read Read

e-mail E-mailprint Print

2005 Summary of New State Laws - Utah

(Preliminary List of 2005 Enacted Legislation)

Issue

Bill #

Bill Description

Captives

HB 191

Would eliminate the premium tax on policies written by captive insurers and replace it with an annual fee at the time certificate of authority is obtained or renewed. Effective 60 days after adjournment and applicable retroactively to 1/1/05.

Miscellaneous New Insurance Provisions

(Cancellation and Nonrenewal Restrictions)

SB 48

Would prohibit cancellation or nonrenewal of motor vehicle or homeowner's policies based solely on specified circumstances. Effective 60 days after adjournment.

Licensure

HB 60

Amends producer licensing and continuing education requirements and procedures. Effective 60 days after adjournment.

Motor Vehicle Insurance

(Arbitration of Claims)

HB 235

Authorizes individuals injured in motor vehicle accidents to use arbitration to resolve a related claim. Effective 60 days after adjournment.

(Miscellaneous New Motor Vehicle Insurance Provisions)

SB 207

Would provide that if a claim is brought by the named insured or other covered person, liability coverage may not be stepped down because a permissive user, named insured or household or family member driving a covered vehicle is at fault in an accident. Effective 60 days after adjournment.

(Miscellaneous New Motor Vehicle Insurance Provisions)

SB 227

Modifies provisions relating to obtaining a state of Utah driver's license and prohibits nonresidents from being able to obtain a license. Effective upon being signed by the Governor.

(Proof of Coverage)

HB 235

Would require drivers to provide insurance information to other parties involved in an accident or to investigating officers. Effective 60 days after adjournment.

(UI/UIM)

SB 4

Would allow an insurer to offer additional uninsured motorist property damage coverages at appropriate premium rates. Effective 60 days after adjournment.

Omnibus Insurance Law Changes

HB 195

Addresses a variety of provisions within the state's insurance laws addressing powers and duties of the commissioner, tax payments, record maintenance, policy termination, reporting requirements, and unfair marketing practices. Effective 5/2/05. Chapter 123, Laws of 2005.

Surplus Lines

HB 200

The gross premium for a surplus lines transaction subject to taxation would be defined as the monetary consideration for an insurance policy including all fees charged to the insured. Effective 60 days after adjournment.

Tort Reform

(Allocation of Fault)

SB 10

Would specify conditions for allocating fault to non-parties in a lawsuit. Effective 60 days after adjournment.

Workers' Compensation

(Premium Offset)

SB 159

Would provide an offset against the premium assessment on workers' compensation insurance for qualified donations to an occupational health and safety center. Effective retrospectively to 1/1/05, and to be repealed 12/31/10.

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.

Utah State Resource Center