Utah 2023 Regular Session

Utah House Bill HB0388 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 388
	1	+	H.B. 388
	2	+	LEGISLATIVE GENERAL COUNSEL
	3	+	6 Approved for Filing: P. Owen 6
	4	+	6 02-03-23 11:52 AM 6
	5	+	H.B. 388
2	6		1 STATUTES OF LIMITATION AMENDMENTS
3	7		2 2023 GENERAL SESSION
4	8		3 STATE OF UTAH
5	9		4 Chief Sponsor: Anthony E. Loubet
6		-	5 Senate Sponsor: ~~Todd D. Weiler~~
	10	+	5 Senate Sponsor: ____________
7	11		6
8	12		7LONG TITLE
9	13		8General Description:
10	14		9 This bill addresses limitations on actions.
11	15		10Highlighted Provisions:
12	16		11 This bill:
13	17		12 <addresses limitations of actions involving insurance, including for personal injury
14	18		13coverage;
15	19		14 <modifies the statute of limitations involving personal injury from a motor vehicle
16	20		15accident or property damage to a motor vehicle; and
17	21		16 <makes technical changes.
18	22		17Money Appropriated in this Bill:
19	23		18 None
20	24		19Other Special Clauses:
21	25		20 None
22	26		21Utah Code Sections Affected:
23	27		22AMENDS:
24	28		23 31A-21-313, as last amended by Laws of Utah 2020, Chapter 32
25	29		24 31A-22-305, as last amended by Laws of Utah 2022, Chapter 163
26	30		25 31A-22-307, as last amended by Laws of Utah 2020, Chapter 130
27	31		26 78B-2-305, as last amended by Laws of Utah 2010, Chapter 143
28	32		27 78B-2-307, as last amended by Laws of Utah 2017, Chapter 204
	33	+	HB0388 H.B. 388 02-03-23 11:52 AM
	34	+	- 2 -
29	35		28
30		-	29Be it enacted by the Legislature of the state of Utah: H.B. 388 Enrolled Copy
31		-	- 2 -
	36	+	29Be it enacted by the Legislature of the state of Utah:
32	37		30 Section 1. Section 31A-21-313 is amended to read:
33	38		31 31A-21-313. Limitation of actions.
34	39		32 (1) (a) [An] A person shall commence an action on a written policy or contract of first
35	40		33party insurance [shall be commenced] within three years after the inception of the loss except
36	41		34as provided in:
37	42		35 (i) Subsection 31A-22-305(11); and
38	43		36 (ii) Subsection 31A-22-307(7).
39	44		37 (b) The inception of the loss on a fidelity bond is the date the insurer first denies all or
40	45		38part of a claim made under the fidelity bond.
41	46		39 (2) Except as provided in Subsection (1) or elsewhere in this title, an action on a
42	47		40written policy or contract for insurance is subject to the law applicable to limitation of actions
43	48		41in Title 78B, Chapter 2, Statutes of Limitations[, applies to actions on insurance policies].
44	49		42 (3) An insurance policy may not:
45	50		43 (a) limit the time for beginning an action on the policy to a time less than that
46	51		44authorized by statute;
47	52		45 (b) prescribe in what court an action may be brought on the policy; or
48	53		46 (c) provide that no action may be brought, subject to permissible arbitration provisions
49	54		47in contracts.
50	55		48 (4) (a) Unless by verified complaint it is alleged that prejudice to the complainant will
51	56		49arise from a delay in bringing suit against an insurer, which prejudice is other than the delay
52	57		50itself, [no] an action may not be brought against an insurer on an insurance policy to compel
53	58		51payment under the insurance policy until the earlier of:
54	59		52 (i) 60 days after proof of loss has been furnished as required under the policy;
55	60		53 (ii) waiver by the insurer of proof of loss; or
56	61		54 (iii) (A) the insurer's denial of full payment; or
57	62		55 (B) for an accident and health insurance policy, the insurer's denial of payment.
58	63		56 (b) Under an accident and health insurance policy, an insurer may not require the
59		-	57completion of an appeals process that exceeds the provisions in 29 C.F.R. Sec. 2560.503-1 to Enrolled Copy H.B. 388
	64	+	57completion of an appeals process that exceeds the provisions in 29 C.F.R. Sec. 2560.503-1 to
	65	+	58bring suit under this Subsection (4). 02-03-23 11:52 AM H.B. 388
60	66		- 3 -
61		-	58bring suit under this Subsection (4).
62	67		59 (5) The period of limitation is tolled during the period in which the parties conduct an
63	68		60appraisal or arbitration procedure prescribed by the insurance policy, by law, or as agreed to by
64	69		61the parties.
65	70		62 Section 2. Section 31A-22-305 is amended to read:
66	71		63 31A-22-305. Uninsured motorist coverage.
67	72		64 (1) As used in this section, "covered persons" includes:
68	73		65 (a) the named insured;
69	74		66 (b) for a claim arising on or after May 13, 2014, the named insured's dependent minor
70	75		67children;
71	76		68 (c) persons related to the named insured by blood, marriage, adoption, or guardianship,
72	77		69who are residents of the named insured's household, including those who usually make their
73	78		70home in the same household but temporarily live elsewhere;
74	79		71 (d) any person occupying or using a motor vehicle:
75	80		72 (i) referred to in the policy; or
76	81		73 (ii) owned by a self-insured; and
77	82		74 (e) any person who is entitled to recover damages against the owner or operator of the
78	83		75uninsured or underinsured motor vehicle because of bodily injury to or death of persons under
79	84		76Subsection (1)(a), (b), (c), or (d).
80	85		77 (2) As used in this section, "uninsured motor vehicle" includes:
81	86		78 (a) (i) a motor vehicle, the operation, maintenance, or use of which is not covered
82	87		79under a liability policy at the time of an injury-causing occurrence; or
83	88		80 (ii) (A) a motor vehicle covered with lower liability limits than required by Section
84	89		8131A-22-304; and
85	90		82 (B) the motor vehicle described in Subsection (2)(a)(ii)(A) is uninsured to the extent of
86	91		83the deficiency;
87	92		84 (b) an unidentified motor vehicle that left the scene of an accident proximately caused
88		-	85by the motor vehicle operator; H.B. 388 Enrolled Copy
89		-	- 4 -
	93	+	85by the motor vehicle operator;
90	94		86 (c) a motor vehicle covered by a liability policy, but coverage for an accident is
91	95		87disputed by the liability insurer for more than 60 days or continues to be disputed for more than
92	96		8860 days; or
93		-	89 (d) (i) an insured motor vehicle if, before or after the accident, the liability insurer of
	97	+	89 (d) (i) an insured motor vehicle if, before or after the accident, the liability insurer of H.B. 388 02-03-23 11:52 AM
	98	+	- 4 -
94	99		90the motor vehicle is declared insolvent by a court of competent jurisdiction; and
95	100		91 (ii) the motor vehicle described in Subsection (2)(d)(i) is uninsured only to the extent
96	101		92that the claim against the insolvent insurer is not paid by a guaranty association or fund.
