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S.B. 152 Enrolled





Chief Sponsor: Gregory S. Bell

House Sponsor: Stephen H. Urquhart

             7      LONG TITLE
             8      General Description:
             9          This bill defines presumptive personal representative.
             10      Highlighted Provisions:
             11          This bill:
             12          .    provides that presumptive personal representatives may present and resolve claims
             13      for wrongful death, liability, and uninsured motorist claims.
             14      Monies Appropriated in this Bill:
             15          None
             16      Other Special Clauses:
             17          None
             18      Utah Code Sections Affected:
             19      ENACTS:
             20          78B-3-106.5, Utah Code Annotated 1953
             22      Be it enacted by the Legislature of the state of Utah:
             23          Section 1. Section 78B-3-106.5 is enacted to read:
             24          78B-3-106.5. Claims brought by presumptive personal representative.
             25          (1) "Presumptive personal representative" means:
             26          (a) the spouse of the decedent not alleged to have contributed to the death of the
             27      decedent;
             28          (b) if no spouse exists, the spouse of the decedent is incapacitated, or if the spouse of
             29      the decedent is alleged to have contributed to the death of the decedent, then an adult child of

             30      the decedent not alleged to have contributed to the death of the decedent; or
             31          (c) if the spouse and all children of the decedent are incapacitated, or are alleged to
             32      have contributed to the death of the decedent, then a parent of the decedent.
             33          (2) Forty-five days after the death of a person, including a minor, caused by the
             34      wrongful act or neglect of another, the presumptive personal representative may present and
             35      resolve a claim for policy limits up to $25,000 for liability and uninsured motorist claims, and
             36      $10,000 for underinsured motorist claims, arising out of that death to an insurer and may
             37      execute a release of liability upon presentation of an affidavit, properly notarized, stating that:
             38          (a) the person presenting the affidavit is the presumptive personal representative;
             39          (b) 45 days have elapsed since the death of the decedent;
             40          (c) no application or petition for the appointment of a personal representative is pending
             41      or has been granted in any jurisdiction; and
             42          (d) notice of intent to resolve the claim has been sent to the last-known addresses of all
             43      heirs as defined by Section 78B-3-102 or 78B-3-105 .
             44          (3) The presumptive personal representative's claim shall be on behalf of all heirs of the
             45      decedent as defined by Section 78B-3-102 or 78B-3-105 . The personal representative shall
             46      have the same duties toward other heirs as those duties provided in Sections 75-3-701 through
             47      75-3-720 .
             48          (4) Any insurer and its insured paying a claim arising out of the wrongful death of a
             49      person, including a minor, including but not limited to claims for uninsured or underinsured
             50      motorist coverage as provided in Section 31A-22-305 , to a presumptive personal representative
             51      upon presentation of an affidavit as described in Subsection (2) are discharged and released to
             52      the same extent as if the insurer and its insured dealt with a personal representative of the
             53      decedent. The insurer and its insured are not required to inquire into the truth of any statement
             54      in the affidavit.
             55          (5) Nothing in this section affects or prevents, to the limits of insurance protection only,
             56      any claim for first party benefits or a proceeding to establish the liability of a tort feasor insured
             57      under any policy of insurance in addition to the policy under which the claim was presented and

             58      paid under Subsection (2).
             59          (6) If any heirs are minors, the presumptive personal representative may not distribute
             60      more than 50% of the proceeds of the settlement until the distribution has been approved by a
             61      court approved settlement in which a conservator is appointed for any minor heirs.
             62          (7) (a) During the 2008 interim, the Judiciary Interim Committee shall study the results
             63      of implementing the use of presumptive personal representatives in wrongful death claims as
             64      provided in this section.
             65          (b) The Judiciary Interim Committee shall:
             66          (i) study the impact of claims brought by presumptive personal representatives
             67      authorized under this section; and
             68          (ii) consider any other issues regarding presumptive personal representatives.

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