsection (2)(a)(ii)(A) is uninsured to the extent of the

(b) an unidentified motor vehicle that left the scene of an accident proximately caused by the

motor vehicle operator;

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(ii) the motor vehicle described in Subsection (2)(d)(i) is uninsured only to the extent that the

claim against the insolvent insurer is not paid by a guaranty association or fund.

(3) Uninsured motorist coverage under Subsection 31A-22-302(1)(b) provides coverage for

uninsured motor vehicles because of bodily injury, sickness, disease, or death.

(4)

(a) For new policies written on or after January 1, 2001, the limits of uninsured motorist coverage

shall be equal to the lesser of the limits of the named insured's motor vehicle liability coverage

or the maximum uninsured motorist coverage limits available by the insurer under the named

insured's motor vehicle policy, unless a named insured rejects or purchases coverage in a

lesser amount by signing an acknowledgment form that:

benefits or protection to you and other covered persons for bodily injury resulting from

an accident caused by the fault of another party where the other party has no liability

insurance; and

(v) discloses the additional premiums required to purchase uninsured motorist coverage with

limits equal to the lesser of the limits of the named insured's motor vehicle liability coverage

or the maximum uninsured motorist coverage limits available by the insurer under the

named insured's motor vehicle policy.

(b) Any selection or rejection under this Subsection (4) continues for that issuer of the liability

coverage until the insured requests, in writing, a change of uninsured motorist coverage from

that liability insurer.

(c)

(i) Subsections (4)(a) and (b) apply retroactively to any claim arising on or after January

arbitration or filed a complaint in a court of competent jurisdiction.

policy; or

(ii) a change to an existing policy that results in:

(A) a named insured being added to or deleted from the policy; or

(B) a change in the limits of the named insured's motor vehicle liability coverage.

(e)

(i) As used in this Subsection (4)(e), "additional motor vehicle" means a change that increases

the total number of vehicles insured by the policy, and does not include replacement,

substitute, or temporary vehicles.

(ii) The adding of an additional motor vehicle to an existing personal lines or commercial lines

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insured's motor vehicle liability limits, the insurer shall provide a notice to a named insured

(B) encourages the named insured to contact the insurance company or insurance producer

(f) A change in policy number resulting from any policy change not identified under Subsection

(4)(d)(ii) does not constitute a new policy.

(g)

(i) Subsection (4)(d) applies retroactively to any claim arising on or after January 1, 2001, for

a complaint in a court of competent jurisdiction.

(h) A self-insured, including a governmental entity, may elect to provide uninsured motorist

(4)(a) and (5)(a) by issuing a declaratory memorandum or policy statement from the chief

financial officer or chief risk officer that declares the:

(i) self-insured entity's coverage level; and

(ii) process for filing an uninsured motorist claim.

(i) Uninsured motorist coverage may not be sold with limits that are less than the minimum bodily

injury limits for motor vehicle liability policies under Section 31A-22-304.

(j) The acknowledgment under Subsection (4)(a) continues for that issuer of the uninsured

motorist coverage until the named insured requests, in writing, different uninsured motorist

coverage from the insurer.

(k)

(ii) The disclosure required under Subsection (4)(k)(i) shall be sent to all named insureds that

carry uninsured motorist coverage limits in an amount less than the named insured's motor

vehicle liability policy limits or the maximum uninsured motorist coverage limits available by

the insurer under the named insured's motor vehicle policy.

(l) For purposes of this Subsection (4), a notice or disclosure sent to a named insured in a

household constitutes notice or disclosure to all insureds within the household.

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(ii) If the amount tendered by the uninsured motorist carrier under Subsection (10)(c)(i) is the

by the covered person.

(d) A covered person who receives a written response from an uninsured motorist carrier as

provided for in Subsection (10)(c)(i), may:

(i) elect to accept the amount tendered in Subsection (10)(c)(i) as payment in full of all

uninsured motorist claims; or

(ii) elect to:

partial payment of all uninsured motorist claims, the final award obtained through arbitration,

litigation, or later settlement shall be reduced by any payment made by the uninsured motorist

carrier under Subsection (10)(c)(i).