97	102		93 (3) Uninsured motorist coverage under Subsection 31A-22-302(1)(b) provides
98	103		94coverage for covered persons who are legally entitled to recover damages from owners or
99	104		95operators of uninsured motor vehicles because of bodily injury, sickness, disease, or death.
100	105		96 (4) (a) For new policies written on or after January 1, 2001, the limits of uninsured
101	106		97motorist coverage shall be equal to the lesser of the limits of the named insured's motor vehicle
102	107		98liability coverage or the maximum uninsured motorist coverage limits available by the insurer
103	108		99under the named insured's motor vehicle policy, unless a named insured rejects or purchases
104	109		100coverage in a lesser amount by signing an acknowledgment form that:
105	110		101 (i) is filed with the department;
106	111		102 (ii) is provided by the insurer;
107	112		103 (iii) waives the higher coverage;
108	113		104 (iv) need only state in this or similar language that uninsured motorist coverage
109	114		105provides benefits or protection to you and other covered persons for bodily injury resulting
110	115		106from an accident caused by the fault of another party where the other party has no liability
111	116		107insurance; and
112	117		108 (v) discloses the additional premiums required to purchase uninsured motorist
113	118		109coverage with limits equal to the lesser of the limits of the named insured's motor vehicle
114	119		110liability coverage or the maximum uninsured motorist coverage limits available by the insurer
115	120		111under the named insured's motor vehicle policy.
116	121		112 (b) Any selection or rejection under this Subsection (4) continues for that issuer of the
117		-	113liability coverage until the insured requests, in writing, a change of uninsured motorist Enrolled Copy H.B. 388
118		-	- 5 -
	122	+	113liability coverage until the insured requests, in writing, a change of uninsured motorist
119	123		114coverage from that liability insurer.
120	124		115 (c) (i) Subsections (4)(a) and (b) apply retroactively to any claim arising on or after
121	125		116January 1, 2001, for which, as of May 14, 2013, an insured has not made a written demand for
122	126		117arbitration or filed a complaint in a court of competent jurisdiction.
123	127		118 (ii) The Legislature finds that the retroactive application of Subsections (4)(a) and (b)
124	128		119clarifies legislative intent and does not enlarge, eliminate, or destroy vested rights.
125		-	120 (d) For purposes of this Subsection (4), "new policy" means:
	129	+	120 (d) For purposes of this Subsection (4), "new policy" means: 02-03-23 11:52 AM H.B. 388
	130	+	- 5 -
126	131		121 (i) any policy that is issued which does not include a renewal or reinstatement of an
127	132		122existing policy; or
128	133		123 (ii) a change to an existing policy that results in:
129	134		124 (A) a named insured being added to or deleted from the policy; or
130	135		125 (B) a change in the limits of the named insured's motor vehicle liability coverage.
131	136		126 (e) (i) As used in this Subsection (4)(e), "additional motor vehicle" means a change
132	137		127that increases the total number of vehicles insured by the policy, and does not include
133	138		128replacement, substitute, or temporary vehicles.
134	139		129 (ii) The adding of an additional motor vehicle to an existing personal lines or
135	140		130commercial lines policy does not constitute a new policy for purposes of Subsection (4)(d).
136	141		131 (iii) If an additional motor vehicle is added to a personal lines policy where uninsured
137	142		132motorist coverage has been rejected, or where uninsured motorist limits are lower than the
138	143		133named insured's motor vehicle liability limits, the insurer shall provide a notice to a named
139	144		134insured within 30 days that:
140	145		135 (A) in the same manner as described in Subsection (4)(a)(iv), explains the purpose of
141	146		136uninsured motorist coverage; and
142	147		137 (B) encourages the named insured to contact the insurance company or insurance
143	148		138producer for quotes as to the additional premiums required to purchase uninsured motorist
144	149		139coverage with limits equal to the lesser of the limits of the named insured's motor vehicle
145	150		140liability coverage or the maximum uninsured motorist coverage limits available by the insurer
146		-	141under the named insured's motor vehicle policy. H.B. 388 Enrolled Copy
147		-	- 6 -
	151	+	141under the named insured's motor vehicle policy.
148	152		142 (f) A change in policy number resulting from any policy change not identified under
149	153		143Subsection (4)(d)(ii) does not constitute a new policy.
150	154		144 (g) (i) Subsection (4)(d) applies retroactively to any claim arising on or after January 1,
151	155		1452001, for which, as of May 1, 2012, an insured has not made a written demand for arbitration
152	156		146or filed a complaint in a court of competent jurisdiction.
153	157		147 (ii) The Legislature finds that the retroactive application of Subsection (4):
154	158		148 (A) does not enlarge, eliminate, or destroy vested rights; and
155	159		149 (B) clarifies legislative intent.
156	160		150 (h) A self-insured, including a governmental entity, may elect to provide uninsured
157		-	151motorist coverage in an amount that is less than its maximum self-insured retention under
	161	+	151motorist coverage in an amount that is less than its maximum self-insured retention under H.B. 388 02-03-23 11:52 AM
	162	+	- 6 -
158	163		152Subsections (4)(a) and (5)(a) by issuing a declaratory memorandum or policy statement from
159	164		153the chief financial officer or chief risk officer that declares the:
160	165		154 (i) self-insured entity's coverage level; and
161	166		155 (ii) process for filing an uninsured motorist claim.
162	167		156 (i) Uninsured motorist coverage may not be sold with limits that are less than the
163	168		157minimum bodily injury limits for motor vehicle liability policies under Section 31A-22-304.
164	169		158 (j) The acknowledgment under Subsection (4)(a) continues for that issuer of the
165	170		159uninsured motorist coverage until the named insured requests, in writing, different uninsured
166	171		160motorist coverage from the insurer.
167	172		161 (k) (i) In conjunction with the first two renewal notices sent after January 1, 2001, for
168	173		162policies existing on that date, the insurer shall disclose in the same medium as the premium
169	174		163renewal notice, an explanation of:
170	175		164 (A) the purpose of uninsured motorist coverage in the same manner as described in
171	176		165Subsection (4)(a)(iv); and
172	177		166 (B) a disclosure of the additional premiums required to purchase uninsured motorist
173	178		167coverage with limits equal to the lesser of the limits of the named insured's motor vehicle
174	179		168liability coverage or the maximum uninsured motorist coverage limits available by the insurer
175		-	169under the named insured's motor vehicle policy. Enrolled Copy H.B. 388
176		-	- 7 -
	180	+	169under the named insured's motor vehicle policy.
