read Read

e-mail E-mailprint Print

NAMIC 2006 Survey of New State Insurance Laws Summary and Analysis

2006 SUMMARY OF NEW STATE LAWS - UTAH

Utah State Legislative Website

BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

HB 9

259

Workers' compensation - fund management

Modifies the State Labor Code to provide for a study of the medical causality between exposure of firefighters and drug officers and certain diseases; provides for the use of monies in the Workplace Safety Account to study certain workers' compensation issues; provides for the study of certain workers' compensation issues. Effective: May 1, 2006.

HB 17

130

Motor vehicle insurance - UM/UIM

Relates to the Uninsured Motorist Identification Database Program Amendments; relates to commercial motor vehicle liability coverage, motor vehicle liability coverage, uninsured motorist coverage, underinsured motorist coverage or personal injury coverage; amends provisions regarding insurer notification of currently insured vehicles. Effective: May 1, 2006.

HB 33

176

Financial regulation

Relates to insurance investments; modifies the power to hold property in other than an insurer's own name, expands the permitted classes of investment, modifies investment limitations. Effective: May 1, 2006.

HB 34

177

Financial regulation

Modifies the Insurance Code to address reports and examinations; expands the purposes for which annual statement forms developed by the National Association of Insurance Commission shall be used; modifies examination provisions; addresses market regulation surveillance; deletes requirement that the Commissioner obtain and publish certain tables; adjusts reporting requirements of captive insurance companies. Effective: May 1, 2006.

HB 72

275

Workers' compensation - fund management

Amends the Insurance Code, the state Labor Code, and the state Administrative Services Code to address workers' compensation coverage for the state; addresses the makeup of the Workers' Compensation Fund's board of directors; deletes the requirement that state entities pay the Workers' Compensation Fund for workers' compensation coverage; establishes requirements for the state to secure payment of workers' compensation benefits for its employees. Effective: May 1, 2006.

HB 150

295

Workers' compensation -- omnibus law changes

Provides a mass revision of the Workers' Compensation Act and the State Occupational Disease Act. Effective: May 1, 2006.

HB 169

298

Motor vehicle insurance - enforcement issues

Authorizes the Drivers License Division to disclose personal identifying information to certain insurance or insurance support organizations that issue motor vehicle insurance for claims investigation, antifraud activities, rating or underwriting for minors or other drivers and depository institutions for use in accordance with federal law; provides that unauthorized use of such information by insurers and insurance support organizations is an unfair marketing or claim settlement practice. Effective: May 1, 2006.

HB 233

312

Producer licensure - suspensions, revocations

Relates to insurance licensing amendments; modifies the timing requirements for reporting to the commissioner that administrative or criminal action has been taken against certain persons; modifies the information a provider of viatical settlements is required to provide the Insurance Department; modifies title insurance agency licensure; amends provisions related to revocation, suspension, surrender, lapsing, or limiting of licenses, license types, and classifications. Effective: May 1, 2006.

HB 242

211

Motor vehicle insurance - watercraft issues

Modifies the Insurance Code, the State Boating Act, and the Financial Responsibility of Person Watercraft Owners and Operators Act; requires each resident owner and certain nonresident owners of a motorboat to maintain owner's and operator's security if the motorboat is operated on the water of the state; requires evidence of such security to be carried and displayed when required; provides requirements for a liability insurance policy purchased to satisfy the security requirement. Effective: May 1, 2006.

HB 272

320

Omnibus insurance law changes

Relates to insurance law amendments; expands immunity provision to include authorized representatives of the commissioner; clarifies taxation of a captive insurance company; creates a restricted special revenue fund called the Captive Insurance Special Revenue Fund with certain monies nonlapsing; modifies citations related to voluntary dissolution of a domestic insurance corporation; provides that the Life and Health Insurance Guaranty Association is not a state agency. Effective: May 1, 2006.

HB 308

197

Policy form filings

Modifies the Insurance Code to address requirements for policy or contracts; provides that an insurer unless otherwise provided by the Insurance Code shall follow the terms of an insurance policy issued or assumed by the insurer; clarifies application to cancellations of a reference in the provision related to nonrenewal of insurance policies by an insurer; addresses minimum requirements for personal injury protection coverage and benefits. Effective: May 1, 2006.

