Utah 2023 Regular Session

Utah House Bill HB0245 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 245
	1	+	2nd Sub. H.B. 245
	2	+	LEGISLATIVE GENERAL COUNSEL
	3	+	6 Approved for Filing: K.P. Gasser 6
	4	+	6 02-06-23 3:02 PM 6
	5	+	H.B. 245
	6	+	2nd Sub. (Gray)
	7	+	Representative Nelson T. Abbott proposes the following substitute bill:
2	8		1 UNINSURED MOTORI ST AMENDMENTS
3	9		2 2023 GENERAL SESSION
4	10		3 STATE OF UTAH
5	11		4 Chief Sponsor: Nelson T. Abbott
6	12		5 Senate Sponsor: Curtis S. Bramble
7	13		6
8	14		7LONG TITLE
9	15		8General Description:
10	16		9 This bill amends provisions related to underinsured motorist coverage.
11	17		10Highlighted Provisions:
12	18		11 This bill:
13	19		12 <amends provisions related to the commencement of an action related to an
14	20		13underinsured motorist claim; and
15	21		14 <makes technical changes.
16	22		15Money Appropriated in this Bill:
17	23		16 None
18	24		17Other Special Clauses:
19	25		18 None
20	26		19Utah Code Sections Affected:
21	27		20AMENDS:
22	28		21 31A-22-305, as last amended by Laws of Utah 2022, Chapter 163
23	29		22 31A-22-305.3, as last amended by Laws of Utah 2022, Chapters 163, 198
24	30		23
25	31		24Be it enacted by the Legislature of the state of Utah:
26	32		25 Section 1. Section 31A-22-305 is amended to read:
	33	+	HB0245S02 2nd Sub. (Gray) H.B. 245 02-06-23 3:02 PM
	34	+	- 2 -
27	35		26 31A-22-305. Uninsured motorist coverage.
28	36		27 (1) As used in this section, "covered persons" includes:
29	37		28 (a) the named insured;
30		-	29 (b) for a claim arising on or after May 13, 2014, the named insured's dependent minor H.B. 245 Enrolled Copy
31		-	- 2 -
	38	+	29 (b) for a claim arising on or after May 13, 2014, the named insured's dependent minor
32	39		30children;
33	40		31 (c) persons related to the named insured by blood, marriage, adoption, or guardianship,
34	41		32who are residents of the named insured's household, including those who usually make their
35	42		33home in the same household but temporarily live elsewhere;
36	43		34 (d) any person occupying or using a motor vehicle:
37	44		35 (i) referred to in the policy; or
38	45		36 (ii) owned by a self-insured; and
39	46		37 (e) any person who is entitled to recover damages against the owner or operator of the
40	47		38uninsured or underinsured motor vehicle because of bodily injury to or death of persons under
41	48		39Subsection (1)(a), (b), (c), or (d).
42	49		40 (2) As used in this section, "uninsured motor vehicle" includes:
43	50		41 (a) (i) a motor vehicle, the operation, maintenance, or use of which is not covered
44	51		42under a liability policy at the time of an injury-causing occurrence; or
45	52		43 (ii) (A) a motor vehicle covered with lower liability limits than required by Section
46	53		4431A-22-304; and
47	54		45 (B) the motor vehicle described in Subsection (2)(a)(ii)(A) is uninsured to the extent of
48	55		46the deficiency;
49	56		47 (b) an unidentified motor vehicle that left the scene of an accident proximately caused
50	57		48by the motor vehicle operator;
51	58		49 (c) a motor vehicle covered by a liability policy, but coverage for an accident is
52	59		50disputed by the liability insurer for more than 60 days or continues to be disputed for more than
53	60		5160 days; or
54	61		52 (d) (i) an insured motor vehicle if, before or after the accident, the liability insurer of
55	62		53the motor vehicle is declared insolvent by a court of competent jurisdiction; and
56	63		54 (ii) the motor vehicle described in Subsection (2)(d)(i) is uninsured only to the extent
57	64		55that the claim against the insolvent insurer is not paid by a guaranty association or fund.
58		-	56 (3) Uninsured motorist coverage under Subsection 31A-22-302(1)(b) provides
59		-	57coverage for covered persons who are legally entitled to recover damages from owners or Enrolled Copy H.B. 245
	65	+	56 (3) Uninsured motorist coverage under Subsection 31A-22-302(1)(b) provides 02-06-23 3:02 PM 2nd Sub. (Gray) H.B. 245
60	66		- 3 -
	67	+	57coverage for covered persons who are legally entitled to recover damages from owners or
61	68		58operators of uninsured motor vehicles because of bodily injury, sickness, disease, or death.
62	69		59 (4) (a) For new policies written on or after January 1, 2001, the limits of uninsured
63	70		60motorist coverage shall be equal to the lesser of the limits of the named insured's motor vehicle
64	71		61liability coverage or the maximum uninsured motorist coverage limits available by the insurer
65	72		62under the named insured's motor vehicle policy, unless a named insured rejects or purchases
66	73		63coverage in a lesser amount by signing an acknowledgment form that:
67	74		64 (i) is filed with the department;
68	75		65 (ii) is provided by the insurer;
69	76		66 (iii) waives the higher coverage;
70	77		67 (iv) need only state in this or similar language that uninsured motorist coverage
71	78		68provides benefits or protection to you and other covered persons for bodily injury resulting
72	79		69from an accident caused by the fault of another party where the other party has no liability
73	80		70insurance; and
74	81		71 (v) discloses the additional premiums required to purchase uninsured motorist
75	82		72coverage with limits equal to the lesser of the limits of the named insured's motor vehicle
76	83		73liability coverage or the maximum uninsured motorist coverage limits available by the insurer
77	84		74under the named insured's motor vehicle policy.
78	85		75 (b) Any selection or rejection under this Subsection (4) continues for that issuer of the
79	86		76liability coverage until the insured requests, in writing, a change of uninsured motorist
80	87		77coverage from that liability insurer.
81	88		78 (c) (i) Subsections (4)(a) and (b) apply retroactively to any claim arising on or after
82	89		79January 1, 2001, for which, as of May 14, 2013, an insured has not made a written demand for
83	90		80arbitration or filed a complaint in a court of competent jurisdiction.
84	91		81 (ii) The Legislature finds that the retroactive application of Subsections (4)(a) and (b)
85	92		82clarifies legislative intent and does not enlarge, eliminate, or destroy vested rights.
86	93		83 (d) For purposes of this Subsection (4), "new policy" means:
87	94		84 (i) any policy that is issued which does not include a renewal or reinstatement of an
88		-	85existing policy; or H.B. 245 Enrolled Copy
	95	+	85existing policy; or
	96	+	86 (ii) a change to an existing policy that results in:
	97	+	87 (A) a named insured being added to or deleted from the policy; or 2nd Sub. (Gray) H.B. 245 02-06-23 3:02 PM
89	98		- 4 -
90		-	86 (ii) a change to an existing policy that results in:
91		-	87 (A) a named insured being added to or deleted from the policy; or
92	99		88 (B) a change in the limits of the named insured's motor vehicle liability coverage.
93	100		89 (e) (i) As used in this Subsection (4)(e), "additional motor vehicle" means a change
94	101		90that increases the total number of vehicles insured by the policy, and does not include
95	102		91replacement, substitute, or temporary vehicles.
96	103		92 (ii) The adding of an additional motor vehicle to an existing personal lines or
97	104		93commercial lines policy does not constitute a new policy for purposes of Subsection (4)(d).
98	105		94 (iii) If an additional motor vehicle is added to a personal lines policy where uninsured
99	106		95motorist coverage has been rejected, or where uninsured motorist limits are lower than the
100	107		96named insured's motor vehicle liability limits, the insurer shall provide a notice to a named
101	108		97insured within 30 days that:
102	109		98 (A) in the same manner as described in Subsection (4)(a)(iv), explains the purpose of
103	110		99uninsured motorist coverage; and
104	111		100 (B) encourages the named insured to contact the insurance company or insurance
105	112		101producer for quotes as to the additional premiums required to purchase uninsured motorist
106	113		102coverage with limits equal to the lesser of the limits of the named insured's motor vehicle
107	114		103liability coverage or the maximum uninsured motorist coverage limits available by the insurer
108	115		104under the named insured's motor vehicle policy.
109	116		105 (f) A change in policy number resulting from any policy change not identified under
110	117		106Subsection (4)(d)(ii) does not constitute a new policy.
111	118		107 (g) (i) Subsection (4)(d) applies retroactively to any claim arising on or after January 1,
112	119		1082001, for which, as of May 1, 2012, an insured has not made a written demand for arbitration
113	120		109or filed a complaint in a court of competent jurisdiction.
114	121		110 (ii) The Legislature finds that the retroactive application of Subsection (4):
115	122		111 (A) does not enlarge, eliminate, or destroy vested rights; and
116	123		112 (B) clarifies legislative intent.
117		-	113 (h) A self-insured, including a governmental entity, may elect to provide uninsured Enrolled Copy H.B. 245
118		-	- 5 -
	124	+	113 (h) A self-insured, including a governmental entity, may elect to provide uninsured
119	125		114motorist coverage in an amount that is less than its maximum self-insured retention under
120	126		115Subsections (4)(a) and (5)(a) by issuing a declaratory memorandum or policy statement from
121	127		116the chief financial officer or chief risk officer that declares the:
122	128		117 (i) self-insured entity's coverage level; and
123		-	118 (ii) process for filing an uninsured motorist claim.
	129	+	118 (ii) process for filing an uninsured motorist claim. 02-06-23 3:02 PM 2nd Sub. (Gray) H.B. 245
	130	+	- 5 -
124	131		119 (i) Uninsured motorist coverage may not be sold with limits that are less than the
125	132		120minimum bodily injury limits for motor vehicle liability policies under Section 31A-22-304.