177	181		170 (ii) The disclosure required under Subsection (4)(k)(i) shall be sent to all named
178	182		171insureds that carry uninsured motorist coverage limits in an amount less than the named
179	183		172insured's motor vehicle liability policy limits or the maximum uninsured motorist coverage
180	184		173limits available by the insurer under the named insured's motor vehicle policy.
181	185		174 (l) For purposes of this Subsection (4), a notice or disclosure sent to a named insured in
182	186		175a household constitutes notice or disclosure to all insureds within the household.
183	187		176 (5) (a) (i) Except as provided in Subsection (5)(b), the named insured may reject
184	188		177uninsured motorist coverage by an express writing to the insurer that provides liability
185	189		178coverage under Subsection 31A-22-302(1)(a).
186	190		179 (ii) This rejection shall be on a form provided by the insurer that includes a reasonable
187	191		180explanation of the purpose of uninsured motorist coverage.
188	192		181 (iii) This rejection continues for that issuer of the liability coverage until the insured in
189		-	182writing requests uninsured motorist coverage from that liability insurer.
	193	+	182writing requests uninsured motorist coverage from that liability insurer. 02-03-23 11:52 AM H.B. 388
	194	+	- 7 -
190	195		183 (b) (i) All persons, including governmental entities, that are engaged in the business of,
191	196		184or that accept payment for, transporting natural persons by motor vehicle, and all school
192	197		185districts that provide transportation services for their students, shall provide coverage for all
193	198		186motor vehicles used for that purpose, by purchase of a policy of insurance or by self-insurance,
194	199		187uninsured motorist coverage of at least $25,000 per person and $500,000 per accident.
195	200		188 (ii) This coverage is secondary to any other insurance covering an injured covered
196	201		189person.
197	202		190 (c) Uninsured motorist coverage:
198	203		191 (i) does not cover any benefit paid or payable under Title 34A, Chapter 2, Workers'
199	204		192Compensation Act, except that the covered person is credited an amount described in
200	205		193Subsection 34A-2-106(5);
201	206		194 (ii) may not be subrogated by the workers' compensation insurance carrier, workers'
202	207		195compensation insurance, uninsured employer, the Uninsured Employers Fund created in
203	208		196Section 34A-2-704, or the Employers' Reinsurance Fund created in Section 34A-2-702;
204		-	197 (iii) may not be reduced by any benefits provided by workers' compensation insurance, H.B. 388 Enrolled Copy
205		-	- 8 -
	209	+	197 (iii) may not be reduced by any benefits provided by workers' compensation insurance,
206	210		198uninsured employer, the Uninsured Employers Fund created in Section 34A-2-704, or the
207	211		199Employers' Reinsurance Fund created in Section 34A-2-702;
208	212		200 (iv) may be reduced by health insurance subrogation only after the covered person has
209	213		201been made whole;
210	214		202 (v) may not be collected for bodily injury or death sustained by a person:
211	215		203 (A) while committing a violation of Section 41-1a-1314;
212	216		204 (B) who, as a passenger in a vehicle, has knowledge that the vehicle is being operated
213	217		205in violation of Section 41-1a-1314; or
214	218		206 (C) while committing a felony; and
215	219		207 (vi) notwithstanding Subsection (5)(c)(v), may be recovered:
216	220		208 (A) for a person under 18 years old who is injured within the scope of Subsection
217	221		209(5)(c)(v) but limited to medical and funeral expenses; or
218	222		210 (B) by a law enforcement officer as defined in Section 53-13-103, who is injured
219	223		211within the course and scope of the law enforcement officer's duties.
220	224		212 (d) As used in this Subsection (5), "motor vehicle" has the same meaning as under
221		-	213Section 41-1a-102.
	225	+	213Section 41-1a-102. H.B. 388 02-03-23 11:52 AM
	226	+	- 8 -
222	227		214 (6) When a covered person alleges that an uninsured motor vehicle under Subsection
223	228		215(2)(b) proximately caused an accident without touching the covered person or the motor
224	229		216vehicle occupied by the covered person, the covered person shall show the existence of the
225	230		217uninsured motor vehicle by clear and convincing evidence consisting of more than the covered
226	231		218person's testimony.
227	232		219 (7) (a) The limit of liability for uninsured motorist coverage for two or more motor
228	233		220vehicles may not be added together, combined, or stacked to determine the limit of insurance
229	234		221coverage available to an injured person for any one accident.
230	235		222 (b) (i) Subsection (7)(a) applies to all persons except a covered person as defined under
231	236		223Subsection (8)(b).
232	237		224 (ii) A covered person as defined under Subsection (8)(b)(ii) is entitled to the highest
233		-	225limits of uninsured motorist coverage afforded for any one motor vehicle that the covered Enrolled Copy H.B. 388
234		-	- 9 -
	238	+	225limits of uninsured motorist coverage afforded for any one motor vehicle that the covered
235	239		226person is the named insured or an insured family member.
236	240		227 (iii) This coverage shall be in addition to the coverage on the motor vehicle the covered
237	241		228person is occupying.
238	242		229 (iv) Neither the primary nor the secondary coverage may be set off against the other.
239	243		230 (c) Coverage on a motor vehicle occupied at the time of an accident shall be primary
240	244		231coverage, and the coverage elected by a person described under Subsections (1)(a), (b), and (c)
241	245		232shall be secondary coverage.
242	246		233 (8) (a) Uninsured motorist coverage under this section applies to bodily injury,
243	247		234sickness, disease, or death of covered persons while occupying or using a motor vehicle only if
244	248		235the motor vehicle is described in the policy under which a claim is made, or if the motor
245	249		236vehicle is a newly acquired or replacement motor vehicle covered under the terms of the policy.
246	250		237Except as provided in Subsection (7) or this Subsection (8), a covered person injured in a
247	251		238motor vehicle described in a policy that includes uninsured motorist benefits may not elect to
248	252		239collect uninsured motorist coverage benefits from any other motor vehicle insurance policy
249	253		240under which the person is a covered person.
