This document includes House Committee Amendments incorporated into the bill on Fri, Feb 13, 2015 at 12:29 PM by jeyring.
1     
INSURANCE CANCELLATION AND NONRENEWAL

2     
AMENDMENTS

3     
2015 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Jacob L. Anderegg

6     
Senate Sponsor: Curtis S. Bramble

7     

8     LONG TITLE
9     General Description:
10          This bill modifies the Insurance Code to address issues related to cancellation or
11     nonrenewal of insurance.
12     Highlighted Provisions:
13          This bill:
14          ▸     amends the provision related to renewal of certain insurance policies;
15          ▸     clarifies how deadlines are measured; and
16          ▸     makes technical changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          31A-21-303, as last amended by Laws of Utah 2010, Chapter 190
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 31A-21-303 is amended to read:
27          31A-21-303. Cancellation, issuance, renewal.

28          (1) (a) Except as otherwise provided in this section, other statutes, or by rule under
29     Subsection (1)(c), this section applies to all policies of insurance:
30          (i) except for:
31          (A) life insurance;
32          (B) accident and health insurance; and
33          (C) annuities; and
34          (ii) if the policies of insurance are issued on forms that are subject to filing under
35     Subsection 31A-21-201(1).
36          (b) A policy may provide terms more favorable to insureds than this section requires.
37          (c) The commissioner may by rule totally or partially exempt from this section classes
38     of insurance policies in which the insureds do not need protection against arbitrary or
39     unannounced termination.
40          (d) The rights provided by this section are in addition to and do not prejudice any other
41     rights the insureds may have at common law or under other statutes.
42          (2) (a) As used in this Subsection (2), "grounds" means:
43          (i) material misrepresentation;
44          (ii) substantial change in the risk assumed, unless the insurer should reasonably have
45     foreseen the change or contemplated the risk when entering into the contract;
46          (iii) substantial breaches of contractual duties, conditions, or warranties;
47          (iv) attainment of the age specified as the terminal age for coverage, in which case the
48     insurer may cancel by notice under Subsection (2)(c), accompanied by a tender of proportional
49     return of premium; or
50          (v) in the case of motor vehicle insurance, revocation or suspension of the driver's
51     license of:
52          (A) the named insured; or
53          (B) any other person who customarily drives the motor vehicle.
54          (b) (i) Except as provided in Subsection (2)(e) or unless the conditions of Subsection
55     (2)(b)(ii) are met, an insurance policy may not be canceled by the insurer before the earlier of:
56          (A) the expiration of the agreed term; or
57          (B) one year from the effective date of the policy or renewal.
58          (ii) Notwithstanding Subsection (2)(b)(i), an insurance policy may be canceled by the

59     insurer for:
60          (A) nonpayment of a premium when due; or
61          (B) on grounds defined in Subsection (2)(a).
62          (c) (i) The cancellation provided by Subsection (2)(b), except cancellation for
63     nonpayment of premium, is effective no sooner than 30 days after the delivery or first-class
64     mailing of a written notice to the policyholder.
65          (ii) Cancellation for nonpayment of premium is effective no sooner than 10 days after
66     delivery or first class mailing of a written notice to the policyholder.
67          (d) (i) Notice of cancellation for nonpayment of premium shall include a statement of
68     the reason for cancellation.
69          (ii) Subsection (7) applies to the notice required for grounds of cancellation other than
70     nonpayment of premium.
71          (e) (i) Subsections (2)(a) through (d) do not apply to any insurance contract that has not
72     been previously renewed if the contract has been in effect less than 60 days when the written
73     notice of cancellation is mailed or delivered.
74          (ii) A cancellation under this Subsection (2)(e) may not be effective until at least 10
75     days after the delivery to the insured of a written notice of cancellation.
76          (iii) If the notice required by this Subsection (2)(e) is sent by first-class mail, postage
77     prepaid, to the insured at the insured's last-known address, delivery is considered accomplished
78     after the passing, since the mailing date, of the mailing time specified in the Utah Rules of
79     Civil Procedure.
80          (iv) A policy cancellation subject to this Subsection (2)(e) is not subject to the
81     procedures described in Subsection (7).
82          (3) A policy may be issued for a term longer than one year or for an indefinite term if
83     the policy includes a clause providing for cancellation by the insurer by giving notice as
84     provided in Subsection (4)(b)(i) 30 days prior to any anniversary date.
85          (4) (a) Subject to Subsections (2), (3), and (4)(b), a policyholder has a right to have the
86     policy renewed:
87          (i) on the terms then being applied by the insurer to similar risks; and
88          (ii) (A) for an additional period of time equivalent to the expiring term if the agreed
89     term is one year or less; or