126	133		121 (j) The acknowledgment under Subsection (4)(a) continues for that issuer of the
127	134		122uninsured motorist coverage until the named insured requests, in writing, different uninsured
128	135		123motorist coverage from the insurer.
129	136		124 (k) (i) In conjunction with the first two renewal notices sent after January 1, 2001, for
130	137		125policies existing on that date, the insurer shall disclose in the same medium as the premium
131	138		126renewal notice, an explanation of:
132	139		127 (A) the purpose of uninsured motorist coverage in the same manner as described in
133	140		128Subsection (4)(a)(iv); and
134	141		129 (B) a disclosure of the additional premiums required to purchase uninsured motorist
135	142		130coverage with limits equal to the lesser of the limits of the named insured's motor vehicle
136	143		131liability coverage or the maximum uninsured motorist coverage limits available by the insurer
137	144		132under the named insured's motor vehicle policy.
138	145		133 (ii) The disclosure required under Subsection (4)(k)(i) shall be sent to all named
139	146		134insureds that carry uninsured motorist coverage limits in an amount less than the named
140	147		135insured's motor vehicle liability policy limits or the maximum uninsured motorist coverage
141	148		136limits available by the insurer under the named insured's motor vehicle policy.
142	149		137 (l) For purposes of this Subsection (4), a notice or disclosure sent to a named insured in
143	150		138a household constitutes notice or disclosure to all insureds within the household.
144	151		139 (5) (a) (i) Except as provided in Subsection (5)(b), the named insured may reject
145	152		140uninsured motorist coverage by an express writing to the insurer that provides liability
146		-	141coverage under Subsection 31A-22-302(1)(a). H.B. 245 Enrolled Copy
147		-	- 6 -
	153	+	141coverage under Subsection 31A-22-302(1)(a).
148	154		142 (ii) This rejection shall be on a form provided by the insurer that includes a reasonable
149	155		143explanation of the purpose of uninsured motorist coverage.
150	156		144 (iii) This rejection continues for that issuer of the liability coverage until the insured in
151	157		145writing requests uninsured motorist coverage from that liability insurer.
152	158		146 (b) (i) All persons, including governmental entities, that are engaged in the business of,
153	159		147or that accept payment for, transporting natural persons by motor vehicle, and all school
154	160		148districts that provide transportation services for their students, shall provide coverage for all
155		-	149motor vehicles used for that purpose, by purchase of a policy of insurance or by self-insurance,
	161	+	149motor vehicles used for that purpose, by purchase of a policy of insurance or by self-insurance, 2nd Sub. (Gray) H.B. 245 02-06-23 3:02 PM
	162	+	- 6 -Senate Committee Amendments 2-13-2023 lp/kpg
156	163		150uninsured motorist coverage of at least $25,000 per person and $500,000 per accident.
157	164		151 (ii) This coverage is secondary to any other insurance covering an injured covered
158	165		152person.
159	166		153 (c) Uninsured motorist coverage:
160	167		154 (i) does not cover any benefit paid or payable under Title 34A, Chapter 2, Workers'
161	168		155Compensation Act, except that the covered person is credited an amount described in
162	169		156Subsection 34A-2-106(5);
163	170		157 (ii) may not be subrogated by the workers' compensation insurance carrier, workers'
164	171		158compensation insurance, uninsured employer, the Uninsured Employers Fund created in
165	172		159Section 34A-2-704, or the Employers' Reinsurance Fund created in Section 34A-2-702;
166	173		160 (iii) may not be reduced by any benefits provided by workers' compensation insurance,
167	174		161uninsured employer, the Uninsured Employers Fund created in Section 34A-2-704, or the
168	175		162Employers' Reinsurance Fund created in Section 34A-2-702;
169		-	163 (iv) notwithstanding Subsection 31A-1-103(3)(f), may be reduced by health insurance
	176	+	163 (iv) notwithstanding Subsection 31A-1-103(3) Öº (f) »Ö , may be reduced by health
	177	+	163ainsurance
170	178		164subrogation only after the covered person has been made whole;
171	179		165 (v) may not be collected for bodily injury or death sustained by a person:
172	180		166 (A) while committing a violation of Section 41-1a-1314;
173	181		167 (B) who, as a passenger in a vehicle, has knowledge that the vehicle is being operated
174	182		168in violation of Section 41-1a-1314; or
175		-	169 (C) while committing a felony; and Enrolled Copy H.B. 245
176		-	- 7 -
	183	+	169 (C) while committing a felony; and
177	184		170 (vi) notwithstanding Subsection (5)(c)(v), may be recovered:
178	185		171 (A) for a person under 18 years old who is injured within the scope of Subsection
179	186		172(5)(c)(v) but limited to medical and funeral expenses; or
180	187		173 (B) by a law enforcement officer as defined in Section 53-13-103, who is injured
181	188		174within the course and scope of the law enforcement officer's duties.
182	189		175 (d) As used in this Subsection (5), "motor vehicle" has the same meaning as under
183	190		176Section 41-1a-102.
184	191		177 (6) When a covered person alleges that an uninsured motor vehicle under Subsection
185	192		178(2)(b) proximately caused an accident without touching the covered person or the motor
186	193		179vehicle occupied by the covered person, the covered person shall show the existence of the
187		-	180uninsured motor vehicle by clear and convincing evidence consisting of more than the covered
	194	+	180uninsured motor vehicle by clear and convincing evidence consisting of more than the covered 02-06-23 3:02 PM 2nd Sub. (Gray) H.B. 245
	195	+	- 7 -
188	196		181person's testimony.
189	197		182 (7) (a) The limit of liability for uninsured motorist coverage for two or more motor
190	198		183vehicles may not be added together, combined, or stacked to determine the limit of insurance
191	199		184coverage available to an injured person for any one accident.
192	200		185 (b) (i) Subsection (7)(a) applies to all persons except a covered person as defined under
193	201		186Subsection (8)(b).
194	202		187 (ii) A covered person as defined under Subsection (8)(b)(ii) is entitled to the highest
195	203		188limits of uninsured motorist coverage afforded for any one motor vehicle that the covered
196	204		189person is the named insured or an insured family member.
197	205		190 (iii) This coverage shall be in addition to the coverage on the motor vehicle the covered
198	206		191person is occupying.
199	207		192 (iv) Neither the primary nor the secondary coverage may be set off against the other.
200	208		193 (c) Coverage on a motor vehicle occupied at the time of an accident shall be primary
201	209		194coverage, and the coverage elected by a person described under Subsections (1)(a)[, (b), and]
202	210		195through (c) shall be secondary coverage.
203	211		196 (8) (a) Uninsured motorist coverage under this section applies to bodily injury,
204		-	197sickness, disease, or death of covered persons while occupying or using a motor vehicle only if H.B. 245 Enrolled Copy
205		-	- 8 -
	212	+	197sickness, disease, or death of covered persons while occupying or using a motor vehicle only if
206	213		198the motor vehicle is described in the policy under which a claim is made, or if the motor
207	214		199vehicle is a newly acquired or replacement motor vehicle covered under the terms of the policy.
208	215		200Except as provided in Subsection (7) or this Subsection (8), a covered person injured in a
209	216		201motor vehicle described in a policy that includes uninsured motorist benefits may not elect to
210	217		202collect uninsured motorist coverage benefits from any other motor vehicle insurance policy
211	218		203under which the person is a covered person.
212	219		204 (b) Each of the following persons may also recover uninsured motorist benefits under
213	220		205any one other policy in which they are described as a "covered person" as defined in Subsection
214	221		206(1):
215	222		207 (i) a covered person injured as a pedestrian by an uninsured motor vehicle; and
216	223		208 (ii) except as provided in Subsection (8)(c), a covered person injured while occupying
217	224		209or using a motor vehicle that is not owned, leased, or furnished:
218	225		210 (A) to the covered person;
219		-	211 (B) to the covered person's spouse; or
	226	+	211 (B) to the covered person's spouse; or 2nd Sub. (Gray) H.B. 245 02-06-23 3:02 PM
	227	+	- 8 -
220	228		212 (C) to the covered person's resident parent or resident sibling.
221	229		213 (c) (i) A covered person may recover benefits from no more than two additional
222	230		214policies, one additional policy from each parent's household if the covered person is:
223	231		215 (A) a dependent minor of parents who reside in separate households; and
224	232		216 (B) injured while occupying or using a motor vehicle that is not owned, leased, or
225	233		217furnished:
226	234		218 (I) to the covered person;
227	235		219 (II) to the covered person's resident parent; or
228	236		220 (III) to the covered person's resident sibling.
229	237		221 (ii) Each parent's policy under this Subsection (8)(c) is liable only for the percentage of
230	238		222the damages that the limit of liability of each parent's policy of uninsured motorist coverage
231	239		223bears to the total of both parents' uninsured coverage applicable to the accident.
232	240		224 (d) A covered person's recovery under any available policies may not exceed the full
233		-	225amount of damages. Enrolled Copy H.B. 245
234		-	- 9 -
	241	+	225amount of damages.
235	242		226 (e) A covered person in Subsection (8)(b) is not barred against making subsequent
236	243		227elections if recovery is unavailable under previous elections.
237	244		228 (f) (i) As used in this section, "interpolicy stacking" means recovering benefits for a
238	245		229single incident of loss under more than one insurance policy.
239	246		230 (ii) Except to the extent permitted by Subsection (7) and this Subsection (8),
240	247		231interpolicy stacking is prohibited for uninsured motorist coverage.
241	248		232 (9) (a) When a claim is brought by a named insured or a person described in
242	249		233Subsection (1) and is asserted against the covered person's uninsured motorist carrier, the
243	250		234claimant may elect to resolve the claim:
244	251		235 (i) by submitting the claim to binding arbitration; or
245	252		236 (ii) through litigation.