250	254		241 (b) Each of the following persons may also recover uninsured motorist benefits under
251	255		242any one other policy in which they are described as a "covered person" as defined in Subsection
252	256		243(1):
253		-	244 (i) a covered person injured as a pedestrian by an uninsured motor vehicle; and
	257	+	244 (i) a covered person injured as a pedestrian by an uninsured motor vehicle; and 02-03-23 11:52 AM H.B. 388
	258	+	- 9 -
254	259		245 (ii) except as provided in Subsection (8)(c), a covered person injured while occupying
255	260		246or using a motor vehicle that is not owned, leased, or furnished:
256	261		247 (A) to the covered person;
257	262		248 (B) to the covered person's spouse; or
258	263		249 (C) to the covered person's resident parent or resident sibling.
259	264		250 (c) (i) A covered person may recover benefits from no more than two additional
260	265		251policies, one additional policy from each parent's household if the covered person is:
261	266		252 (A) a dependent minor of parents who reside in separate households; and
262		-	253 (B) injured while occupying or using a motor vehicle that is not owned, leased, or H.B. 388 Enrolled Copy
263		-	- 10 -
	267	+	253 (B) injured while occupying or using a motor vehicle that is not owned, leased, or
264	268		254furnished:
265	269		255 (I) to the covered person;
266	270		256 (II) to the covered person's resident parent; or
267	271		257 (III) to the covered person's resident sibling.
268	272		258 (ii) Each parent's policy under this Subsection (8)(c) is liable only for the percentage of
269	273		259the damages that the limit of liability of each parent's policy of uninsured motorist coverage
270	274		260bears to the total of both parents' uninsured coverage applicable to the accident.
271	275		261 (d) A covered person's recovery under any available policies may not exceed the full
272	276		262amount of damages.
273	277		263 (e) A covered person in Subsection (8)(b) is not barred against making subsequent
274	278		264elections if recovery is unavailable under previous elections.
275	279		265 (f) (i) As used in this section, "interpolicy stacking" means recovering benefits for a
276	280		266single incident of loss under more than one insurance policy.
277	281		267 (ii) Except to the extent permitted by Subsection (7) and this Subsection (8),
278	282		268interpolicy stacking is prohibited for uninsured motorist coverage.
279	283		269 (9) (a) When a claim is brought by a named insured or a person described in
280	284		270Subsection (1) and is asserted against the covered person's uninsured motorist carrier, the
281	285		271claimant may elect to resolve the claim:
282	286		272 (i) by submitting the claim to binding arbitration; or
283	287		273 (ii) through litigation.
284	288		274 (b) Unless otherwise provided in the policy under which uninsured benefits are
285		-	275claimed, the election provided in Subsection (9)(a) is available to the claimant only, except that
	289	+	275claimed, the election provided in Subsection (9)(a) is available to the claimant only, except that H.B. 388 02-03-23 11:52 AM
	290	+	- 10 -
286	291		276if the policy under which insured benefits are claimed provides that either an insured or the
287	292		277insurer may elect arbitration, the insured or the insurer may elect arbitration and that election to
288	293		278arbitrate shall stay the litigation of the claim under Subsection (9)(a)(ii).
289	294		279 (c) Once the claimant has elected to commence litigation under Subsection (9)(a)(ii),
290	295		280the claimant may not elect to resolve the claim through binding arbitration under this section
291		-	281without the written consent of the uninsured motorist carrier. Enrolled Copy H.B. 388
292		-	- 11 -
	296	+	281without the written consent of the uninsured motorist carrier.
293	297		282 (d) For purposes of the statute of limitations applicable to a claim described in
294	298		283Subsection (9)(a), if the claimant does not elect to resolve the claim through litigation, the
295	299		284claim is considered filed when the claimant submits the claim to binding arbitration in
296	300		285accordance with this Subsection (9).
297	301		286 (e) (i) Unless otherwise agreed to in writing by the parties, a claim that is submitted to
298	302		287binding arbitration under Subsection (9)(a)(i) shall be resolved by a single arbitrator.
299	303		288 (ii) All parties shall agree on the single arbitrator selected under Subsection (9)(e)(i).
300	304		289 (iii) If the parties are unable to agree on a single arbitrator as required under Subsection
301	305		290(9)(e)(ii), the parties shall select a panel of three arbitrators.
302	306		291 (f) If the parties select a panel of three arbitrators under Subsection (9)(e)(iii):
303	307		292 (i) each side shall select one arbitrator; and
304	308		293 (ii) the arbitrators appointed under Subsection (9)(f)(i) shall select one additional
305	309		294arbitrator to be included in the panel.
306	310		295 (g) Unless otherwise agreed to in writing:
307	311		296 (i) each party shall pay an equal share of the fees and costs of the arbitrator selected
308	312		297under Subsection (9)(e)(i); or
309	313		298 (ii) if an arbitration panel is selected under Subsection (9)(e)(iii):
310	314		299 (A) each party shall pay the fees and costs of the arbitrator selected by that party; and
311	315		300 (B) each party shall pay an equal share of the fees and costs of the arbitrator selected
312	316		301under Subsection (9)(f)(ii).
313	317		302 (h) Except as otherwise provided in this section or unless otherwise agreed to in
314	318		303writing by the parties, an arbitration proceeding conducted under this section shall be governed
315	319		304by Title 78B, Chapter 11, Utah Uniform Arbitration Act.
316	320		305 (i) (i) The arbitration shall be conducted in accordance with Rules 26(a)(4) through (f),
317		-	30627 through 37, 54, and 68 of the Utah Rules of Civil Procedure, once the requirements of
	321	+	30627 through 37, 54, and 68 of the Utah Rules of Civil Procedure, once the requirements of 02-03-23 11:52 AM H.B. 388
	322	+	- 11 -
318	323		307Subsections (10)(a) through (c) are satisfied.
319	324		308 (ii) The specified tier as defined by Rule 26(c)(3) of the Utah Rules of Civil Procedure
320		-	309shall be determined based on the claimant's specific monetary amount in the written demand H.B. 388 Enrolled Copy
321		-	- 12 -
	325	+	309shall be determined based on the claimant's specific monetary amount in the written demand
322	326		310for payment of uninsured motorist coverage benefits as required in Subsection (10)(a)(i)(A).
323	327		311 (iii) Rules 26.1 and 26.2 of the Utah Rules of Civil Procedure do not apply to
324	328		312arbitration claims under this part.
325	329		313 (j) All issues of discovery shall be resolved by the arbitrator or the arbitration panel.
326	330		314 (k) A written decision by a single arbitrator or by a majority of the arbitration panel
327	331		315shall constitute a final decision.
328	332		316 (l) (i) Except as provided in Subsection (10), the amount of an arbitration award may
329	333		317not exceed the uninsured motorist policy limits of all applicable uninsured motorist policies,
330	334		318including applicable uninsured motorist umbrella policies.
