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8 LONG TITLE
9 General Description:
10 This bill allows a presumptive personal representative to present and resolve a claim for
11 applicable benefits payable under personal injury protection coverage resulting from the
12 death of an insured.
13 Highlighted Provisions:
14 This bill:
15 . allows a presumptive personal representative to present and resolve a claim for
16 applicable benefits payable under personal injury protection coverage resulting from
17 the death of an insured.
18 Monies Appropriated in this Bill:
20 Other Special Clauses:
22 Utah Code Sections Affected:
24 78B-3-106.5, as enacted by Laws of Utah 2008, Chapter 259
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 78B-3-106.5 is amended to read:
28 78B-3-106.5. Claims brought by presumptive personal representative.
29 (1) "Presumptive personal representative" means:
30 (a) the spouse of the decedent not alleged to have contributed to the death of the
32 (b) if no spouse exists, the spouse of the decedent is incapacitated, or if the spouse of
33 the decedent is alleged to have contributed to the death of the decedent, then an adult child of
34 the decedent not alleged to have contributed to the death of the decedent; or
35 (c) if the spouse and all children of the decedent are incapacitated, or are alleged to
36 have contributed to the death of the decedent, then a parent of the decedent.
37 (2) Forty-five days after the death of a person, including a minor, caused by the
38 wrongful act or neglect of another, the presumptive personal representative may present and
39 resolve a claim for policy limits up to $25,000 for liability and uninsured motorist claims, and
40 $10,000 for underinsured motorist claims, arising out of that death to an insurer and may
41 execute a release of liability upon presentation of an affidavit, properly notarized, stating that:
42 (a) the person presenting the affidavit is the presumptive personal representative;
43 (b) 45 days have elapsed since the death of the decedent;
44 (c) no application or petition for the appointment of a personal representative is
45 pending or has been granted in any jurisdiction; and
46 (d) notice of intent to resolve the claim has been sent to the last-known addresses of all
47 heirs as defined by Section 78B-3-102 or 78B-3-105 .
48 (3) The presumptive personal representative may also present and resolve a claim for
49 any applicable benefits payable under personal injury protection coverage, resulting from the
50 death of an insured.
52 of the decedent as defined by Section 78B-3-102 or 78B-3-105 . The personal representative
53 shall have the same duties toward other heirs as those duties provided in Sections 75-3-701
54 through 75-3-720 .
56 a person, including a minor, including but not limited to claims for uninsured or underinsured
57 motorist coverage as provided in Section 31A-22-305 , to a presumptive personal representative
58 upon presentation of an affidavit as described in Subsection (2) are discharged and released to
59 the same extent as if the insurer and its insured dealt with a personal representative of the
60 decedent. The insurer and its insured are not required to inquire into the truth of any statement
61 in the affidavit.
63 only, any claim for first party benefits or a proceeding to establish the liability of a tort feasor
64 insured under any policy of insurance in addition to the policy under which the claim was
65 presented and paid under Subsection (2).
67 distribute more than 50% of the proceeds of the settlement until the distribution has been
68 approved by a court approved settlement in which a conservator is appointed for any minor
Legislative Review Note
as of 1-12-09 10:57 AM