246	253		237 (b) Unless otherwise provided in the policy under which uninsured benefits are
247	254		238claimed, the election provided in Subsection (9)(a) is available to the claimant only, except that
248	255		239if the policy under which insured benefits are claimed provides that either an insured or the
249	256		240insurer may elect arbitration, the insured or the insurer may elect arbitration and that election to
250	257		241arbitrate shall stay the litigation of the claim under Subsection (9)(a)(ii).
251		-	242 (c) Once the claimant has elected to commence litigation under Subsection (9)(a)(ii),
	258	+	242 (c) Once the claimant has elected to commence litigation under Subsection (9)(a)(ii), 02-06-23 3:02 PM 2nd Sub. (Gray) H.B. 245
	259	+	- 9 -
252	260		243the claimant may not elect to resolve the claim through binding arbitration under this section
253	261		244without the written consent of the uninsured motorist carrier.
254	262		245 (d) For purposes of the statute of limitations applicable to a claim described in
255	263		246Subsection (9)(a), if the claimant does not elect to resolve the claim through litigation, the
256	264		247claim is considered filed when the claimant submits the claim to binding arbitration in
257	265		248accordance with this Subsection (9).
258	266		249 (e) (i) Unless otherwise agreed to in writing by the parties, a claim that is submitted to
259	267		250binding arbitration under Subsection (9)(a)(i) shall be resolved by a single arbitrator.
260	268		251 (ii) All parties shall agree on the single arbitrator selected under Subsection (9)(e)(i).
261	269		252 (iii) If the parties are unable to agree on a single arbitrator as required under Subsection
262		-	253(9)(e)(ii), the parties shall select a panel of three arbitrators. H.B. 245 Enrolled Copy
263		-	- 10 -
	270	+	253(9)(e)(ii), the parties shall select a panel of three arbitrators.
264	271		254 (f) If the parties select a panel of three arbitrators under Subsection (9)(e)(iii):
265	272		255 (i) each side shall select one arbitrator; and
266	273		256 (ii) the arbitrators appointed under Subsection (9)(f)(i) shall select one additional
267	274		257arbitrator to be included in the panel.
268	275		258 (g) Unless otherwise agreed to in writing:
269	276		259 (i) each party shall pay an equal share of the fees and costs of the arbitrator selected
270	277		260under Subsection (9)(e)(i); or
271	278		261 (ii) if an arbitration panel is selected under Subsection (9)(e)(iii):
272	279		262 (A) each party shall pay the fees and costs of the arbitrator selected by that party; and
273	280		263 (B) each party shall pay an equal share of the fees and costs of the arbitrator selected
274	281		264under Subsection (9)(f)(ii).
275	282		265 (h) Except as otherwise provided in this section or unless otherwise agreed to in
276	283		266writing by the parties, an arbitration proceeding conducted under this section shall be governed
277	284		267by Title 78B, Chapter 11, Utah Uniform Arbitration Act.
278	285		268 (i) (i) The arbitration shall be conducted in accordance with Rules 26(a)(4) through (f),
279	286		26927 through 37, 54, and 68 of the Utah Rules of Civil Procedure, once the requirements of
280	287		270Subsections (10)(a) through (c) are satisfied.
281	288		271 (ii) The specified tier as defined by Rule 26(c)(3) of the Utah Rules of Civil Procedure
282	289		272shall be determined based on the claimant's specific monetary amount in the written demand
283		-	273for payment of uninsured motorist coverage benefits as required in Subsection (10)(a)(i)(A).
	290	+	273for payment of uninsured motorist coverage benefits as required in Subsection (10)(a)(i)(A). 2nd Sub. (Gray) H.B. 245 02-06-23 3:02 PM
	291	+	- 10 -
284	292		274 (iii) Rules 26.1 and 26.2 of the Utah Rules of Civil Procedure do not apply to
285	293		275arbitration claims under this part.
286	294		276 (j) All issues of discovery shall be resolved by the arbitrator or the arbitration panel.
287	295		277 (k) A written decision by a single arbitrator or by a majority of the arbitration panel
288	296		278shall constitute a final decision.
289	297		279 (l) (i) Except as provided in Subsection (10), the amount of an arbitration award may
290	298		280not exceed the uninsured motorist policy limits of all applicable uninsured motorist policies,
291		-	281including applicable uninsured motorist umbrella policies. Enrolled Copy H.B. 245
292		-	- 11 -
	299	+	281including applicable uninsured motorist umbrella policies.
293	300		282 (ii) If the initial arbitration award exceeds the uninsured motorist policy limits of all
294	301		283applicable uninsured motorist policies, the arbitration award shall be reduced to an amount
295	302		284equal to the combined uninsured motorist policy limits of all applicable uninsured motorist
296	303		285policies.
297	304		286 (m) The arbitrator or arbitration panel may not decide the issues of coverage or
298	305		287extra-contractual damages, including:
299	306		288 (i) whether the claimant is a covered person;
300	307		289 (ii) whether the policy extends coverage to the loss; or
301	308		290 (iii) any allegations or claims asserting consequential damages or bad faith liability.
302	309		291 (n) The arbitrator or arbitration panel may not conduct arbitration on a class-wide or
303	310		292class-representative basis.
304	311		293 (o) If the arbitrator or arbitration panel finds that the action was not brought, pursued,
305	312		294or defended in good faith, the arbitrator or arbitration panel may award reasonable attorney fees
306	313		295and costs against the party that failed to bring, pursue, or defend the claim in good faith.
307	314		296 (p) An arbitration award issued under this section shall be the final resolution of all
308	315		297claims not excluded by Subsection (9)(m) between the parties unless:
309	316		298 (i) the award was procured by corruption, fraud, or other undue means;
310	317		299 (ii) either party, within 20 days after service of the arbitration award:
311	318		300 (A) files a complaint requesting a trial de novo in the district court; and
312	319		301 (B) serves the nonmoving party with a copy of the complaint requesting a trial de novo
313	320		302under Subsection (9)(p)(ii)(A).
314	321		303 (q) (i) Upon filing a complaint for a trial de novo under Subsection (9)(p), the claim
315		-	304shall proceed through litigation pursuant to the Utah Rules of Civil Procedure and Utah Rules
	322	+	304shall proceed through litigation pursuant to the Utah Rules of Civil Procedure and Utah Rules 02-06-23 3:02 PM 2nd Sub. (Gray) H.B. 245
	323	+	- 11 -
316	324		305of Evidence in the district court.
317	325		306 (ii) In accordance with Rule 38, Utah Rules of Civil Procedure, either party may
318	326		307request a jury trial with a complaint requesting a trial de novo under Subsection (9)(p)(ii)(A).
319	327		308 (r) (i) If the claimant, as the moving party in a trial de novo requested under Subsection
320		-	309(9)(p), does not obtain a verdict that is at least $5,000 and is at least 20% greater than the H.B. 245 Enrolled Copy
321		-	- 12 -
	328	+	309(9)(p), does not obtain a verdict that is at least $5,000 and is at least 20% greater than the
322	329		310arbitration award, the claimant is responsible for all of the nonmoving party's costs.
323	330		311 (ii) If the uninsured motorist carrier, as the moving party in a trial de novo requested
324	331		312under Subsection (9)(p), does not obtain a verdict that is at least 20% less than the arbitration
325	332		313award, the uninsured motorist carrier is responsible for all of the nonmoving party's costs.
326	333		314 (iii) Except as provided in Subsection (9)(r)(iv), the costs under this Subsection (9)(r)
327	334		315shall include:
328	335		316 (A) any costs set forth in Rule 54(d), Utah Rules of Civil Procedure; and
329	336		317 (B) the costs of expert witnesses and depositions.
330	337		318 (iv) An award of costs under this Subsection (9)(r) may not exceed $2,500 unless
331	338		319Subsection (10)(h)(iii) applies.
332	339		320 (s) For purposes of determining whether a party's verdict is greater or less than the
333	340		321arbitration award under Subsection (9)(r), a court may not consider any recovery or other relief
334	341		322granted on a claim for damages if the claim for damages:
335	342		323 (i) was not fully disclosed in writing prior to the arbitration proceeding; or
336	343		324 (ii) was not disclosed in response to discovery contrary to the Utah Rules of Civil
337	344		325Procedure.
338	345		326 (t) If a district court determines, upon a motion of the nonmoving party, that the
339	346		327moving party's use of the trial de novo process was filed in bad faith in accordance with
340	347		328Section 78B-5-825, the district court may award reasonable attorney fees to the nonmoving
341	348		329party.
342	349		330 (u) Nothing in this section is intended to limit any claim under any other portion of an
343	350		331applicable insurance policy.
344	351		332 (v) If there are multiple uninsured motorist policies, as set forth in Subsection (8), the
345	352		333claimant may elect to arbitrate in one hearing the claims against all the uninsured motorist
346	353		334carriers.