331	335		319 (ii) If the initial arbitration award exceeds the uninsured motorist policy limits of all
332	336		320applicable uninsured motorist policies, the arbitration award shall be reduced to an amount
333	337		321equal to the combined uninsured motorist policy limits of all applicable uninsured motorist
334	338		322policies.
335	339		323 (m) The arbitrator or arbitration panel may not decide the issues of coverage or
336	340		324extra-contractual damages, including:
337	341		325 (i) whether the claimant is a covered person;
338	342		326 (ii) whether the policy extends coverage to the loss; or
339	343		327 (iii) any allegations or claims asserting consequential damages or bad faith liability.
340	344		328 (n) The arbitrator or arbitration panel may not conduct arbitration on a class-wide or
341	345		329class-representative basis.
342	346		330 (o) If the arbitrator or arbitration panel finds that the action was not brought, pursued,
343	347		331or defended in good faith, the arbitrator or arbitration panel may award reasonable attorney fees
344	348		332and costs against the party that failed to bring, pursue, or defend the claim in good faith.
345	349		333 (p) An arbitration award issued under this section shall be the final resolution of all
346	350		334claims not excluded by Subsection (9)(m) between the parties unless:
347	351		335 (i) the award was procured by corruption, fraud, or other undue means;
348	352		336 (ii) either party, within 20 days after service of the arbitration award:
349		-	337 (A) files a complaint requesting a trial de novo in the district court; and ~~Enrolled Copy~~ H.B. 388
350		-	- 13 -
	353	+	337 (A) files a complaint requesting a trial de novo in the district court; and H.B. 388 02-03-23 11:52 AM
	354	+	- 12 -
351	355		338 (B) serves the nonmoving party with a copy of the complaint requesting a trial de novo
352	356		339under Subsection (9)(p)(ii)(A).
353	357		340 (q) (i) Upon filing a complaint for a trial de novo under Subsection (9)(p), the claim
354	358		341shall proceed through litigation pursuant to the Utah Rules of Civil Procedure and Utah Rules
355	359		342of Evidence in the district court.
356	360		343 (ii) In accordance with Rule 38, Utah Rules of Civil Procedure, either party may
357	361		344request a jury trial with a complaint requesting a trial de novo under Subsection (9)(p)(ii)(A).
358	362		345 (r) (i) If the claimant, as the moving party in a trial de novo requested under Subsection
359	363		346(9)(p), does not obtain a verdict that is at least $5,000 and is at least 20% greater than the
360	364		347arbitration award, the claimant is responsible for all of the nonmoving party's costs.
361	365		348 (ii) If the uninsured motorist carrier, as the moving party in a trial de novo requested
362	366		349under Subsection (9)(p), does not obtain a verdict that is at least 20% less than the arbitration
363	367		350award, the uninsured motorist carrier is responsible for all of the nonmoving party's costs.
364	368		351 (iii) Except as provided in Subsection (9)(r)(iv), the costs under this Subsection (9)(r)
365	369		352shall include:
366	370		353 (A) any costs set forth in Rule 54(d), Utah Rules of Civil Procedure; and
367	371		354 (B) the costs of expert witnesses and depositions.
368	372		355 (iv) An award of costs under this Subsection (9)(r) may not exceed $2,500 unless
369	373		356Subsection (10)(h)(iii) applies.
370	374		357 (s) For purposes of determining whether a party's verdict is greater or less than the
371	375		358arbitration award under Subsection (9)(r), a court may not consider any recovery or other relief
372	376		359granted on a claim for damages if the claim for damages:
373	377		360 (i) was not fully disclosed in writing prior to the arbitration proceeding; or
374	378		361 (ii) was not disclosed in response to discovery contrary to the Utah Rules of Civil
375	379		362Procedure.
376	380		363 (t) If a district court determines, upon a motion of the nonmoving party, that the
377	381		364moving party's use of the trial de novo process was filed in bad faith in accordance with
378		-	365Section 78B-5-825, the district court may award reasonable attorney fees to the nonmoving H.B. 388 Enrolled Copy
379		-	- 14 -
	382	+	365Section 78B-5-825, the district court may award reasonable attorney fees to the nonmoving
380	383		366party.
381	384		367 (u) Nothing in this section is intended to limit any claim under any other portion of an
382		-	368applicable insurance policy.
	385	+	368applicable insurance policy. 02-03-23 11:52 AM H.B. 388
	386	+	- 13 -
383	387		369 (v) If there are multiple uninsured motorist policies, as set forth in Subsection (8), the
384	388		370claimant may elect to arbitrate in one hearing the claims against all the uninsured motorist
385	389		371carriers.
386	390		372 (10) (a) Within 30 days after a covered person elects to submit a claim for uninsured
387	391		373motorist benefits to binding arbitration or files litigation, the covered person shall provide to
388	392		374the uninsured motorist carrier:
389	393		375 (i) a written demand for payment of uninsured motorist coverage benefits, setting forth:
390	394		376 (A) subject to Subsection (10)(m), the specific monetary amount of the demand,
391	395		377including a computation of the covered person's claimed past medical expenses, claimed past
392	396		378lost wages, and the other claimed past economic damages; and
393	397		379 (B) the factual and legal basis and any supporting documentation for the demand;
394	398		380 (ii) a written statement under oath disclosing:
395	399		381 (A) (I) the names and last known addresses of all health care providers who have
396	400		382rendered health care services to the covered person that are material to the claims for which
397	401		383uninsured motorist benefits are sought for a period of five years preceding the date of the event
398	402		384giving rise to the claim for uninsured motorist benefits up to the time the election for
399	403		385arbitration or litigation has been exercised; and
400	404		386 (II) the names and last known addresses of the health care providers who have rendered
401	405		387health care services to the covered person, which the covered person claims are immaterial to
402	406		388the claims for which uninsured motorist benefits are sought, for a period of five years
403	407		389preceding the date of the event giving rise to the claim for uninsured motorist benefits up to the
404	408		390time the election for arbitration or litigation has been exercised that have not been disclosed
405	409		391under Subsection (10)(a)(ii)(A)(I);
406	410		392 (B) (I) the names and last known addresses of all health insurers or other entities to
407		-	393whom the covered person has submitted claims for health care services or benefits material to Enrolled Copy H.B. 388
408		-	- 15 -
	411	+	393whom the covered person has submitted claims for health care services or benefits material to
409	412		394the claims for which uninsured motorist benefits are sought, for a period of five years
410	413		395preceding the date of the event giving rise to the claim for uninsured motorist benefits up to the
411	414		396time the election for arbitration or litigation has been exercised; and
412	415		397 (II) the names and last known addresses of the health insurers or other entities to whom
413	416		398the covered person has submitted claims for health care services or benefits, which the covered
414		-	399person claims are immaterial to the claims for which uninsured motorist benefits are sought,
	417	+	399person claims are immaterial to the claims for which uninsured motorist benefits are sought, H.B. 388 02-03-23 11:52 AM
	418	+	- 14 -
415	419		400for a period of five years preceding the date of the event giving rise to the claim for uninsured
416	420		401motorist benefits up to the time the election for arbitration or litigation have not been disclosed;
417	421		402 (C) if lost wages, diminished earning capacity, or similar damages are claimed, all
418	422		403employers of the covered person for a period of five years preceding the date of the event
419	423		404giving rise to the claim for uninsured motorist benefits up to the time the election for
420	424		405arbitration or litigation has been exercised;
421	425		406 (D) other documents to reasonably support the claims being asserted; and
422	426		407 (E) all state and federal statutory lienholders including a statement as to whether the
423	427		408covered person is a recipient of Medicare or Medicaid benefits or Utah Children's Health
424	428		409Insurance Program benefits under Title 26, Chapter 40, Utah Children's Health Insurance Act,
425	429		410or if the claim is subject to any other state or federal statutory liens; and
426	430		411 (iii) signed authorizations to allow the uninsured motorist carrier to only obtain records
427	431		412and billings from the individuals or entities disclosed under Subsections (10)(a)(ii)(A)(I),
428	432		413(B)(I), and (C).
