DAR File No. 38416

This notice was published in the May 1, 2014, issue (Vol. 2014, No. 9) of the Utah State Bulletin.


Insurance, Administration

Rule R590-190

Unfair Property, Liability and Title Claims Settlement Practices Rule

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 38416
Filed: 04/07/2014 02:18:37 PM

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:

The rule is authorized specifically or generally by the following code references: Subsections 31A-2-201(1) and 31A-2-201(3) empowering the commissioner to enforce and write rules to implement the provisions of Title 31A. Subsection 31A-2-202(4) authorizes rules requiring timely response to written inquiries from the commissioner. Subsection 31A-26-301(1) allows the commissioner to write rules to provide for the timely payment of claims. Section 31A-26-301 and Subsection 31A-21-312(5) authorize rules dealing with proof and notice of loss-time limitations and under-insurance policies. Subsection 31A-26-303(4) provides the authority to write rules defining unfair claims settlement practices or acts.

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 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 is a critical guide for the insurance industry and their insureds to use in claim settlement and complaint process for automobile, homeowners, and title policies. 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

Effective:

04/07/2014

Authorized by:

Todd Kiser, Commissioner


Additional Information

More information about a Five-Year Notice of Review and Statement of Continuation is available online.

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2014/b20140501.pdf. 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 jwhitby@utah.gov.  For questions about the rulemaking process, please contact the Division of Administrative Rules.