347		-	335 (10) (a) Within 30 days after a covered person elects to submit a claim for uninsured
	354	+	335 (10) (a) Within 30 days after a covered person elects to submit a claim for uninsured 2nd Sub. (Gray) H.B. 245 02-06-23 3:02 PM
	355	+	- 12 -
348	356		336motorist benefits to binding arbitration or files litigation, the covered person shall provide to
349		-	337the uninsured motorist carrier: Enrolled Copy H.B. 245
350		-	- 13 -
	357	+	337the uninsured motorist carrier:
351	358		338 (i) a written demand for payment of uninsured motorist coverage benefits, setting forth:
352	359		339 (A) subject to Subsection [(10)(m),] (10)(l), the specific monetary amount of the
353	360		340demand, including a computation of the covered person's claimed past medical expenses,
354	361		341claimed past lost wages, and the other claimed past economic damages; and
355	362		342 (B) the factual and legal basis and any supporting documentation for the demand;
356	363		343 (ii) a written statement under oath disclosing:
357	364		344 (A) (I) the names and last known addresses of all health care providers who have
358	365		345rendered health care services to the covered person that are material to the claims for which
359	366		346uninsured motorist benefits are sought for a period of five years preceding the date of the event
360	367		347giving rise to the claim for uninsured motorist benefits up to the time the election for
361	368		348arbitration or litigation has been exercised; and
362	369		349 (II) the names and last known addresses of the health care providers who have rendered
363	370		350health care services to the covered person, which the covered person claims are immaterial to
364	371		351the claims for which uninsured motorist benefits are sought, for a period of five years
365	372		352preceding the date of the event giving rise to the claim for uninsured motorist benefits up to the
366	373		353time the election for arbitration or litigation has been exercised that have not been disclosed
367	374		354under Subsection (10)(a)(ii)(A)(I);
368	375		355 (B) (I) the names and last known addresses of all health insurers or other entities to
369	376		356whom the covered person has submitted claims for health care services or benefits material to
370	377		357the claims for which uninsured motorist benefits are sought, for a period of five years
371	378		358preceding the date of the event giving rise to the claim for uninsured motorist benefits up to the
372	379		359time the election for arbitration or litigation has been exercised; and
373	380		360 (II) the names and last known addresses of the health insurers or other entities to whom
374	381		361the covered person has submitted claims for health care services or benefits, which the covered
375	382		362person claims are immaterial to the claims for which uninsured motorist benefits are sought,
376	383		363for a period of five years preceding the date of the event giving rise to the claim for uninsured
377	384		364motorist benefits up to the time the election for arbitration or litigation have not been disclosed;
378		-	365 (C) if lost wages, diminished earning capacity, or similar damages are claimed, all ~~H.B. 245 Enrolled Copy~~
379		-	~~- 14 -~~
380		-	~~366employers of the covered person for a period of five years preceding the date of the event~~
	385	+	365 (C) if lost wages, diminished earning capacity, or similar damages are claimed, all
	386	+	366employers of the covered person for a period of five years preceding the date of the event 02-06-23 3:02 PM 2nd Sub. (Gray) H.B. 245
	387	+	- 13 -
381	388		367giving rise to the claim for uninsured motorist benefits up to the time the election for
382	389		368arbitration or litigation has been exercised;
383	390		369 (D) other documents to reasonably support the claims being asserted; and
384	391		370 (E) all state and federal statutory lienholders including a statement as to whether the
385	392		371covered person is a recipient of Medicare or Medicaid benefits or Utah Children's Health
386	393		372Insurance Program benefits under Title 26, Chapter 40, Utah Children's Health Insurance Act,
387	394		373or if the claim is subject to any other state or federal statutory liens; and
388	395		374 (iii) signed authorizations to allow the uninsured motorist carrier to only obtain records
389	396		375and billings from the individuals or entities disclosed under Subsections (10)(a)(ii)(A)(I),
390	397		376(B)(I), and (C).
391	398		377 (b) (i) If the uninsured motorist carrier determines that the disclosure of undisclosed
392	399		378health care providers or health care insurers under Subsection (10)(a)(ii) is reasonably
393	400		379necessary, the uninsured motorist carrier may:
394	401		380 (A) make a request for the disclosure of the identity of the health care providers or
395	402		381health care insurers; and
396	403		382 (B) make a request for authorizations to allow the uninsured motorist carrier to only
397	404		383obtain records and billings from the individuals or entities not disclosed.
398	405		384 (ii) If the covered person does not provide the requested information within 10 days:
399	406		385 (A) the covered person shall disclose, in writing, the legal or factual basis for the
400	407		386failure to disclose the health care providers or health care insurers; and
401	408		387 (B) either the covered person or the uninsured motorist carrier may request the
402	409		388arbitrator or arbitration panel to resolve the issue of whether the identities or records are to be
403	410		389provided if the covered person has elected arbitration.
404	411		390 (iii) The time periods imposed by Subsection (10)(c)(i) are tolled pending resolution of
405	412		391the dispute concerning the disclosure and production of records of the health care providers or
406	413		392health care insurers.
407		-	393 (c) (i) An uninsured motorist carrier that receives an election for arbitration or a notice Enrolled Copy H.B. 245
408		-	- 15 -
	414	+	393 (c) (i) An uninsured motorist carrier that receives an election for arbitration or a notice
409	415		394of filing litigation and the demand for payment of uninsured motorist benefits under Subsection
410	416		395(10)(a)(i) shall have a reasonable time, not to exceed 60 days from the date of the demand and
411	417		396receipt of the items specified in Subsections (10)(a)(i) through (iii), to:
412		-	397 (A) provide a written response to the written demand for payment provided for in
	418	+	397 (A) provide a written response to the written demand for payment provided for in 2nd Sub. (Gray) H.B. 245 02-06-23 3:02 PM
	419	+	- 14 -
413	420		398Subsection (10)(a)(i);
414	421		399 (B) except as provided in Subsection (10)(c)(i)(C), tender the amount, if any, of the
415	422		400uninsured motorist carrier's determination of the amount owed to the covered person; and
416	423		401 (C) if the covered person is a recipient of Medicare or Medicaid benefits or Utah
417	424		402Children's Health Insurance Program benefits under Title 26, Chapter 40, Utah Children's
418	425		403Health Insurance Act, or if the claim is subject to any other state or federal statutory liens,
419	426		404tender the amount, if any, of the uninsured motorist carrier's determination of the amount owed
420	427		405to the covered person less:
421	428		406 (I) if the amount of the state or federal statutory lien is established, the amount of the
422	429		407lien; or
423	430		408 (II) if the amount of the state or federal statutory lien is not established, two times the
424	431		409amount of the medical expenses subject to the state or federal statutory lien until such time as
425	432		410the amount of the state or federal statutory lien is established.
426	433		411 (ii) If the amount tendered by the uninsured motorist carrier under Subsection (10)(c)(i)
427	434		412is the total amount of the uninsured motorist policy limits, the tendered amount shall be
428	435		413accepted by the covered person.
429	436		414 (d) A covered person who receives a written response from an uninsured motorist
430	437		415carrier as provided for in Subsection (10)(c)(i), may:
431	438		416 (i) elect to accept the amount tendered in Subsection (10)(c)(i) as payment in full of all
432	439		417uninsured motorist claims; or
433	440		418 (ii) elect to:
434	441		419 (A) accept the amount tendered in Subsection (10)(c)(i) as partial payment of all
435	442		420uninsured motorist claims; and
436		-	421 (B) continue to litigate or arbitrate the remaining claim in accordance with the election H.B. 245 Enrolled Copy
437		-	- 16 -
	443	+	421 (B) continue to litigate or arbitrate the remaining claim in accordance with the election
438	444		422made under Subsections [(9)(a), (b), and] (9)(a) through (c).
439	445		423 (e) If a covered person elects to accept the amount tendered under Subsection (10)(c)(i)
440	446		424as partial payment of all uninsured motorist claims, the final award obtained through
441	447		425arbitration, litigation, or later settlement shall be reduced by any payment made by the
442	448		426uninsured motorist carrier under Subsection (10)(c)(i).
443	449		427 (f) In an arbitration proceeding on the remaining uninsured claims:
444		-	428 (i) the parties may not disclose to the arbitrator or arbitration panel the amount paid
	450	+	428 (i) the parties may not disclose to the arbitrator or arbitration panel the amount paid 02-06-23 3:02 PM 2nd Sub. (Gray) H.B. 245
	451	+	- 15 -
445	452		429under Subsection (10)(c)(i) until after the arbitration award has been rendered; and
446	453		430 (ii) the parties may not disclose the amount of the limits of uninsured motorist benefits
447	454		431provided by the policy.
448	455		432 (g) If the final award obtained through arbitration or litigation is greater than the
449	456		433average of the covered person's initial written demand for payment provided for in Subsection
450	457		434(10)(a)(i) and the uninsured motorist carrier's initial written response provided for in
451	458		435Subsection (10)(c)(i), the uninsured motorist carrier shall pay:
452	459		436 (i) the final award obtained through arbitration or litigation, except that if the award
453	460		437exceeds the policy limits of the subject uninsured motorist policy by more than $15,000, the
454	461		438amount shall be reduced to an amount equal to the policy limits plus $15,000; and
455	462		439 (ii) any of the following applicable costs:
456	463		440 (A) any costs as set forth in Rule 54(d), Utah Rules of Civil Procedure;
457	464		441 (B) the arbitrator or arbitration panel's fee; and
458	465		442 (C) the reasonable costs of expert witnesses and depositions used in the presentation of
459	466		443evidence during arbitration or litigation.
460	467		444 (h) (i) The covered person shall provide an affidavit of costs within five days of an
461	468		445arbitration award.
462	469		446 (ii) (A) Objection to the affidavit of costs shall specify with particularity the costs to
463	470		447which the uninsured motorist carrier objects.
464	471		448 (B) The objection shall be resolved by the arbitrator or arbitration panel.
465		-	449 (iii) The award of costs by the arbitrator or arbitration panel under Subsection Enrolled Copy H.B. 245
466		-	- 17 -
	472	+	449 (iii) The award of costs by the arbitrator or arbitration panel under Subsection
467	473		450(10)(g)(ii) may not exceed $5,000.
468	474		451 (i) (i) A covered person shall disclose all material information, other than rebuttal
469	475		452evidence, within 30 days after a covered person elects to submit a claim for uninsured motorist
470	476		453coverage benefits to binding arbitration or files litigation as specified in Subsection (10)(a).
471	477		454 (ii) If the information under Subsection (10)(i)(i) is not disclosed, the covered person
472	478		455may not recover costs or any amounts in excess of the policy under Subsection (10)(g).