90          (B) for one year if the agreed term is longer than one year.
91          (b) Except as provided in Subsections (4)(c) and (5), the right to renewal under
92     Subsection (4)(a) is extinguished if:
93          (i) at least 30 days [prior to] before the policy expiration or anniversary date a notice of
94     intention not to renew the policy beyond the agreed expiration or anniversary date is delivered
95     or sent by first-class mail by the insurer to the policyholder at the policyholder's last-known
96     address;
97          (ii) not more than 45 nor less than 14 days [prior to] before the due date of the renewal
98     premium, the insurer delivers or sends by first-class mail a notice to the policyholder at the
99     policyholder's last-known address, clearly stating:
100          (A) the renewal premium;
101          (B) how the renewal premium may be paid, including the due date for payment of the
102     renewal premium; [and]
103          (C) that failure to pay the renewal premium [by the due date] extinguishes the
104     policyholder's right to renewal; and
105          (D) Ĥ→ subject to Subsection (4)(e), ←Ĥ that the extinguishment of the right to
105a     renew for nonpayment of premium is
106     effective no sooner than Ĥ→ at least ←Ĥ 10 days after delivery or first class mailing of a
106a     written notice to the
107     policyholder that the policyholder has failed to pay the premium when due;
108          (iii) the policyholder has:
109          (A) accepted replacement coverage; or
110          (B) requested or agreed to nonrenewal; or
111          (iv) the policy is expressly designated as nonrenewable.
112          (c) Unless the conditions of Subsection (4)(b)(iii) or (iv) apply, an insurer may not fail
113     to renew an insurance policy as a result of a telephone call or other inquiry that:
114          (i) references a policy coverage; and
115          (ii) does not result in the insured requesting payment of a claim.
116          (d) Failure to renew under this Subsection (4) is subject to Subsection (5).
116a      Ĥ→ (e)(i) During the period that begins when the notice described in Subsection
116b     (4)(b)(ii)(D) is delivered or mailed and ends when the premium is paid, coverage exists and
116c     premiums are due.
116d          (ii) If after receiving the notice required by Subsection (4)(b)(ii)(D) a policyholder fails
116e     to pay the renewal premium, the coverage is extinguished as of the date the renewal
116f     premium is originally due.
116g          (iii) Delivery of the notice required by Subsection (4)(b)(ii)(D) includes electronic
116h     delivery in accordance with Section 31A-21-316.
116i          (iv) An insurer is not subject to Subsection (4)(b)(ii)(D) if it provides notice of the
116j     extinguishment of the right to renew for failure to pay premium at least 15 days, but no
116k     longer than 45 days, before the day the renewal payment is due.
116l          (v) Subsection (4)(b)(ii)(D) does not apply to a policy that provides coverage for
116m     30 days or less. ←Ĥ
117          (5) Notwithstanding Subsection (4), an insurer may not fail to renew the following
118     personal lines insurance policies solely on the basis of:
119          (a) in the case of a motor vehicle insurance policy:
120          (i) a claim from the insured that:

121          (A) results from an accident in which:
122          (I) the insured is not at fault; and
123          (II) the driver of the motor vehicle that is covered by the motor vehicle insurance
124     policy is 21 years of age or older; and
125          (B) is the only claim meeting the condition of Subsection (5)(a)(i)(A) within a
126     36-month period;
127          (ii) a single traffic violation by an insured that:
128          (A) is a violation of a speed limit under Title 41, Chapter 6a, Traffic Code;
129          (B) is not in excess of 10 miles per hour over the speed limit;
130          (C) is not a traffic violation under:
131          (I) Section 41-6a-601;
132          (II) Section 41-6a-604; or
133          (III) Section 41-6a-605;
134          (D) is not a violation by an insured driver who is younger than 21 years of age; and
135          (E) is the only violation meeting the conditions of Subsections (5)(a)(ii)(A) through
136     (D) within a 36-month period; or
137          (iii) a claim for damage that:
138          (A) results solely from:
139          (I) wind;
140          (II) hail;
141          (III) lightning; or
142          (IV) an earthquake;
143          (B) is not preventable by the exercise of reasonable care; and
144          (C) is the only claim meeting the conditions of Subsections (5)(a)(iii)(A) and (B)
145     within a 36-month period; and
146          (b) in the case of a homeowner's insurance policy, a claim by the insured that is for
147     damage that:
148          (i) results solely from:
149          (A) wind;
150          (B) hail; or
151          (C) lightning;