(f) In an arbitration proceeding on the remaining uninsured claims:

(i) the parties may not disclose to the arbitrator or arbitration panel the amount paid under

Subsection (10)(c)(i) until after the arbitration award has been rendered; and

(ii) the parties may not disclose the amount of the limits of uninsured motorist benefits provided

by the policy.

(g) If the final award obtained through arbitration or litigation is greater than the average of the

covered person's initial written demand for payment provided for in Subsection (10)(a)(i) and

the uninsured motorist carrier's initial written response provided for in Subsection (10)(c)(i),

the uninsured motorist carrier shall pay:

(C) the reasonable costs of expert witnesses and depositions used in the presentation of

(h)

(i) The covered person shall provide an affidavit of costs within five days of an arbitration

award.

(ii)

(A) Objection to the affidavit of costs shall specify with particularity the costs to which the

(B) The objection shall be resolved by the arbitrator or arbitration panel.

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benefits to binding arbitration or files litigation as specified in Subsection (10)(a).

(ii) If the information under Subsection (10)(i)(i) is not disclosed, the covered person may not

recover costs or any amounts in excess of the policy under Subsection (10)(g).

the uninsured motorist carrier from the same dispute.

(k) The provisions of this Subsection (10) only apply to motor vehicle accidents that occur on or

after March 30, 2010.

(l)

(i)

(A) The written demand requirement in Subsection (10)(a)(i)(A) does not affect the covered

(ii) The changes made by Laws of Utah 2014, Chapter 290, Section 10, and Chapter

300, Section 10, to Subsections (10)(a)(ii)(A)(II) and (B)(II) apply to any claim submitted to

binding arbitration or through litigation on or after May 13, 2014.

(11)

(a) A person shall commence an action on a written policy or contract for uninsured motorist

coverage within four years after the inception of loss.

(b) Subsection (11)(a) shall apply to all claims that have not been time barred by Subsection

31A-21-313(1)(a) as of May 14, 2019.

of which is covered under a liability policy at the time of an injury-causing occurrence, but

which has insufficient liability coverage to compensate fully the injured party for all special

and general damages.

(ii) The term "underinsured motor vehicle" does not include:

(A) a motor vehicle that is covered under the liability coverage of the same policy that also

(B) an uninsured motor vehicle as defined in Subsection 31A-22-305(2); or

(C) a motor vehicle owned or leased by:

(I) a named insured;

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underinsured motor vehicle because of bodily injury, sickness, disease, or death.

(b) A covered person occupying or using a motor vehicle owned, leased, or furnished to the

covered person, the covered person's spouse, or covered person's resident relative may

(ii) a newly acquired or replacement motor vehicle covered under the terms of the policy.

(3)

(a) For purposes of this Subsection (3), "new policy" means:

(i) any policy that is issued that does not include a renewal or reinstatement of an existing

policy; or

(ii) a change to an existing policy that results in:

under the named insured's motor vehicle policy, unless a named insured rejects or purchases

coverage in a lesser amount by signing an acknowledgment form that:

(i) is filed with the department;

(ii) is provided by the insurer;

(iii) waives the higher coverage;

(iv) need only state in this or similar language that "underinsured motorist coverage provides

benefits or protection to you and other covered persons for bodily injury resulting from an

accident caused by the fault of another party where the other party has insufficient liability

insurance"; and

(v) discloses the additional premiums required to purchase underinsured motorist coverage with

limits equal to the lesser of the limits of the named insured's motor vehicle liability coverage

or the maximum underinsured motorist coverage limits available by the insurer under the

1, 2001, for which, as of May 14, 2013, an insured has not made a written demand for

arbitration or filed a complaint in a court of competent jurisdiction.

(ii) The Legislature finds that the retroactive application of Subsections (3)(b) and (c) clarifies

legislative intent and does not enlarge, eliminate, or destroy vested rights.

(e)

(i) As used in this Subsection (3)(e), "additional motor vehicle" means a change that increases

the total number of vehicles insured by the policy, and does not include replacement,

substitute, or temporary vehicles.