429	433		414 (b) (i) If the uninsured motorist carrier determines that the disclosure of undisclosed
430	434		415health care providers or health care insurers under Subsection (10)(a)(ii) is reasonably
431	435		416necessary, the uninsured motorist carrier may:
432	436		417 (A) make a request for the disclosure of the identity of the health care providers or
433	437		418health care insurers; and
434	438		419 (B) make a request for authorizations to allow the uninsured motorist carrier to only
435	439		420obtain records and billings from the individuals or entities not disclosed.
436		-	421 (ii) If the covered person does not provide the requested information within 10 days: H.B. 388 Enrolled Copy
437		-	- 16 -
	440	+	421 (ii) If the covered person does not provide the requested information within 10 days:
438	441		422 (A) the covered person shall disclose, in writing, the legal or factual basis for the
439	442		423failure to disclose the health care providers or health care insurers; and
440	443		424 (B) either the covered person or the uninsured motorist carrier may request the
441	444		425arbitrator or arbitration panel to resolve the issue of whether the identities or records are to be
442	445		426provided if the covered person has elected arbitration.
443	446		427 (iii) The time periods imposed by Subsection (10)(c)(i) are tolled pending resolution of
444	447		428the dispute concerning the disclosure and production of records of the health care providers or
445	448		429health care insurers.
446		-	430 (c) (i) An uninsured motorist carrier that receives an election for arbitration or a notice
	449	+	430 (c) (i) An uninsured motorist carrier that receives an election for arbitration or a notice 02-03-23 11:52 AM H.B. 388
	450	+	- 15 -
447	451		431of filing litigation and the demand for payment of uninsured motorist benefits under Subsection
448	452		432(10)(a)(i) shall have a reasonable time, not to exceed 60 days from the date of the demand and
449	453		433receipt of the items specified in Subsections (10)(a)(i) through (iii), to:
450	454		434 (A) provide a written response to the written demand for payment provided for in
451	455		435Subsection (10)(a)(i);
452	456		436 (B) except as provided in Subsection (10)(c)(i)(C), tender the amount, if any, of the
453	457		437uninsured motorist carrier's determination of the amount owed to the covered person; and
454	458		438 (C) if the covered person is a recipient of Medicare or Medicaid benefits or Utah
455	459		439Children's Health Insurance Program benefits under Title 26, Chapter 40, Utah Children's
456	460		440Health Insurance Act, or if the claim is subject to any other state or federal statutory liens,
457	461		441tender the amount, if any, of the uninsured motorist carrier's determination of the amount owed
458	462		442to the covered person less:
459	463		443 (I) if the amount of the state or federal statutory lien is established, the amount of the
460	464		444lien; or
461	465		445 (II) if the amount of the state or federal statutory lien is not established, two times the
462	466		446amount of the medical expenses subject to the state or federal statutory lien until such time as
463	467		447the amount of the state or federal statutory lien is established.
464	468		448 (ii) If the amount tendered by the uninsured motorist carrier under Subsection (10)(c)(i)
465		-	449is the total amount of the uninsured motorist policy limits, the tendered amount shall be Enrolled Copy H.B. 388
466		-	- 17 -
	469	+	449is the total amount of the uninsured motorist policy limits, the tendered amount shall be
467	470		450accepted by the covered person.
468	471		451 (d) A covered person who receives a written response from an uninsured motorist
469	472		452carrier as provided for in Subsection (10)(c)(i), may:
470	473		453 (i) elect to accept the amount tendered in Subsection (10)(c)(i) as payment in full of all
471	474		454uninsured motorist claims; or
472	475		455 (ii) elect to:
473	476		456 (A) accept the amount tendered in Subsection (10)(c)(i) as partial payment of all
474	477		457uninsured motorist claims; and
475	478		458 (B) continue to litigate or arbitrate the remaining claim in accordance with the election
476	479		459made under Subsections (9)(a), (b), and (c).
477	480		460 (e) If a covered person elects to accept the amount tendered under Subsection (10)(c)(i)
478		-	461as partial payment of all uninsured motorist claims, the final award obtained through
	481	+	461as partial payment of all uninsured motorist claims, the final award obtained through H.B. 388 02-03-23 11:52 AM
	482	+	- 16 -
479	483		462arbitration, litigation, or later settlement shall be reduced by any payment made by the
480	484		463uninsured motorist carrier under Subsection (10)(c)(i).
481	485		464 (f) In an arbitration proceeding on the remaining uninsured claims:
482	486		465 (i) the parties may not disclose to the arbitrator or arbitration panel the amount paid
483	487		466under Subsection (10)(c)(i) until after the arbitration award has been rendered; and
484	488		467 (ii) the parties may not disclose the amount of the limits of uninsured motorist benefits
485	489		468provided by the policy.
