Insurance, Administration

Rule R590-122

Permissible Arbitration Provisions

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 36385
Filed: 06/18/2012 08:52:42 AM

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) authorizes the commissioner to make rules to implement the provisions of Title 31A. As a result of this authority this rule defines the term, "permissible arbitration" as set forth in Subsections 31A-21-313(3)(c) and 31A-21-314(2).

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 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:

It is important that this rule be continued in force to provide guidance to insurance companies about the type of arbitration provisions they may put into their policies. These provisions provide steps to be taken by insureds who disagree with the settlement of their claims and would like to involve a third party in the settlement of their claims. The rule gives the department the authority to make sure these provisions are fair and nondiscriminatory.

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

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

Effective:

06/18/2012