(ii) The adding of an additional motor vehicle to an existing personal lines or commercial lines

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the named insured's motor vehicle liability limits, the insurer shall provide a notice to a

(B) encourages the named insured to contact the insurance company or insurance producer

(f) A change in policy number resulting from any policy change not identified under Subsection

(3)(a)(ii) does not constitute a new policy.

(g)

(i) Subsection (3)(a) applies retroactively to any claim arising on or after January 1, 2001 for

a complaint in a court of competent jurisdiction.

(h) A self-insured, including a governmental entity, may elect to provide underinsured motorist

(3)(b) and (l) by issuing a declaratory memorandum or policy statement from the chief

financial officer or chief risk officer that declares the:

(i) self-insured entity's coverage level; and

(ii) process for filing an underinsured motorist claim.

(i) Underinsured motorist coverage may not be sold with limits that are less than:

(i) $10,000 for one person in any one accident; and

(ii) at least $20,000 for two or more persons in any one accident.

(j) An acknowledgment under Subsection (3)(b) continues for that issuer of the underinsured

motorist coverage until the named insured, in writing, requests different underinsured motorist

coverage from the insurer.

vehicle to determine the limit of coverage available to the injured person.

(l)

(i) In conjunction with the first two renewal notices sent after January 1, 2001, for policies

existing on that date, the insurer shall disclose in the same medium as the premium renewal

notice, an explanation of:

(A) the purpose of underinsured motorist coverage in the same manner as described in

(B) a disclosure of the additional premiums required to purchase underinsured motorist

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motor vehicle liability policy limits or the maximum underinsured motorist coverage limits

available by the insurer under the named insured's motor vehicle policy.

(m) For purposes of this Subsection (3), a notice or disclosure sent to a named insured in a

household constitutes notice or disclosure to all insureds within the household.

(a)

(i) Except as provided in this Subsection (4), a covered person injured in a motor vehicle

described in a policy that includes underinsured motorist benefits may not elect to collect

(ii) The limit of liability for underinsured motorist coverage for two or more motor vehicles may

not be added together, combined, or stacked to determine the limit of insurance coverage

available to an injured person for any one accident.

underinsured motorist benefits under any one other policy in which they are described as a

covered person.

(ii) Except as provided in Subsection (4)(b)(iii), a covered person injured while occupying,

using, or maintaining a motor vehicle that is not owned, leased, or furnished to the covered

person, the covered person's spouse, or the covered person's resident parent or resident

sibling, may also recover benefits under any one other policy under which the covered

(iii)

(A) A covered person may recover benefits from no more than two additional policies, one

(I) a dependent minor of parents who reside in separate households; and

(II) injured while occupying or using a motor vehicle that is not owned, leased, or furnished

damages.

(v) Underinsured coverage on a motor vehicle occupied at the time of an accident is

primary coverage, and the coverage elected by a person described under Subsections

(vi) The primary and the secondary coverage may not be set off against the other.

(vii) A covered person as described under Subsection (4)(b)(i) or is entitled to the highest

limits of underinsured motorist coverage under only one additional policy per household

applicable to that covered person as a named insured, spouse, or relative.

(viii) A covered injured person is not barred against making subsequent elections if recovery is

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(c) Underinsured motorist coverage:

(i) in order to avoid double recovery, does not cover any benefit under Title 34A, Chapter

2, Workers' Compensation Act, or Title 34A, Chapter 3, Utah Occupational Disease

Act, provided by the workers' compensation insurance carrier, uninsured employer, the

Uninsured Employers' Fund created in Section 34A-2-704, or the Employers' Reinsurance

Fund created in Section 34A-2-702, except that:

(A) the covered person is credited an amount described in Subsection 34A-2-106(5); and

(B) the benefits described in this Subsection (4)(c)(i) do not need to be paid before an

(ii) may not be subrogated by a workers' compensation insurance carrier, uninsured employer,

Reinsurance Fund created in Section 34A-2-702;

(iv) notwithstanding Subsection 31A-1-103(3)(f), may be reduced by health insurance

(v) may not be collected for bodily injury or death sustained by a person:

(A) while committing a violation of Section 41-1a-1314;

(B) who, as a passenger in a vehicle, has knowledge that the vehicle is being operated in

(C) while committing a felony; and

(vi) notwithstanding Subsection (4)(c)(v), may be recovered:

(A) for a person younger than 18 years old who is injured within the scope of Subsection (4)

(B) by a law enforcement officer as defined in Section 53-13-103, who is injured within the

(6) An underinsured motorist insurer does not have a right of reimbursement against a person

liable for the damages resulting from an injury-causing occurrence if the person's liability

insurer has tendered the policy limit and the limits have been accepted by the claimant.