473	479		456 (j) This Subsection (10) does not limit any other cause of action that arose or may arise
474	480		457against the uninsured motorist carrier from the same dispute.
475	481		458 (k) The provisions of this Subsection (10) only apply to motor vehicle accidents that
476		-	459occur on or after March 30, 2010.
	482	+	459occur on or after March 30, 2010. 2nd Sub. (Gray) H.B. 245 02-06-23 3:02 PM
	483	+	- 16 -
477	484		460 (l) (i) (A) The written demand requirement in Subsection (10)(a)(i)(A) does not affect
478	485		461the covered person's requirement to provide a computation of any other economic damages
479	486		462claimed, and the one or more respondents shall have a reasonable time after the receipt of the
480	487		463computation of any other economic damages claimed to conduct fact and expert discovery as to
481	488		464any additional damages claimed.
482	489		465 (B) The changes made by Laws of Utah 2014, Chapter 290, Section 10, and Chapter
483	490		466300, Section 10, to this Subsection (10)(l) and Subsection (10)(a)(i)(A) apply to a claim
484	491		467submitted to binding arbitration or through litigation on or after May 13, 2014.
485	492		468 (ii) The changes made by Laws of Utah 2014, Chapter 290, Section 10, and Chapter
486	493		469300, Section 10, to Subsections (10)(a)(ii)(A)(II) and (B)(II) apply to any claim submitted to
487	494		470binding arbitration or through litigation on or after May 13, 2014.
488	495		471 (11) (a) Notwithstanding Section 31A-21-313, an action on a written policy or contract
489	496		472for uninsured motorist coverage shall be commenced within four years after the inception of
490	497		473loss.
491	498		474 (b) Subsection (11)(a) shall apply to all claims that have not been time barred by
492	499		475Subsection 31A-21-313(1)(a) as of May 14, 2019.
493	500		476 Section 2. Section 31A-22-305.3 is amended to read:
494		-	477 31A-22-305.3. Underinsured motorist coverage. H.B. 245 Enrolled Copy
495		-	- 18 -
	501	+	477 31A-22-305.3. Underinsured motorist coverage.
496	502		478 (1) As used in this section:
497	503		479 (a) "Covered person" has the same meaning as defined in Section 31A-22-305.
498	504		480 (b) (i) "Underinsured motor vehicle" includes a motor vehicle, the operation,
499	505		481maintenance, or use of which is covered under a liability policy at the time of an injury-causing
500	506		482occurrence, but which has insufficient liability coverage to compensate fully the injured party
501	507		483for all special and general damages.
502	508		484 (ii) The term "underinsured motor vehicle" does not include:
503	509		485 (A) a motor vehicle that is covered under the liability coverage of the same policy that
504	510		486also contains the underinsured motorist coverage;
505	511		487 (B) an uninsured motor vehicle as defined in Subsection 31A-22-305(2); or
506	512		488 (C) a motor vehicle owned or leased by:
507	513		489 (I) a named insured;
508		-	490 (II) a named insured's spouse; or
	514	+	490 (II) a named insured's spouse; or 02-06-23 3:02 PM 2nd Sub. (Gray) H.B. 245
	515	+	- 17 -
509	516		491 (III) a dependent of a named insured.
510	517		492 (2) (a) Underinsured motorist coverage under Subsection 31A-22-302(1)(c) provides
511	518		493coverage for a covered person who is legally entitled to recover damages from an owner or
512	519		494operator of an underinsured motor vehicle because of bodily injury, sickness, disease, or death.
513	520		495 (b) A covered person occupying or using a motor vehicle owned, leased, or furnished
514	521		496to the covered person, the covered person's spouse, or covered person's resident relative may
515	522		497recover underinsured benefits only if the motor vehicle is:
516	523		498 (i) described in the policy under which a claim is made; or
517	524		499 (ii) a newly acquired or replacement motor vehicle covered under the terms of the
518	525		500policy.
519	526		501 (3) (a) For purposes of this Subsection (3), "new policy" means:
520	527		502 (i) any policy that is issued that does not include a renewal or reinstatement of an
521	528		503existing policy; or
522	529		504 (ii) a change to an existing policy that results in:
523		-	505 (A) a named insured being added to or deleted from the policy; or Enrolled Copy H.B. 245
524		-	- 19 -
	530	+	505 (A) a named insured being added to or deleted from the policy; or
525	531		506 (B) a change in the limits of the named insured's motor vehicle liability coverage.
526	532		507 (b) For new policies written on or after January 1, 2001, the limits of underinsured
527	533		508motorist coverage shall be equal to the lesser of the limits of the named insured's motor vehicle
528	534		509liability coverage or the maximum underinsured motorist coverage limits available by the
529	535		510insurer under the named insured's motor vehicle policy, unless a named insured rejects or
530	536		511purchases coverage in a lesser amount by signing an acknowledgment form that:
531	537		512 (i) is filed with the department;
532	538		513 (ii) is provided by the insurer;
533	539		514 (iii) waives the higher coverage;
534	540		515 (iv) need only state in this or similar language that "underinsured motorist coverage
535	541		516provides benefits or protection to you and other covered persons for bodily injury resulting
536	542		517from an accident caused by the fault of another party where the other party has insufficient
537	543		518liability insurance"; and
538	544		519 (v) discloses the additional premiums required to purchase underinsured motorist
539	545		520coverage with limits equal to the lesser of the limits of the named insured's motor vehicle
540		-	521liability coverage or the maximum underinsured motorist coverage limits available by the
	546	+	521liability coverage or the maximum underinsured motorist coverage limits available by the 2nd Sub. (Gray) H.B. 245 02-06-23 3:02 PM
	547	+	- 18 -
541	548		522insurer under the named insured's motor vehicle policy.
542	549		523 (c) Any selection or rejection under Subsection (3)(b) continues for that issuer of the
543	550		524liability coverage until the insured requests, in writing, a change of underinsured motorist
544	551		525coverage from that liability insurer.
545	552		526 (d) (i) Subsections (3)(b) and (c) apply retroactively to any claim arising on or after
546	553		527January 1, 2001, for which, as of May 14, 2013, an insured has not made a written demand for
547	554		528arbitration or filed a complaint in a court of competent jurisdiction.
548	555		529 (ii) The Legislature finds that the retroactive application of Subsections (3)(b) and (c)
549	556		530clarifies legislative intent and does not enlarge, eliminate, or destroy vested rights.
550	557		531 (e) (i) As used in this Subsection (3)(e), "additional motor vehicle" means a change
551	558		532that increases the total number of vehicles insured by the policy, and does not include
552		-	533replacement, substitute, or temporary vehicles. H.B. 245 Enrolled Copy
553		-	- 20 -
	559	+	533replacement, substitute, or temporary vehicles.
554	560		534 (ii) The adding of an additional motor vehicle to an existing personal lines or
555	561		535commercial lines policy does not constitute a new policy for purposes of Subsection (3)(a).
556	562		536 (iii) If an additional motor vehicle is added to a personal lines policy where
557	563		537underinsured motorist coverage has been rejected, or where underinsured motorist limits are
558	564		538lower than the named insured's motor vehicle liability limits, the insurer shall provide a notice
559	565		539to a named insured within 30 days that:
560	566		540 (A) in the same manner described in Subsection (3)(b)(iv), explains the purpose of
561	567		541underinsured motorist coverage; and
562	568		542 (B) encourages the named insured to contact the insurance company or insurance
563	569		543producer for quotes as to the additional premiums required to purchase underinsured motorist
564	570		544coverage with limits equal to the lesser of the limits of the named insured's motor vehicle
565	571		545liability coverage or the maximum underinsured motorist coverage limits available by the
566	572		546insurer under the named insured's motor vehicle policy.
567	573		547 (f) A change in policy number resulting from any policy change not identified under
568	574		548Subsection (3)(a)(ii) does not constitute a new policy.
569	575		549 (g) (i) Subsection (3)(a) applies retroactively to any claim arising on or after January 1,
570	576		5502001 for which, as of May 1, 2012, an insured has not made a written demand for arbitration or
571	577		551filed a complaint in a court of competent jurisdiction.
572		-	552 (ii) The Legislature finds that the retroactive application of Subsection (3)(a):
	578	+	552 (ii) The Legislature finds that the retroactive application of Subsection (3)(a): 02-06-23 3:02 PM 2nd Sub. (Gray) H.B. 245
	579	+	- 19 -
573	580		553 (A) does not enlarge, eliminate, or destroy vested rights; and
574	581		554 (B) clarifies legislative intent.
575	582		555 (h) A self-insured, including a governmental entity, may elect to provide underinsured
576	583		556motorist coverage in an amount that is less than its maximum self-insured retention under
577	584		557Subsections (3)(b) and (l) by issuing a declaratory memorandum or policy statement from the
578	585		558chief financial officer or chief risk officer that declares the:
579	586		559 (i) self-insured entity's coverage level; and
580	587		560 (ii) process for filing an underinsured motorist claim.
581		-	561 (i) Underinsured motorist coverage may not be sold with limits that are less than: Enrolled Copy H.B. 245
582		-	- 21 -
	588	+	561 (i) Underinsured motorist coverage may not be sold with limits that are less than:
583	589		562 (i) $10,000 for one person in any one accident; and
584	590		563 (ii) at least $20,000 for two or more persons in any one accident.
585	591		564 (j) An acknowledgment under Subsection (3)(b) continues for that issuer of the
586	592		565underinsured motorist coverage until the named insured, in writing, requests different
587	593		566underinsured motorist coverage from the insurer.
588	594		567 (k) (i) The named insured's underinsured motorist coverage, as described in Subsection
589	595		568(2), is secondary to the liability coverage of an owner or operator of an underinsured motor
590	596		569vehicle, as described in Subsection (1).
