File No. 33319

This notice was published in the February 1, 2010, issue (Vol. 2010, No. 3) of the Utah State Bulletin.

Insurance, Administration

Rule R590-128

Unfair Discrimination Based on the Failure to Maintain Automobile Insurance (Revised)

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 33319
Filed: 01/13/2010 03:46:45 PM


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

This rule is written pursuant to Subsection 31A-23-302(3), which provides guidelines for determining what is unfair discrimination, and Subsection 31A-23-302(8), which allows the commissioner to make rules defining unfair marketing acts or practices.

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

The department has not received any written comments regarding this rule in 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:

This rule needs to continue in force to prevent auto insurers from discriminating against an applicant of automobile insurance based solely upon the fact that they failed to maintain auto insurance for a period of time. An insurer must demonstrate that there are other reasons for denying coverage or increasing their premium, such as, poor driving record, or loss history.

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

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



Authorized by:

Jilene Whitby, Information Specialist

Additional Information

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

For questions regarding the content or application of this rule, please contact Jilene Whitby at the above address, by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at