(7) Except as otherwise provided in this section, a covered person may seek, subject to the terms

and conditions of the policy, additional coverage under any policy:

(a) that provides coverage for damages resulting from motor vehicle accidents; and

(b) that is not required to conform to Section 31A-22-302.

(8)

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claimant may elect to resolve the claim:

(b) Unless otherwise provided in the policy under which underinsured benefits are claimed, the

election provided in Subsection (8)(a) is available to the claimant only, except that if the policy

(c) Once a claimant elects to commence litigation under Subsection (8)(a)(ii), the claimant may

not elect to resolve the claim through binding arbitration under this section without the written

(d) For purposes of the statute of limitations applicable to a claim described in Subsection (8)(a),

if the claimant does not elect to resolve the claim through litigation, the claim is considered

filed when the claimant submits the claim to binding arbitration in accordance with this

(ii) All parties shall agree on the single arbitrator selected under Subsection (8)(e)(i).

(ii), the parties shall select a panel of three arbitrators.

(f) If the parties select a panel of three arbitrators under Subsection (8)(e)(iii):

(i) each side shall select one arbitrator; and

(ii) the arbitrators appointed under Subsection (8)(f)(i) shall select one additional arbitrator to be

included in the panel.

(g) Unless otherwise agreed to in writing:

(i) each party shall pay an equal share of the fees and costs of the arbitrator selected under

Subsection (8)(e)(i); or

(ii) if an arbitration panel is selected under Subsection (8)(e)(iii):

(A) each party shall pay the fees and costs of the arbitrator selected by that party; and

Chapter 11, Utah Uniform Arbitration Act.

(i) The arbitration shall be conducted in accordance with Rules 26(a)(4) through (f), 27 through

37, 54, and 68 of the Utah Rules of Civil Procedure, once the requirements of Subsections

(9)(a) through (c) are satisfied.

(ii) The specified tier as defined by Rule 26(c)(3) of the Utah Rules of Civil Procedure shall be

determined based on the claimant's specific monetary amount in the written demand for

payment of uninsured motorist coverage benefits as required in Subsection (9)(a)(i)(A).

(iii) Rules 26.1 and 26.2 of the Utah Rules of Civil Procedure do not apply to arbitration claims

under this part.

(j) An issue of discovery shall be resolved by the arbitrator or the arbitration panel.

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applicable underinsured motorist umbrella policies.

(ii) If the initial arbitration award exceeds the underinsured motorist policy limits of all applicable

underinsured motorist policies, the arbitration award shall be reduced to an amount equal

to the combined underinsured motorist policy limits of all applicable underinsured motorist

policies.

(m) The arbitrator or arbitration panel may not decide an issue of coverage or extra-contractual

damages, including:

(i) whether the claimant is a covered person;

(ii) whether the policy extends coverage to the loss; or

(iii) an allegation or claim asserting consequential damages or bad faith liability.

(p) An arbitration award issued under this section shall be the final resolution of all claims not

(i) the award is procured by corruption, fraud, or other undue means; or

(ii) either party, within 20 days after service of the arbitration award:

(A) files a complaint requesting a trial de novo in the a court with jurisdiction under Title 78A,

(B) serves the nonmoving party with a copy of the complaint requesting a trial de novo under

(q)

(i) Upon filing a complaint for a trial de novo under Subsection (8)(p), a claim shall proceed

through litigation in accordance with the Utah Rules of Civil Procedure and Utah Rules of

Evidence.