591	597		570 (ii) Underinsured motorist coverage may not be set off against the liability coverage of
592	598		571the owner or operator of an underinsured motor vehicle, but shall be added to, combined with,
593	599		572or stacked upon the liability coverage of the owner or operator of the underinsured motor
594	600		573vehicle to determine the limit of coverage available to the injured person.
595	601		574 (l) (i) In conjunction with the first two renewal notices sent after January 1, 2001, for
596	602		575policies existing on that date, the insurer shall disclose in the same medium as the premium
597	603		576renewal notice, an explanation of:
598	604		577 (A) the purpose of underinsured motorist coverage in the same manner as described in
599	605		578Subsection (3)(b)(iv); and
600	606		579 (B) a disclosure of the additional premiums required to purchase underinsured motorist
601	607		580coverage with limits equal to the lesser of the limits of the named insured's motor vehicle
602	608		581liability coverage or the maximum underinsured motorist coverage limits available by the
603	609		582insurer under the named insured's motor vehicle policy.
604		-	583 (ii) The disclosure required under this Subsection (3)(l) shall be sent to all named
	610	+	583 (ii) The disclosure required under this Subsection (3)(l) shall be sent to all named 2nd Sub. (Gray) H.B. 245 02-06-23 3:02 PM
	611	+	- 20 -
605	612		584insureds that carry underinsured motorist coverage limits in an amount less than the named
606	613		585insured's motor vehicle liability policy limits or the maximum underinsured motorist coverage
607	614		586limits available by the insurer under the named insured's motor vehicle policy.
608	615		587 (m) For purposes of this Subsection (3), a notice or disclosure sent to a named insured
609	616		588in a household constitutes notice or disclosure to all insureds within the household.
610		-	589 (4) (a) (i) Except as provided in this Subsection (4), a covered person injured in a H.B. 245 Enrolled Copy
611		-	- 22 -
	617	+	589 (4) (a) (i) Except as provided in this Subsection (4), a covered person injured in a
612	618		590motor vehicle described in a policy that includes underinsured motorist benefits may not elect
613	619		591to collect underinsured motorist coverage benefits from another motor vehicle insurance policy.
614	620		592 (ii) The limit of liability for underinsured motorist coverage for two or more motor
615	621		593vehicles may not be added together, combined, or stacked to determine the limit of insurance
616	622		594coverage available to an injured person for any one accident.
617	623		595 (iii) Subsection (4)(a)(ii) applies to all persons except a covered person described
618	624		596under Subsections (4)(b)(i) and (ii).
619	625		597 (b) (i) A covered person injured as a pedestrian by an underinsured motor vehicle may
620	626		598recover underinsured motorist benefits under any one other policy in which they are described
621	627		599as a covered person.
622	628		600 (ii) Except as provided in Subsection (4)(b)(iii), a covered person injured while
623	629		601occupying, using, or maintaining a motor vehicle that is not owned, leased, or furnished to the
624	630		602covered person, the covered person's spouse, or the covered person's resident parent or resident
625	631		603sibling, may also recover benefits under any one other policy under which the covered person is
626	632		604also a covered person.
627	633		605 (iii) (A) A covered person may recover benefits from no more than two additional
628	634		606policies, one additional policy from each parent's household if the covered person is:
629	635		607 (I) a dependent minor of parents who reside in separate households; and
630	636		608 (II) injured while occupying or using a motor vehicle that is not owned, leased, or
631	637		609furnished to the covered person, the covered person's resident parent, or the covered person's
632	638		610resident sibling.
633	639		611 (B) Each parent's policy under this Subsection (4)(b)(iii) is liable only for the
634	640		612percentage of the damages that the limit of liability of each parent's policy of underinsured
635	641		613motorist coverage bears to the total of both parents' underinsured coverage applicable to the
636		-	614accident.
	642	+	614accident. 02-06-23 3:02 PM 2nd Sub. (Gray) H.B. 245
	643	+	- 21 -Senate Committee Amendments 2-13-2023 lp/kpg
637	644		615 (iv) A covered person's recovery under any available policies may not exceed the full
638	645		616amount of damages.
639		-	617 (v) Underinsured coverage on a motor vehicle occupied at the time of an accident is Enrolled Copy H.B. 245
640		-	- 23 -
	646	+	617 (v) Underinsured coverage on a motor vehicle occupied at the time of an accident is
641	647		618primary coverage, and the coverage elected by a person described under Subsections
642	648		61931A-22-305(1)(a), (b), and (c) is secondary coverage.
643	649		620 (vi) The primary and the secondary coverage may not be set off against the other.
644	650		621 (vii) A covered person as described under Subsection (4)(b)(i) or is entitled to the
645	651		622highest limits of underinsured motorist coverage under only one additional policy per
646	652		623household applicable to that covered person as a named insured, spouse, or relative.
647	653		624 (viii) A covered injured person is not barred against making subsequent elections if
648	654		625recovery is unavailable under previous elections.
649	655		626 (ix) (A) As used in this section, "interpolicy stacking" means recovering benefits for a
650	656		627single incident of loss under more than one insurance policy.
651	657		628 (B) Except to the extent permitted by this Subsection (4), interpolicy stacking is
652	658		629prohibited for underinsured motorist coverage.
653	659		630 (c) Underinsured motorist coverage:
654	660		631 (i) does not cover any benefit paid or payable under Title 34A, Chapter 2, Workers'
655	661		632Compensation Act, except that the covered person is credited an amount described in
656	662		633Subsection 34A-2-106(5);
657	663		634 (ii) may not be subrogated by a workers' compensation insurance carrier, workers'
658	664		635compensation insurance, uninsured employer, the Uninsured Employers Fund created in
659	665		636Section 34A-2-704, or the Employers' Reinsurance Fund created in Section 34A-2-702;
660	666		637 (iii) may not be reduced by benefits provided by workers' compensation insurance,
661	667		638uninsured employer, the Uninsured Employers Fund created in Section 34A-2-704, or the
662	668		639Employers' Reinsurance Fund created in Section 34A-2-702;
663		-	640 (iv) notwithstanding Subsection 31A-1-103(3)(f), may be reduced by health insurance
	669	+	640 (iv) notwithstanding Subsection 31A-1-103(3) Öº (f) »Ö , may be reduced by health
	670	+	640ainsurance
664	671		641subrogation only after the covered person is made whole;
665	672		642 (v) may not be collected for bodily injury or death sustained by a person:
666	673		643 (A) while committing a violation of Section 41-1a-1314;
667	674		644 (B) who, as a passenger in a vehicle, has knowledge that the vehicle is being operated
668		-	645in violation of Section 41-1a-1314; or H.B. 245 ~~Enrolled Copy~~
669		-	- 24 -
	675	+	645in violation of Section 41-1a-1314; or 2nd Sub. (Gray) H.B. 245 02-06-23 3:02 PM
	676	+	- 22 -
670	677		646 (C) while committing a felony; and
671	678		647 (vi) notwithstanding Subsection (4)(c)(v), may be recovered:
672	679		648 (A) for a person younger than 18 years old who is injured within the scope of
673	680		649Subsection (4)(c)(v), but is limited to medical and funeral expenses; or
674	681		650 (B) by a law enforcement officer as defined in Section 53-13-103, who is injured
675	682		651within the course and scope of the law enforcement officer's duties.
676	683		652 (5) (a) Notwithstanding Section 31A-21-313, an action on a written policy or contract
677	684		653for underinsured motorist coverage shall be commenced within four years after the inception of
678	685		654loss.
679	686		655 (b) The inception of the loss under Subsection 31A-21-313(1) for underinsured
680	687		656motorist claims occurs upon the date of the settlement check representing the last liability
681	688		657policy payment.
682	689		658 (6) An underinsured motorist insurer does not have a right of reimbursement against a
683	690		659person liable for the damages resulting from an injury-causing occurrence if the person's
684	691		660liability insurer has tendered the policy limit and the limits have been accepted by the claimant.
685	692		661 (7) Except as otherwise provided in this section, a covered person may seek, subject to
686	693		662the terms and conditions of the policy, additional coverage under any policy:
687	694		663 (a) that provides coverage for damages resulting from motor vehicle accidents; and
688	695		664 (b) that is not required to conform to Section 31A-22-302.
689	696		665 (8) (a) When a claim is brought by a named insured or a person described in
690	697		666Subsection 31A-22-305(1) and is asserted against the covered person's underinsured motorist
691	698		667carrier, the claimant may elect to resolve the claim:
692	699		668 (i) by submitting the claim to binding arbitration; or
693	700		669 (ii) through litigation.
694	701		670 (b) Unless otherwise provided in the policy under which underinsured benefits are
695	702		671claimed, the election provided in Subsection (8)(a) is available to the claimant only, except that
696	703		672if the policy under which insured benefits are claimed provides that either an insured or the
697		-	673insurer may elect arbitration, the insured or the insurer may elect arbitration and that election to Enrolled Copy H.B. 245
698		-	- 25 -
	704	+	673insurer may elect arbitration, the insured or the insurer may elect arbitration and that election to
699	705		674arbitrate shall stay the litigation of the claim under Subsection (8)(a)(ii).
700	706		675 (c) Once a claimant elects to commence litigation under Subsection (8)(a)(ii), the
701		-	676claimant may not elect to resolve the claim through binding arbitration under this section
	707	+	676claimant may not elect to resolve the claim through binding arbitration under this section 02-06-23 3:02 PM 2nd Sub. (Gray) H.B. 245
	708	+	- 23 -
702	709		677without the written consent of the underinsured motorist coverage carrier.
703	710		678 (d) For purposes of the statute of limitations applicable to a claim described in
704	711		679Subsection (8)(a), if the claimant does not elect to resolve the claim through litigation, the
705	712		680claim is considered filed when the claimant submits the claim to binding arbitration in
706	713		681accordance with this Subsection (8).
