DAR File No. 29373

Insurance, Administration

R590-211

Underinsured Motorist Insurer Notification

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 29373
Filed: 12/28/2006, 12:00
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Subsection 31A-2-201(3) allows the commissioner to write rules to implement the provisions of Title 31A. This rule implements the provisions of Subsection 31A-22-305(12)(a), which was moved to Subsection 31A-22-305.3(5)(a) during the 2006 Legislative Session by S.B. 224. No changes were made to this subsection in the bill. The rule is in the process of being revised now and the code reference will be corrected during this process. Subsection 31A-22-305.3(5)(a) provides the manner in which a claimant, or a claimant's representative, shall give notification to the underinsured motorist insurer once liability policy limits have been tendered. (DAR NOTE: S.B. 224 (2006) is found at Chapter 69, Laws of Utah 2006, and was effective 05/01/2006.)

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments have been received by the department during the past five years.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The rule is necessary to provide the claimant or the claimant's representative with instructions about how to properly notify the insurer that the claim payment has been received by the claimant. It helps the claimant know the method and information needed by the insurer to match up the notification with the complaint file and verify payment was received. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Insurance
Administration
Room 3110 STATE OFFICE BLDG
450 N MAIN ST
SALT LAKE CITY UT 84114-1201

Direct questions regarding this rule to:

Jilene Whitby at the above address, by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at jwhitby@utah.gov

Authorized by:

Jilene Whitby, Information Specialist