(ii) If the underinsured motorist carrier, as the moving party in a trial de novo requested under

Subsection (8)(p), does not obtain a verdict that is at least 20% less than the arbitration

award, the underinsured motorist carrier is responsible for all of the nonmoving party's

costs.

(iii) Except as provided in Subsection (8)(r)(iv), the costs under this Subsection (8)(r) shall

include:

(A) any costs set forth in Rule 54(d), Utah Rules of Civil Procedure; and

(B) the costs of expert witnesses and depositions.

(iv) An award of costs under this Subsection (8)(r) may not exceed $2,500 unless Subsection

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on a claim for damages if the claim for damages:

(t) If a court determines, upon a motion of the nonmoving party, that a moving party's use of the

trial de novo process is filed in bad faith in accordance with Section 78B-5-825, the court may

insurance policy.

(v) If there are multiple underinsured motorist policies, as set forth in Subsection (4), the claimant

may elect to arbitrate in one hearing the claims against all the underinsured motorist carriers.

(9)

(a) Within 30 days after a covered person elects to submit a claim for underinsured motorist

benefits to binding arbitration or files litigation, the covered person shall provide to the

underinsured motorist carrier:

(B) the factual and legal basis and any supporting documentation for the demand;

(A)

(I) the names and last known addresses of all health care providers who have rendered

(II) the names and last known addresses of the health care providers who have rendered

(II) the names and last known addresses of the health insurers or other entities to whom

(C) if lost wages, diminished earning capacity, or similar damages are claimed, all employers

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(iii) signed authorizations to allow the underinsured motorist carrier to only obtain records and

(C).

(b)

(i) If the underinsured motorist carrier determines that the disclosure of undisclosed health care

providers or health care insurers under Subsection (9)(a)(ii) is reasonably necessary, the

underinsured motorist carrier may:

(A) make a request for the disclosure of the identity of the health care providers or health care

(iii) The time periods imposed by Subsection (9)(c)(i) are tolled pending resolution of the

dispute concerning the disclosure and production of records of the health care providers or

health care insurers.

(c)

(i) An underinsured motorist carrier that receives an election for arbitration or a notice of filing

litigation and the demand for payment of underinsured motorist benefits under Subsection

(9)(a)(i) shall have a reasonable time, not to exceed 60 days from the date of the demand

and receipt of the items specified in Subsections (9)(a)(i) through (iii), to:

(I) if the amount of the state or federal statutory lien is established, the amount of the lien; or

(II) if the amount of the state or federal statutory lien is not established, two times the

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(B) provide notice to the no-fault insurer that the no-fault insurer has 15 days to return the

(C) identify the third party liability insurer that the returned amount shall be paid to.

of the reimbursement identified under Subsection (6)(c)(ii) to the third party liability insurer

under this Subsection (6)(c).

(2) Upon the commissioner's approval of a plan under this section, all insurers issuing policies

approved plan.

(3) Any applicant for a policy under the commissioner's plan, any person insured under the

plan, and any insurer affected by the commissioner's plan may appeal to the insurance

commissioner from any ruling or decision of the manager or committee designated to operate

the plan.

(4) Section 31A-2-306 applies to the commissioner's decision on this appeal.

(d) any person who operates the vehicle while parking the vehicle at a commercial establishment;

or

(e) any person expressly listed by the rental company on the rental agreement as an authorized

driver.

(2) "Damage" means any damage or loss to the rented vehicle resulting from a collision, including

loss of use and any costs and expenses incident to the damage or loss.

(3) "Rental agreement" means any written agreement stating the terms and conditions governing

the use of a private passenger motor vehicle provided by a rental company.

(4) "Rental company" means any person or organization in the business of providing private

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31A-22-312 Liability for collision damage -- No security required -- No waiver -- Section

inapplicable to rental companies disclosing charges.

(1) No rental company may, in rental agreements of 30 continuous days or less, hold any

(a) the damage is caused intentionally by an authorized driver or as a result of his willful and

wanton misconduct;

(b) the damage arises out of the authorized driver's operation of the vehicle while illegally

intoxicated or under the influence of any illegal drug as defined or determined under the law

of the state where the damage occurred;

(c) the damage is caused while the authorized driver is engaged in any speed contest;

(f) the damage arises out of the use of the motor vehicle to carry persons or property for hire; or

unless the use is specifically authorized by the rental agreement.