707	714		682 (e) (i) Unless otherwise agreed to in writing by the parties, a claim that is submitted to
708	715		683binding arbitration under Subsection (8)(a)(i) shall be resolved by a single arbitrator.
709	716		684 (ii) All parties shall agree on the single arbitrator selected under Subsection (8)(e)(i).
710	717		685 (iii) If the parties are unable to agree on a single arbitrator as required under Subsection
711	718		686(8)(e)(ii), the parties shall select a panel of three arbitrators.
712	719		687 (f) If the parties select a panel of three arbitrators under Subsection (8)(e)(iii):
713	720		688 (i) each side shall select one arbitrator; and
714	721		689 (ii) the arbitrators appointed under Subsection (8)(f)(i) shall select one additional
715	722		690arbitrator to be included in the panel.
716	723		691 (g) Unless otherwise agreed to in writing:
717	724		692 (i) each party shall pay an equal share of the fees and costs of the arbitrator selected
718	725		693under Subsection (8)(e)(i); or
719	726		694 (ii) if an arbitration panel is selected under Subsection (8)(e)(iii):
720	727		695 (A) each party shall pay the fees and costs of the arbitrator selected by that party; and
721	728		696 (B) each party shall pay an equal share of the fees and costs of the arbitrator selected
722	729		697under Subsection (8)(f)(ii).
723	730		698 (h) Except as otherwise provided in this section or unless otherwise agreed to in
724	731		699writing by the parties, an arbitration proceeding conducted under this section is governed by
725	732		700Title 78B, Chapter 11, Utah Uniform Arbitration Act.
726		-	701 (i) (i) The arbitration shall be conducted in accordance with Rules 26(a)(4) through (f), H.B. 245 Enrolled Copy
727		-	- 26 -
	733	+	701 (i) (i) The arbitration shall be conducted in accordance with Rules 26(a)(4) through (f),
728	734		70227 through 37, 54, and 68 of the Utah Rules of Civil Procedure, once the requirements of
729	735		703Subsections (9)(a) through (c) are satisfied.
730	736		704 (ii) The specified tier as defined by Rule 26(c)(3) of the Utah Rules of Civil Procedure
731	737		705shall be determined based on the claimant's specific monetary amount in the written demand
732	738		706for payment of uninsured motorist coverage benefits as required in Subsection (9)(a)(i)(A).
733		-	707 (iii) Rules 26.1 and 26.2 of the Utah Rules of Civil Procedure do not apply to
	739	+	707 (iii) Rules 26.1 and 26.2 of the Utah Rules of Civil Procedure do not apply to 2nd Sub. (Gray) H.B. 245 02-06-23 3:02 PM
	740	+	- 24 -
734	741		708arbitration claims under this part.
735	742		709 (j) An issue of discovery shall be resolved by the arbitrator or the arbitration panel.
736	743		710 (k) A written decision by a single arbitrator or by a majority of the arbitration panel
737	744		711constitutes a final decision.
738	745		712 (l) (i) Except as provided in Subsection (9), the amount of an arbitration award may not
739	746		713exceed the underinsured motorist policy limits of all applicable underinsured motorist policies,
740	747		714including applicable underinsured motorist umbrella policies.
741	748		715 (ii) If the initial arbitration award exceeds the underinsured motorist policy limits of all
742	749		716applicable underinsured motorist policies, the arbitration award shall be reduced to an amount
743	750		717equal to the combined underinsured motorist policy limits of all applicable underinsured
744	751		718motorist policies.
745	752		719 (m) The arbitrator or arbitration panel may not decide an issue of coverage or
746	753		720extra-contractual damages, including:
747	754		721 (i) whether the claimant is a covered person;
748	755		722 (ii) whether the policy extends coverage to the loss; or
749	756		723 (iii) an allegation or claim asserting consequential damages or bad faith liability.
750	757		724 (n) The arbitrator or arbitration panel may not conduct arbitration on a class-wide or
751	758		725class-representative basis.
752	759		726 (o) If the arbitrator or arbitration panel finds that the arbitration is not brought, pursued,
753	760		727or defended in good faith, the arbitrator or arbitration panel may award reasonable attorney fees
754	761		728and costs against the party that failed to bring, pursue, or defend the arbitration in good faith.
755		-	729 (p) An arbitration award issued under this section shall be the final resolution of all Enrolled Copy H.B. 245
756		-	- 27 -
	762	+	729 (p) An arbitration award issued under this section shall be the final resolution of all
757	763		730claims not excluded by Subsection (8)(m) between the parties unless:
758	764		731 (i) the award is procured by corruption, fraud, or other undue means; or
759	765		732 (ii) either party, within 20 days after service of the arbitration award:
760	766		733 (A) files a complaint requesting a trial de novo in the district court; and
761	767		734 (B) serves the nonmoving party with a copy of the complaint requesting a trial de novo
762	768		735under Subsection (8)(p)(ii)(A).
763	769		736 (q) (i) Upon filing a complaint for a trial de novo under Subsection (8)(p), a claim shall
764	770		737proceed through litigation pursuant to the Utah Rules of Civil Procedure and Utah Rules of
765		-	738Evidence in the district court.
	771	+	738Evidence in the district court. 02-06-23 3:02 PM 2nd Sub. (Gray) H.B. 245
	772	+	- 25 -
766	773		739 (ii) In accordance with Rule 38, Utah Rules of Civil Procedure, either party may
767	774		740request a jury trial with a complaint requesting a trial de novo under Subsection (8)(p)(ii)(A).
768	775		741 (r) (i) If the claimant, as the moving party in a trial de novo requested under Subsection
769	776		742(8)(p), does not obtain a verdict that is at least $5,000 and is at least 20% greater than the
770	777		743arbitration award, the claimant is responsible for all of the nonmoving party's costs.
771	778		744 (ii) If the underinsured motorist carrier, as the moving party in a trial de novo requested
772	779		745under Subsection (8)(p), does not obtain a verdict that is at least 20% less than the arbitration
773	780		746award, the underinsured motorist carrier is responsible for all of the nonmoving party's costs.
774	781		747 (iii) Except as provided in Subsection (8)(r)(iv), the costs under this Subsection (8)(r)
775	782		748shall include:
776	783		749 (A) any costs set forth in Rule 54(d), Utah Rules of Civil Procedure; and
777	784		750 (B) the costs of expert witnesses and depositions.
778	785		751 (iv) An award of costs under this Subsection (8)(r) may not exceed $2,500 unless
779	786		752Subsection (9)(h)(iii) applies.
780	787		753 (s) For purposes of determining whether a party's verdict is greater or less than the
781	788		754arbitration award under Subsection (8)(r), a court may not consider any recovery or other relief
782	789		755granted on a claim for damages if the claim for damages:
783	790		756 (i) was not fully disclosed in writing prior to the arbitration proceeding; or
784		-	757 (ii) was not disclosed in response to discovery contrary to the Utah Rules of Civil H.B. 245 Enrolled Copy
785		-	- 28 -
	791	+	757 (ii) was not disclosed in response to discovery contrary to the Utah Rules of Civil
786	792		758Procedure.
787	793		759 (t) If a district court determines, upon a motion of the nonmoving party, that a moving
788	794		760party's use of the trial de novo process is filed in bad faith in accordance with Section
789	795		76178B-5-825, the district court may award reasonable attorney fees to the nonmoving party.
790	796		762 (u) Nothing in this section is intended to limit a claim under another portion of an
791	797		763applicable insurance policy.
792	798		764 (v) If there are multiple underinsured motorist policies, as set forth in Subsection (4),
793	799		765the claimant may elect to arbitrate in one hearing the claims against all the underinsured
794	800		766motorist carriers.
795	801		767 (9) (a) Within 30 days after a covered person elects to submit a claim for underinsured
796	802		768motorist benefits to binding arbitration or files litigation, the covered person shall provide to
797		-	769the underinsured motorist carrier:
	803	+	769the underinsured motorist carrier: 2nd Sub. (Gray) H.B. 245 02-06-23 3:02 PM
	804	+	- 26 -
798	805		770 (i) a written demand for payment of underinsured motorist coverage benefits, setting
799	806		771forth:
800	807		772 (A) subject to Subsection (9)(l), the specific monetary amount of the demand,
801	808		773including a computation of the covered person's claimed past medical expenses, claimed past
802	809		774lost wages, and all other claimed past economic damages; and
803	810		775 (B) the factual and legal basis and any supporting documentation for the demand;
804	811		776 (ii) a written statement under oath disclosing:
805	812		777 (A) (I) the names and last known addresses of all health care providers who have
806	813		778rendered health care services to the covered person that are material to the claims for which the
807	814		779underinsured motorist benefits are sought for a period of five years preceding the date of the
808	815		780event giving rise to the claim for underinsured motorist benefits up to the time the election for
809	816		781arbitration or litigation has been exercised; and
810	817		782 (II) the names and last known addresses of the health care providers who have rendered
811	818		783health care services to the covered person, which the covered person claims are immaterial to
812	819		784the claims for which underinsured motorist benefits are sought, for a period of five years
813		-	785preceding the date of the event giving rise to the claim for underinsured motorist benefits up to Enrolled Copy H.B. 245
814		-	- 29 -
	820	+	785preceding the date of the event giving rise to the claim for underinsured motorist benefits up to
815	821		786the time the election for arbitration or litigation has been exercised that have not been disclosed
816	822		787under Subsection (9)(a)(ii)(A)(I);
817	823		788 (B) (I) the names and last known addresses of all health insurers or other entities to
818	824		789whom the covered person has submitted claims for health care services or benefits material to
819	825		790the claims for which underinsured motorist benefits are sought, for a period of five years
820	826		791preceding the date of the event giving rise to the claim for underinsured motorist benefits up to
821	827		792the time the election for arbitration or litigation has been exercised; and
822	828		793 (II) the names and last known addresses of the health insurers or other entities to whom
823	829		794the covered person has submitted claims for health care services or benefits, which the covered
824	830		795person claims are immaterial to the claims for which underinsured motorist benefits are sought,
825	831		796for a period of five years preceding the date of the event giving rise to the claim for
826	832		797underinsured motorist benefits up to the time the election for arbitration or litigation have not
827	833		798been disclosed;
828	834		799 (C) if lost wages, diminished earning capacity, or similar damages are claimed, all
829		-	800employers of the covered person for a period of five years preceding the date of the event
	835	+	800employers of the covered person for a period of five years preceding the date of the event 02-06-23 3:02 PM 2nd Sub. (Gray) H.B. 245
	836	+	- 27 -
830	837		801giving rise to the claim for underinsured motorist benefits up to the time the election for
831	838		802arbitration or litigation has been exercised;
832	839		803 (D) other documents to reasonably support the claims being asserted; and
833	840		804 (E) all state and federal statutory lienholders including a statement as to whether the
834	841		805covered person is a recipient of Medicare or Medicaid benefits or Utah Children's Health
835	842		806Insurance Program benefits under Title 26, Chapter 40, Utah Children's Health Insurance Act,
836	843		807or if the claim is subject to any other state or federal statutory liens; and
837	844		808 (iii) signed authorizations to allow the underinsured motorist carrier to only obtain
838	845		809records and billings from the individuals or entities disclosed under Subsections
839	846		810(9)(a)(ii)(A)(I), (B)(I), and (C).