HB 363

201

Motor vehicle insurance - teen drivers

Provides the Driver License Division shall issue a learner permit to a person who is at least 15 years of age under certain conditions; provides the fee for a learner's permit; provides the requirement for an applicant with a learner permit to operate a motor vehicle; provides a applicant with a learner permit may obtain an original or provisions class D license under certain conditions; prohibits the issue of a temporary learner, instruction or practice permit after a specified date. Effective: May 1, 2006.

HB 403

332

Bail bonds

Modifies the Insurance Code and the Code of Criminal Procedure regarding bail bond securities; allows a bail bond company to pay a bond forfeiture prior to judgment; amends the process regarding posting proof of a surety bond; provides that for purposes of the sureties on an undertaking, a plea in abeyance is considered to be the same as a guilty plea; provides that the bail bond surety is not responsible regarding suspended or deferred sentencing. Effective: May 1, 2006.

SB 13

18

Motor vehicle insurance - traffic offenses

Provides that a court record of conviction or plea held in abeyance that is forwarded to the Driver License Division shall include certain information; provides that a person who holds or is required to hold such license is disqualified from driving a commercial motor vehicle for not less than one year if convicted of a first offense of failing to give aid or provide identification when involved in an accident resulting in death or personal injury. Effective: May 1, 2006.

SB 14

117

E-commerce

Modifies the Insurance Code to address the sunset dates for e-commerce fees; deletes the time frame limiting when e-commerce fees are treated as dedicated credits; deletes the sunset date for the e-commerce fees. Effective: Varies.

SB 18

341

Motor vehicle insurance - traffic offenses

Relates to driving under the influence amendments; amends the Criminal Code; provides for an ignition interlock system. Effective: May 1, 2006.

SB 51

30

Motor vehicle insurance - traffic offenses

Changes the penalty for causing a serious injury while operating a vehicle and also having marijuana or derivative equivalent substances in the body from the current class A misdemeanor to a third degree felony; revises the language regarding the imposition of a second degree felony if the operator has a Schedule I or Schedule II substances, other than marijuana, in the body, but does not change the penalties. Effective: May 1, 2006.

SB 88

230

Motor vehicle insurance - enforcement issues

Allows the Driver License Division to disclose portions of a driving record to an insurer or a designee of an insurer for purposes of assessing the driving risk of drivers covered by the insurer; requires the disclosure to contain certain information to identify drivers with reportable moving violations; requires the disclosure to be made under a contract with the insurer or its designee that specifies the criteria for searching and compiling of the driving records requested. Effective: May 1, 2006.

SB 115

125

Producer licensure - licensing requirements

Relates to continuing education in insurance; provides that an attorney meeting requirements for the Utah State Bar meets the continuing education requirements for certain title insurance licenses; provides different continuing education requirements for title insurance producers who have been licensed 20 or more consecutive years; requires continuing education documentation to be retained for two years. Effective: May 1, 2006.

SB 118

234

Motor vehicle insurance - teen drivers

Repeals the affirmative defense to the prohibition against a person younger than 17 years of age operating a motor vehicle on a highway between specified hours; provides that a person younger than 17 years of age may operate a motor vehicle on a highway between specified hours directly to the driver's residence from a school-sponsored activity if transportation that is provided to the activity commences and returns to the school property. Effective: May 1, 2006.

SB 129

164

Motor vehicle insurance - enforcement issues

Exempts a six-month motor vehicle registration from selected twelve-month motor vehicle registration provisions; creates an optional six-month motor vehicle registration for rental motor vehicles; addresses six-month motor vehicle registration renewals; makes a six-month motor vehicle registration subject to the Motor Vehicles Act; creates a uniform fee schedule for motor vehicles registered under the six-month registration period. Effective: Jan. 1, 2007.

SB 224

69

Motor vehicle insurance - UM/UIM

Modifies the Insurance Code; amends the provisions relating to arbitration for uninsured and underinsured motorist coverage claims; provides that the named insured or a covered person asserting a claim against a person's uninsured or underinsured motorist coverage may elect to resolve the claim by submitting the claim to binding arbitration of through litigation; provides the procedures for resolving the claim through arbitration. Effective: May 1, 2006.

The information contained in this summary is not intended as a portrayal of every property/casualty-related law enacted in each state. Rather, it represents recently enacted legislation specifically identified by NAMIC State and Regulatory Affairs Staff as bearing direct relevance to those issues that represent NAMIC's National State Legislative Agenda or otherwise deemed pertinent to the interests of the majority of NAMIC members.

This summary is for use as a convenient tool for our members, and is not intended, and should not be considered to be, legal advice. Please consult your legal representatives.