(2) No security or deposit for damage in any form may be required or requested by the rental

company during the rental period, or pending the resolution of any dispute.

(3) No waiver may be offered to provide coverage for any of the exceptions listed in this section.

(4) This section does not apply to any rental company:

(a) whose advertising in this state clearly discloses all charges and costs incidental to the basic

daily rental rate; and

(b) that provides written notice to renters clearly printed on the rental agreement and prominently

displayed at its place of business, that the renter's own motor vehicle insurance or his credit

card agreement may cover any damage or loss to the rental vehicle.

(2)

(a) A rental company shall maintain owner's or operator's security meeting the requirements of

Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and Operators Act.

(b) Owner's or operator's security maintained by a rental company under Subsection (2)(a)

applies only when there is no other valid or collectible insurance or other form of security

meeting the minimum requirements of Title 41, Chapter 12a, Financial Responsibility of Motor

Vehicle Owners and Operators Act.

(c) If other valid or collectible insurance or other form of security satisfies the minimum

requirements of Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and

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Owners and Operators Act, a rental company shall provide security meeting the minimum

requirements of Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and

Operators Act, for losses involving a rental vehicle.

(3) Nothing in this section shall be construed to expand or reduce the liability of a rental company

(1)

(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department

(2)

(a) Except as provided in Subsections (2)(b) and (c), each insurer that issues a policy that

includes motor vehicle liability coverage, uninsured motorist coverage, underinsured motorist

coverage, or personal injury coverage under this part shall before the seventh and twenty-first

day of each calendar month provide to the Department of Public Safety's designated agent

Database Program, a record of each motor vehicle insurance policy in effect for vehicles

registered or garaged in Utah as of the previous submission that was issued by the insurer.

(b) Each insurer that issues commercial motor vehicle insurance coverage shall before the

seventh day of each calendar month provide to the Department of Public Safety's designated

vehicle to the Department of Public Safety's designated agent under Subsection (2)(a) or

41-1a-301.

(d) This Subsection (2) does not preclude more frequent reporting.

(3)

(a) A record provided by an insurer under Subsection (2)(a) shall include:

(i) the name, date of birth, and driver license number, if the insured provides a driver license

number to the insurer, of each insured owner or operator, and the address of the named

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(iii) the following information, if available:

(A) the name, date of birth, and driver license number of each insured owner or operator, and

(4) Each insurer shall provide this information by an electronic means or by another form the

Department of Public Safety's designated agent agrees to accept.

(5)

(a) The commissioner may, following procedures set forth in Title 63G, Chapter 4, Administrative

Procedures Act, assess a fine against an insurer of up to $250 for each day the insurer fails to

31A-22-315 Motor vehicle insurance reporting -- Penalty.

(1)

(a) As used in this section, "commercial motor vehicle insurance coverage" means an insurance

policy that:

(i) includes motor vehicle liability coverage, uninsured motorist coverage, underinsured motorist

coverage, or personal injury coverage; and

(ii) is defined by the department.

(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department

shall make rules defining commercial motor vehicle insurance coverage.

(2)

(a) Except as provided in Subsections (2)(b) and (c), each insurer that issues a policy that

coverage, or personal injury coverage under this part shall before the seventh and twenty-first

(b) Each insurer that issues commercial motor vehicle insurance coverage shall before the

seventh day of each calendar month provide to the Department of Public Safety's designated

Identification Database Program, a record of each commercial motor vehicle insurance policy

(c) An insurer that issues a policy that includes motor vehicle liability coverage, uninsured

motorist coverage, underinsured motorist coverage, or personal injury coverage under this

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41-1a-301.

(a) A record provided by an insurer under Subsection (2)(a) shall include:

(i) the name, date of birth, and driver license number, if the insured provides a driver license

number to the insurer, of each insured owner or operator, and the address of the named

insured;

(ii) the make, year, and vehicle identification number of each insured vehicle; and

(iii) the policy number, effective date, and expiration date of each policy.