486	490		469 (g) If the final award obtained through arbitration or litigation is greater than the
487	491		470average of the covered person's initial written demand for payment provided for in Subsection
488	492		471(10)(a)(i) and the uninsured motorist carrier's initial written response provided for in
489	493		472Subsection (10)(c)(i), the uninsured motorist carrier shall pay:
490	494		473 (i) the final award obtained through arbitration or litigation, except that if the award
491	495		474exceeds the policy limits of the subject uninsured motorist policy by more than $15,000, the
492	496		475amount shall be reduced to an amount equal to the policy limits plus $15,000; and
493	497		476 (ii) any of the following applicable costs:
494		-	477 (A) any costs as set forth in Rule 54(d), Utah Rules of Civil Procedure; H.B. 388 Enrolled Copy
495		-	- 18 -
	498	+	477 (A) any costs as set forth in Rule 54(d), Utah Rules of Civil Procedure;
496	499		478 (B) the arbitrator or arbitration panel's fee; and
497	500		479 (C) the reasonable costs of expert witnesses and depositions used in the presentation of
498	501		480evidence during arbitration or litigation.
499	502		481 (h) (i) The covered person shall provide an affidavit of costs within five days of an
500	503		482arbitration award.
501	504		483 (ii) (A) Objection to the affidavit of costs shall specify with particularity the costs to
502	505		484which the uninsured motorist carrier objects.
503	506		485 (B) The objection shall be resolved by the arbitrator or arbitration panel.
504	507		486 (iii) The award of costs by the arbitrator or arbitration panel under Subsection
505	508		487(10)(g)(ii) may not exceed $5,000.
506	509		488 (i) (i) A covered person shall disclose all material information, other than rebuttal
507	510		489evidence, within 30 days after a covered person elects to submit a claim for uninsured motorist
508	511		490coverage benefits to binding arbitration or files litigation as specified in Subsection (10)(a).
509	512		491 (ii) If the information under Subsection (10)(i)(i) is not disclosed, the covered person
510		-	492may not recover costs or any amounts in excess of the policy under Subsection (10)(g).
	513	+	492may not recover costs or any amounts in excess of the policy under Subsection (10)(g). 02-03-23 11:52 AM H.B. 388
	514	+	- 17 -
511	515		493 (j) This Subsection (10) does not limit any other cause of action that arose or may arise
512	516		494against the uninsured motorist carrier from the same dispute.
513	517		495 (k) The provisions of this Subsection (10) only apply to motor vehicle accidents that
514	518		496occur on or after March 30, 2010.
515	519		497 (l) (i) The written demand requirement in Subsection (10)(a)(i)(A) does not affect the
516	520		498covered person's requirement to provide a computation of any other economic damages
517	521		499claimed, and the one or more respondents shall have a reasonable time after the receipt of the
518	522		500computation of any other economic damages claimed to conduct fact and expert discovery as to
519	523		501any additional damages claimed. The changes made by Laws of Utah 2014, Chapter 290,
520	524		502Section 10, and Chapter 300, Section 10, to this Subsection (10)(l) and Subsection
521	525		503(10)(a)(i)(A) apply to a claim submitted to binding arbitration or through litigation on or after
522	526		504May 13, 2014.
523		-	505 (ii) The changes made by Laws of Utah 2014, Chapter 290, Section 10, and Chapter Enrolled Copy H.B. 388
524		-	- 19 -
	527	+	505 (ii) The changes made by Laws of Utah 2014, Chapter 290, Section 10, and Chapter
525	528		506300, Section 10, to Subsections (10)(a)(ii)(A)(II) and (B)(II) apply to any claim submitted to
526	529		507binding arbitration or through litigation on or after May 13, 2014.
527	530		508 (11) (a) [Notwithstanding Section 31A-21-313, an] A person shall commence an action
528	531		509on a written policy or contract for uninsured motorist coverage [shall be commenced] within
529	532		510four years after the inception of loss.
530	533		511 (b) Subsection (11)(a) shall apply to all claims that have not been time barred by
531	534		512Subsection 31A-21-313(1)(a) as of May 14, 2019.
532	535		513 Section 3. Section 31A-22-307 is amended to read:
533	536		514 31A-22-307. Personal injury protection coverages and benefits.
534	537		515 (1) Personal injury protection coverages and benefits include:
535	538		516 (a) up to the minimum amount required coverage of not less than $3,000 per person,
536	539		517the reasonable value of all expenses for necessary:
537	540		518 (i) medical services;
538	541		519 (ii) surgical services;
539	542		520 (iii) X-ray services;
540	543		521 (iv) dental services;
541	544		522 (v) rehabilitation services, including prosthetic devices;
542		-	523 (vi) ambulance services;
	545	+	523 (vi) ambulance services; H.B. 388 02-03-23 11:52 AM
	546	+	- 18 -
543	547		524 (vii) hospital services; and
544	548		525 (viii) nursing services;
545	549		526 (b) (i) the lesser of $250 per week or 85% of any loss of gross income and loss of
546	550		527earning capacity per person from inability to work, for a maximum of 52 consecutive weeks
547	551		528after the loss, except that this benefit need not be paid for the first three days of disability,
548	552		529unless the disability continues for longer than two consecutive weeks after the date of injury;
549	553		530and
550	554		531 (ii) a special damage allowance not exceeding $20 per day for a maximum of 365 days,
551	555		532for services actually rendered or expenses reasonably incurred for services that, but for the
552		-	533injury, the injured person would have performed for the injured person's household, except that H.B. 388 Enrolled Copy
553		-	- 20 -
	556	+	533injury, the injured person would have performed for the injured person's household, except that
554	557		534this benefit need not be paid for the first three days after the date of injury unless the person's
555	558		535inability to perform these services continues for more than two consecutive weeks;
556	559		536 (c) funeral, burial, or cremation benefits not to exceed a total of $1,500 per person; and
557	560		537 (d) compensation on account of death of a person, payable to the person's heirs, in the
558	561		538total of $3,000.
559	562		539 (2) (a) (i) To determine the reasonable value of the medical expenses provided for in
560	563		540Subsection (1) and under Subsection 31A-22-309(1)(a)(vi), the commissioner shall conduct a
561	564		541relative value study of services and accommodations for the diagnosis, care, recovery, or
562	565		542rehabilitation of an injured person in the most populous county in the state to assign a unit
563	566		543value and determine the 75th percentile charge for each type of service and accommodation.
564	567		544 (ii) The relative value study shall be updated every other year.
565	568		545 (iii) In conducting the relative value study, the department may consult or contract with
566	569		546appropriate public and private medical and health agencies or other technical experts.
567	570		547 (iv) The costs and expenses incurred in conducting, maintaining, and administering the
568	571		548relative value study shall be funded by the tax created under Section 59-9-105.
569	572		549 (v) Upon completion of the relative value study, the department shall prepare and
570	573		550publish a relative value study which sets forth the unit value and the 75th percentile charge
571	574		551assigned to each type of service and accommodation.