840	847		811 (b) (i) If the underinsured motorist carrier determines that the disclosure of undisclosed
841	848		812health care providers or health care insurers under Subsection (9)(a)(ii) is reasonably necessary,
842		-	813the underinsured motorist carrier may: H.B. 245 Enrolled Copy
843		-	- 30 -
	849	+	813the underinsured motorist carrier may:
844	850		814 (A) make a request for the disclosure of the identity of the health care providers or
845	851		815health care insurers; and
846	852		816 (B) make a request for authorizations to allow the underinsured motorist carrier to only
847	853		817obtain records and billings from the individuals or entities not disclosed.
848	854		818 (ii) If the covered person does not provide the requested information within 10 days:
849	855		819 (A) the covered person shall disclose, in writing, the legal or factual basis for the
850	856		820failure to disclose the health care providers or health care insurers; and
851	857		821 (B) either the covered person or the underinsured motorist carrier may request the
852	858		822arbitrator or arbitration panel to resolve the issue of whether the identities or records are to be
853	859		823provided if the covered person has elected arbitration.
854	860		824 (iii) The time periods imposed by Subsection (9)(c)(i) are tolled pending resolution of
855	861		825the dispute concerning the disclosure and production of records of the health care providers or
856	862		826health care insurers.
857	863		827 (c) (i) An underinsured motorist carrier that receives an election for arbitration or a
858	864		828notice of filing litigation and the demand for payment of underinsured motorist benefits under
859	865		829Subsection (9)(a)(i) shall have a reasonable time, not to exceed 60 days from the date of the
860	866		830demand and receipt of the items specified in Subsections (9)(a)(i) through (iii), to:
861		-	831 (A) provide a written response to the written demand for payment provided for in
	867	+	831 (A) provide a written response to the written demand for payment provided for in 2nd Sub. (Gray) H.B. 245 02-06-23 3:02 PM
	868	+	- 28 -
862	869		832Subsection (9)(a)(i);
863	870		833 (B) except as provided in Subsection (9)(c)(i)(C), tender the amount, if any, of the
864	871		834underinsured motorist carrier's determination of the amount owed to the covered person; and
865	872		835 (C) if the covered person is a recipient of Medicare or Medicaid benefits or Utah
866	873		836Children's Health Insurance Program benefits under Title 26, Chapter 40, Utah Children's
867	874		837Health Insurance Act, or if the claim is subject to any other state or federal statutory liens,
868	875		838tender the amount, if any, of the underinsured motorist carrier's determination of the amount
869	876		839owed to the covered person less:
870	877		840 (I) if the amount of the state or federal statutory lien is established, the amount of the
871		-	841lien; or Enrolled Copy H.B. 245
872		-	- 31 -
	878	+	841lien; or
873	879		842 (II) if the amount of the state or federal statutory lien is not established, two times the
874	880		843amount of the medical expenses subject to the state or federal statutory lien until such time as
875	881		844the amount of the state or federal statutory lien is established.
876	882		845 (ii) If the amount tendered by the underinsured motorist carrier under Subsection
877	883		846(9)(c)(i) is the total amount of the underinsured motorist policy limits, the tendered amount
878	884		847shall be accepted by the covered person.
879	885		848 (d) A covered person who receives a written response from an underinsured motorist
880	886		849carrier as provided for in Subsection (9)(c)(i), may:
881	887		850 (i) elect to accept the amount tendered in Subsection (9)(c)(i) as payment in full of all
882	888		851underinsured motorist claims; or
883	889		852 (ii) elect to:
884	890		853 (A) accept the amount tendered in Subsection (9)(c)(i) as partial payment of all
885	891		854underinsured motorist claims; and
886	892		855 (B) continue to litigate or arbitrate the remaining claim in accordance with the election
887	893		856made under Subsections [(8)(a), (b), and] (8)(a) through (c).
888	894		857 (e) If a covered person elects to accept the amount tendered under Subsection (9)(c)(i)
889	895		858as partial payment of all underinsured motorist claims, the final award obtained through
890	896		859arbitration, litigation, or later settlement shall be reduced by any payment made by the
891	897		860underinsured motorist carrier under Subsection (9)(c)(i).
892	898		861 (f) In an arbitration proceeding on the remaining underinsured claims:
893		-	862 (i) the parties may not disclose to the arbitrator or arbitration panel the amount paid
	899	+	862 (i) the parties may not disclose to the arbitrator or arbitration panel the amount paid 02-06-23 3:02 PM 2nd Sub. (Gray) H.B. 245
	900	+	- 29 -
894	901		863under Subsection (9)(c)(i) until after the arbitration award has been rendered; and
895	902		864 (ii) the parties may not disclose the amount of the limits of underinsured motorist
896	903		865benefits provided by the policy.
897	904		866 (g) If the final award obtained through arbitration or litigation is greater than the
898	905		867average of the covered person's initial written demand for payment provided for in Subsection
899	906		868(9)(a)(i) and the underinsured motorist carrier's initial written response provided for in
900		-	869Subsection (9)(c)(i), the underinsured motorist carrier shall pay: H.B. 245 Enrolled Copy
901		-	- 32 -
	907	+	869Subsection (9)(c)(i), the underinsured motorist carrier shall pay:
902	908		870 (i) the final award obtained through arbitration or litigation, except that if the award
903	909		871exceeds the policy limits of the subject underinsured motorist policy by more than $15,000, the
904	910		872amount shall be reduced to an amount equal to the policy limits plus $15,000; and
905	911		873 (ii) any of the following applicable costs:
906	912		874 (A) any costs as set forth in Rule 54(d), Utah Rules of Civil Procedure;
907	913		875 (B) the arbitrator or arbitration panel's fee; and
908	914		876 (C) the reasonable costs of expert witnesses and depositions used in the presentation of
909	915		877evidence during arbitration or litigation.
910	916		878 (h) (i) The covered person shall provide an affidavit of costs within five days of an
911	917		879arbitration award.
912	918		880 (ii) (A) Objection to the affidavit of costs shall specify with particularity the costs to
913	919		881which the underinsured motorist carrier objects.
914	920		882 (B) The objection shall be resolved by the arbitrator or arbitration panel.
915	921		883 (iii) The award of costs by the arbitrator or arbitration panel under Subsection (9)(g)(ii)
916	922		884may not exceed $5,000.
917	923		885 (i) (i) A covered person shall disclose all material information, other than rebuttal
918	924		886evidence, within 30 days after a covered person elects to submit a claim for underinsured
919	925		887motorist coverage benefits to binding arbitration or files litigation as specified in Subsection
920	926		888(9)(a).
921	927		889 (ii) If the information under Subsection (9)(i)(i) is not disclosed, the covered person
922	928		890may not recover costs or any amounts in excess of the policy under Subsection (9)(g).
923	929		891 (j) This Subsection (9) does not limit any other cause of action that arose or may arise
924	930		892against the underinsured motorist carrier from the same dispute.
925		-	893 (k) The provisions of this Subsection (9) only apply to motor vehicle accidents that
	931	+	893 (k) The provisions of this Subsection (9) only apply to motor vehicle accidents that 2nd Sub. (Gray) H.B. 245 02-06-23 3:02 PM
	932	+	- 30 -
926	933		894occur on or after March 30, 2010.
927	934		895 (l) (i) The written demand requirement in Subsection (9)(a)(i)(A) does not affect the
928	935		896covered person's requirement to provide a computation of any other economic damages
929		-	897claimed, and the one or more respondents shall have a reasonable time after the receipt of the Enrolled Copy H.B. 245
930		-	- 33 -
	936	+	897claimed, and the one or more respondents shall have a reasonable time after the receipt of the
931	937		898computation of any other economic damages claimed to conduct fact and expert discovery as to
932	938		899any additional damages claimed. The changes made by Laws of Utah 2014, Chapter 290,
933	939		900Section 11, and Chapter 300, Section 11, to this Subsection (9)(l) and Subsection (9)(a)(i)(A)
934	940		901apply to a claim submitted to binding arbitration or through litigation on or after May 13, 2014.
935	941		902 (ii) The changes made by Laws of Utah 2014, Chapter 290, Section 11, and Chapter
936	942		903300, Section 11, under Subsections (9)(a)(ii)(A)(II) and (B)(II) apply to a claim submitted to
937	943		904binding arbitration or through litigation on or after May 13, 2014.