(b) A record provided by an insurer under Subsection (2)(b) shall include:

(i) the named insured;

(ii) the policy number, effective date, and expiration date of each policy; and

(iii) the following information, if available:

(5)

Procedures Act, assess a fine against an insurer of up to $250 for each day the insurer fails to

comply with this section.

(b) If an insurer shows that the failure to comply with this section was inadvertent, accidental, or

the result of excusable neglect, the commissioner shall excuse the fine.

(1)

(a) Except as provided in Subsection (1)(b), and in addition to the reporting requirements under

coverage, uninsured motorist coverage, underinsured motorist coverage, or personal injury

(b) An insurer that issues a policy that includes motor vehicle liability coverage, uninsured

motorist coverage, underinsured motorist coverage, or personal injury coverage under this

part is not required to provide verification of a motor vehicle insurance policy in effect for a

vehicle to the Department of Public Safety's designated agent under Subsection (1)(a) if:

(i) the policy covers a vehicle that is registered under Section 41-1a-221, 41-1a-222, or

41-1a-301;

(ii) the policy covers a commercial motor vehicle; or

(iii) the insurer issues insurance for less than 500 motor vehicles.

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proprietary or common carrier electronic system that:

Administration; and

(ii) other applicable industry standards;

(b) is available 24 hours a day, seven days a week, subject to reasonable allowances for:

(ii) temporary system failures; and

(c) includes appropriate security measures, consistent with industry standards, to:

(i) secure its data against unauthorized access; and

(ii) maintain a record of all information requests.

(3)

(a) The commissioner may, following procedures set forth in Title 63G, Chapter 4, Administrative

comply with this section.

(ii) accidental; or

Enacted by Chapter 243, 2012 General Session

(4) "Nonoriginal equipment manufacturer" or "non-OEM" means a manufacturer of replacement

parts for a different manufacturer's equipment.

(5) "Non-OEM aftermarket crash part" means an aftermarket crash part not made for or by the

manufacturer of the motor vehicle.

(6) "Repair facility" means any motor vehicle dealer, garage, body shop, or other commercial entity

that repairs or replaces those parts that generally constitute the exterior of a motor vehicle.

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affixed or inscribed on the aftermarket crash part.

Renumbered and Amended by Chapter 8, 1995 General Session

(1) Unless the insured is given notice in writing an insurer may not specify the use of non-OEM

aftermarket crash parts in the repair of an insured's motor vehicle. The notice required by

Subsection (1) shall identify non-OEM parts as not made for or by the vehicle manufacturer.

(2) Unless the consumer is given notice in writing prior to installation, a repair facility or installer

may not use non-OEM aftermarket parts to repair a vehicle.

(3) In all instances where non-OEM aftermarket crash parts are intended for use by an insurer:

(1) For purposes of this section:

(a) "Credit information" means:

(i) a consumer report;

(ii) a credit score;

(iii) any information obtained by the insurer from a consumer report;

(iv) any part of a consumer report; or

(v) any part of a credit score.

(c)

(i) "Credit score" means a numerical value or a categorization that is:

(A) derived from information in a consumer report;

(B) derived from a statistical tool or modeling system; and

(C) developed to predict the likelihood of:

(I) future insurance claims behavior; or

(II) credit behavior.

(ii) "Credit score" includes:

(A) a risk predictor; or

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of whether it is developed to predict other factors in addition to predicting the behavior

(i) a motor vehicle liability policy;

(ii) a policy that contains uninsured motorist coverage;

(iii) a policy that contains underinsured motorist coverage;

(v) a policy that contains personal injury coverage under this part.

(2) An insurer that issues a motor vehicle related insurance policy:

(a) except as provided in Subsection (2)(b), may not use credit information for the purpose of

determining for the motor vehicle related insurance policy:

(i) renewal;

(ii) nonrenewal;

(i) if risk related factors other than credit information are considered, determining initial

(ii) providing to an insured:

(A) a reduction in rates paid by the insured for the motor vehicle related insurance policy; or

(B) any other discount similar to the reduction in rates described in Subsection (2)(b)(ii)(A).