572	575		552 (b) (i) The reasonable value of any service or accommodation is determined by
573	576		553applying the unit value and the 75th percentile charge assigned to the service or
574		-	554accommodation under the relative value study.
	577	+	554accommodation under the relative value study. 02-03-23 11:52 AM H.B. 388
	578	+	- 19 -
575	579		555 (ii) If a service or accommodation is not assigned a unit value or the 75th percentile
576	580		556charge under the relative value study, the value of the service or accommodation shall equal the
577	581		557reasonable cost of the same or similar service or accommodation in the most populous county
578	582		558of this state.
579	583		559 (c) This Subsection (2) does not preclude the department from adopting a schedule
580	584		560already established or a schedule prepared by persons outside the department, if it meets the
581		-	561requirements of this Subsection (2). Enrolled Copy H.B. 388
582		-	- 21 -
	585	+	561requirements of this Subsection (2).
583	586		562 (d) Every insurer shall report to the commissioner any pattern of overcharging,
584	587		563excessive treatment, or other improper actions by a health provider within 30 days after the day
585	588		564on which the insurer has knowledge of the pattern.
586	589		565 (e) (i) In disputed cases, a court on its own motion or on the motion of either party,
587	590		566may designate an impartial medical panel of not more than three licensed physicians to
588	591		567examine the claimant and testify on the issue of the reasonable value of the claimant's medical
589	592		568services or expenses.
590	593		569 (ii) An impartial medical panel designated under Subsection (2)(e)(i) shall consist of a
591	594		570majority of health care professionals within the same license classification and specialty as the
592	595		571provider of the claimant's medical services or expenses.
593	596		572 (3) Medical expenses as provided for in Subsection (1)(a) and in Subsection
594	597		57331A-22-309(1)(a)(vi) include expenses for any nonmedical remedial care and treatment
595	598		574rendered in accordance with a recognized religious method of healing.
596	599		575 (4) The insured may waive for the named insured and the named insured's spouse only
597	600		576the loss of gross income benefits of Subsection (1)(b)(i) if the insured states in writing that:
598	601		577 (a) within 31 days of applying for coverage, neither the insured nor the insured's spouse
599	602		578received any earned income from regular employment; and
600	603		579 (b) for at least 180 days from the date of the writing and during the period of insurance,
601	604		580neither the insured nor the insured's spouse will receive earned income from regular
602	605		581employment.
603	606		582 (5) This section does not:
604	607		583 (a) prohibit the issuance of a policy of insurance providing coverages greater than the
605	608		584minimum coverage required under this chapter; or
606		-	585 (b) require the segregation of those minimum coverages from other coverages in the
	609	+	585 (b) require the segregation of those minimum coverages from other coverages in the H.B. 388 02-03-23 11:52 AM
	610	+	- 20 -
607	611		586same policy.
608	612		587 (6) Deductibles are not permitted with respect to the insurance coverages required
609	613		588under this section.
610		-	589 (7) (a) A person shall bring an action on a written policy or contract for personal injury H.B. 388 Enrolled Copy
611		-	- 22 -
	614	+	589 (7) (a) A person shall bring an action on a written policy or contract for personal injury
612	615		590protection coverage within four years after the inception of loss.
613	616		591 (b) This Subsection (7) applies to a claim that is not time barred by Subsection
614	617		59231A-21-313(1)(a) as of May 3, 2023.
615	618		593 Section 4. Section 78B-2-305 is amended to read:
616	619		594 78B-2-305. Within three years.
617	620		595 An action may be brought within three years:
618	621		596 (1) for waste, trespass upon, or injury to real property; except that when waste or
619	622		597trespass is committed by means of underground works upon any mining claim, the cause of
620	623		598action does not accrue until the discovery by the aggrieved party of the facts constituting the
621	624		599waste or trespass;
622	625		600 (2) for taking, detaining, or injuring personal property, including actions for specific
623	626		601recovery[;], except that:
624	627		602 (a) in cases where the subject of the action is a domestic animal usually included in the
625	628		603term "livestock," which at the time of its loss has a recorded mark or brand, if the animal
626	629		604strayed or was stolen from the true owner without the owner's fault, the cause does not accrue
627	630		605until the owner has actual knowledge of facts that would put a reasonable person upon inquiry
628	631		606as to the possession of the animal by the defendant; and
629	632		607 (b) as provided in Subsection 73B-2-307(3), for a claim involving damage to personal
630	633		608property from an accident involving a motor vehicle as defined in Section 41-6a-102, including
631	634		609an accident involving a motor vehicle and bicycle, the action may be brought within four years;
632	635		610 (3) for relief on the ground of fraud or mistake; except that the cause of action does not
633	636		611accrue until the discovery by the aggrieved party of the facts constituting the fraud or mistake;
634	637		612 (4) for a liability created by the statutes of this state, other than for a penalty or
635	638		613forfeiture under the laws of this state, except where in special cases a different limitation is
636	639		614prescribed by the statutes of this state; or
637	640		615 (5) to enforce liability imposed by Section 78B-3-603, or for damages under Section
638		-	61678B-6-1701, except that the cause of action does not accrue until the aggrieved party knows or
639		-	~~617reasonably should know of the harm suffered. Enrolled Copy H.B. 388~~
640		-	~~- 23 -~~
	641	+	61678B-6-1701, except that the cause of action does not accrue until the aggrieved party knows or 02-03-23 11:52 AM H.B. 388
	642	+	- 21 -
	643	+	617reasonably should know of the harm suffered.
641	644		618 Section 5. Section 78B-2-307 is amended to read:
642	645		619 78B-2-307. Within four years.
643	646		620 An action may be brought within four years:
644	647		621 (1) after the last charge is made or the last payment is received:
645	648		622 (a) upon a contract, obligation, or liability not founded upon an instrument in writing;
646	649		623 (b) on an open store account for any goods, wares, or merchandise; or
647	650		624 (c) on an open account for work, labor or services rendered, or materials furnished;
648	651		625 (2) for a claim for relief or a cause of action under the following sections of Title 25,
649	652		626Chapter 6, Uniform Voidable Transactions Act:
650	653		627 (a) Subsection 25-6-202(1)(a), except in specific situations where the time for action is
651	654		628limited to one year under Section 25-6-305;
652	655		629 (b) Subsection 25-6-202(1)(b); or
653	656		630 (c) Subsection 25-6-203(1); [and]
654	657		631 (3) for a claim involving personal property damage to the aggrieved party's motor
655	658		632vehicle, as defined in Section 41-6a-102, or personal property from an accident involving a
656	659		633motor vehicle; and
657	660		634 [(3)] (4) for relief not otherwise provided for by law.