152          (ii) is not preventable by the exercise of reasonable care; and
153          (iii) is the only claim meeting the conditions of Subsections (5)(b)(i) and (ii) within a
154     36-month period.
155          (6) (a) (i) Subject to Subsection (6)(b), if the insurer offers or purports to renew the
156     policy, but on less favorable terms or at higher rates, the new terms or rates take effect on the
157     renewal date if the insurer delivered or sent by first-class mail to the policyholder notice of the
158     new terms or rates at least 30 days prior to the expiration date of the prior policy.
159          (ii) If the insurer did not give the prior notification described in Subsection (6)(a)(i) to
160     the policyholder, the new terms or rates do not take effect until 30 days after the notice is
161     delivered or sent by first-class mail, in which case the policyholder may elect to cancel the
162     renewal policy at any time during the 30-day period.
163          (iii) Return premiums or additional premium charges shall be calculated
164     proportionately on the basis that the old rates apply.
165          (b) Subsection (6)(a) does not apply if the only change in terms that is adverse to the
166     policyholder is:
167          (i) a rate increase generally applicable to the class of business to which the policy
168     belongs;
169          (ii) a rate increase resulting from a classification change based on the altered nature or
170     extent of the risk insured against; or
171          (iii) a policy form change made to make the form consistent with Utah law.
172          (7) (a) If a notice of cancellation or nonrenewal under Subsection (2)(c) does not state
173     with reasonable precision the facts on which the insurer's decision is based, the insurer shall
174     send by first-class mail or deliver that information within 10 working days after receipt of a
175     written request by the policyholder.
176          (b) A notice under Subsection (2)(c) is not effective unless it contains information
177     about the policyholder's right to make the request.
178          (8) (a) An insurer that gives a notice of nonrenewal or cancellation of insurance on a
179     motor vehicle insurance policy issued in accordance with the requirements of Chapter 22, Part
180     3, Motor Vehicle Insurance, for nonpayment of a premium shall provide notice of nonrenewal
181     or cancellation to a lienholder if the insurer has been provided the name and mailing address of
182     the lienholder.

183          (b) The notice described in Subsection (8)(a) shall be provided to the lienholder by first
184     class mail or, if agreed by the parties, any electronic means of communication.
185          (c) A lienholder shall provide a current physical address of notification or an electronic
186     address of notification to an insurer that is required to make a notification under Subsection
187     (8)(a).
188          (9) If a risk-sharing plan under Section 31A-2-214 exists for the kind of coverage
189     provided by the insurance being cancelled or nonrenewed, a notice of cancellation or
190     nonrenewal required under Subsection (2)(c) or (4)(b)(i) may not be effective unless it contains
191     instructions to the policyholder for applying for insurance through the available risk-sharing
192     plan.
193          (10) There is no liability on the part of, and no cause of action against, any insurer, its
194     authorized representatives, agents, employees, or any other person furnishing to the insurer
195     information relating to the reasons for cancellation or nonrenewal or for any statement made or
196     information given by them in complying or enabling the insurer to comply with this section
197     unless actual malice is proved by clear and convincing evidence.
198          (11) This section does not alter any common law right of contract rescission for
199     material misrepresentation.
200          (12) If a person is required to pay a premium in accordance with this section:
201          (a) the person may make the payment using:
202          (i) the United States Postal Service;
203          (ii) a delivery service the commissioner describes or designates by rule made in
204     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or
205          (iii) electronic means; and
206          (b) the payment is considered to be made:
207          (i) for a payment that is mailed using the method described in Subsection (12)(a)(i), on
208     the date the payment is postmarked;
209          (ii) for a payment that is delivered using the method described in Subsection (12)(a)(ii),
210     on the date the delivery service records or marks the payment as having been received by the
211     delivery service; or
212          (iii) for a payment that is made using the method described in Subsection (12)(a)(iii),
213     on the date the payment is made electronically.







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     as of 12-19-14 11:53 AM


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