(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the

commissioner may make rules necessary to enforce this section.

(1) A person injured as a result of a motor vehicle accident may elect to submit all third party bodily

in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, if:

answered; and

(b) the notice required under Subsection (1)(a)(ii) is filed while the action under Subsection (1)(a)

(i) is still pending.

(2)

(a) If a party submits a bodily injury claim to arbitration under Subsection (1), the party submitting

the claim or the party's representative is limited to an arbitration award that does not exceed

$75,000 or the defendant's per person limits of third party bodily insurance, whichever is

less, in addition to any available personal injury protection benefits and any claim for property

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(i) waives the right to obtain a judgment against the personal assets of the defendant; and

(ii) is limited to recovery only against available limits of insurance , plus a maximum $15,000 in

excess of policy limits, and available costs if appealed.

(i) This section does not prevent a party from pursuing an underinsured motorist claim as set

out in Section 31A-22-305.3.

(ii) An underinsured motorist claim described in Subsection (2)(e)(i) is not limited to the

defendant's per person limits of third party bodily insurance coverage or the $75,000 limit.

(iii) There shall be no right of subrogation on the part of the underinsured motorist carrier for a

claim submitted to arbitration under this section.

the rescission is made within:

(ii) no less than 30 days before any scheduled arbitration hearing.

(b) A person seeking to rescind an election to arbitrate under this Subsection (4) shall:

(i) file a notice of the rescission of the election to arbitrate with the court in which the matter was

filed; and

(ii) send copies of the notice of the rescission of the election to arbitrate to all counsel of record

to the action.

(c) All discovery completed in anticipation of the arbitration hearing shall be available for use by

the parties as allowed by the Utah Rules of Civil Procedure and Utah Rules of Evidence.

(d) A party who has elected to arbitrate under this section and then rescinded the election to

arbitrate under this Subsection (4) may not elect to arbitrate the claim under this section

(6)

(a) Unless otherwise agreed to in writing by the parties, a claim that is submitted to arbitration

under this section shall be resolved by a single arbitrator.

(b) Unless otherwise agreed to by the parties or ordered by the court, all parties shall agree on

the single arbitrator selected under Subsection (6)(a) within 90 days of the answer of the

defendant.

(c) If the parties are unable to agree on a single arbitrator as required under Subsection (6)(b),

the parties shall select a panel of three arbitrators.

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Subsection (6)(a); and

(b) if an arbitration panel is selected under Subsection (6)(d):

(i) each party shall pay the fees and costs of the arbitrator selected by that party's side; and

Subsection (6)(d)(ii).

(8) Except as otherwise provided in this section and unless otherwise agreed to in writing by the

parties, an arbitration proceeding conducted under this section shall be governed by Title 78B,

(9)

(a) Subject to the provisions of this section, the Utah Rules of Civil Procedure and Utah Rules of

(d) Dispositive motions shall be filed, heard, and decided by the court prior to the arbitration

(10) A written decision by a single arbitrator or by a majority of the arbitration panel shall constitute

a final decision.

(11) An arbitration award issued under this section shall be the final resolution of all bodily injury

claims between the parties and may be reduced to judgment by the court upon motion and

notice unless:

(a) either party, within 20 days after service of the arbitration award:

(i) files a notice requesting a trial de novo in the court; and

(ii) serves the nonmoving party with a copy of the notice requesting a trial de novo under

Subsection (11)(a)(i); or

(b) the arbitration award has been satisfied.

(iii) the claim shall proceed through litigation in accordance with the Utah Rules of Civil

Procedure and Utah Rules of Evidence.

(b) In accordance with Rule 38, Utah Rules of Civil Procedure, either party may request a jury

trial with a request for trial de novo filed under Subsection (11)(a)(i).

(13)

(a) If the plaintiff, as the moving party in a trial de novo requested under Subsection (11), does

not obtain a verdict that is at least $5,000 and is at least 30% greater than the damages

awarded in arbitration, excluding the items listed in Subsection (19), the plaintiff is responsible

for all of the nonmoving party's costs.