This document includes House Floor Amendments incorporated into the bill on Thu, Mar 12, 2020 at 4:11 PM by naomigarrow.
Representative James A. Dunnigan proposes the following substitute bill:


1     
INSURANCE RENEWAL AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jacob L. Anderegg

5     
House Sponsor: James A. Dunnigan

6     

7     LONG TITLE
8     General Description:
9          This bill amends the Insurance Code regarding the cancellation of insurance policies.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends provisions regarding cancellation of a commercial lines insurance policy for
13     nonpayment of premium; and
14          ▸     makes technical and conforming changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          This bill provides a special effective date.
19     Utah Code Sections Affected:
20     AMENDS:
21          31A-21-303, as last amended by Laws of Utah 2015, Chapter 385
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 31A-21-303 is amended to read:
25          31A-21-303. Cancellation, issuance, renewal.
26          (1) (a) Except as otherwise provided in this section, other statutes, or by rule under
27     Subsection (1)(c), this section applies to all policies of insurance:
28          (i) except for:
29          (A) life insurance;
30          (B) accident and health insurance; and
31          (C) annuities; and
32          (ii) if the policies of insurance are issued on forms that are subject to filing under
33     Subsection 31A-21-201(1).
34          (b) A policy may provide terms more favorable to insureds than this section requires.
35          (c) The commissioner may by rule totally or partially exempt from this section classes
36     of insurance policies in which the insureds do not need protection against arbitrary or
37     unannounced termination.
38          (d) The rights provided by this section are in addition to and do not prejudice any other
39     rights the insureds may have at common law or under other statutes.
40          (2) (a) As used in this Subsection (2), "grounds" means:
41          (i) material misrepresentation;
42          (ii) substantial change in the risk assumed, unless the insurer should reasonably have
43     foreseen the change or contemplated the risk when entering into the contract;
44          (iii) substantial breaches of contractual duties, conditions, or warranties;
45          (iv) attainment of the age specified as the terminal age for coverage, in which case the
46     insurer may cancel by notice under Subsection (2)(c), accompanied by a tender of proportional
47     return of premium; or
48          (v) in the case of motor vehicle insurance, revocation or suspension of the driver's
49     license of:
50          (A) the named insured; or
51          (B) any other person who customarily drives the motor vehicle.
52          (b) (i) Except as provided in Subsection (2)(e) or unless the conditions of Subsection
53     (2)(b)(ii) Ĥ→ [or (iii)] ←Ĥ are met, an insurance policy may not be canceled by the insurer before
53a     the
54     earlier of:
55          (A) the expiration of the agreed term; or
56          (B) one year from the effective date of the policy or renewal.
57          (ii) Notwithstanding Subsection (2)(b)(i), an insurance policy may be canceled by the
58     insurer for:
59          (A) nonpayment of a premium when due; or
60          (B) on grounds defined in Subsection (2)(a).
61          (c) (i) The cancellation provided by Subsection (2)(b), except cancellation for
62     nonpayment of premium, is effective no sooner than 30 days after the delivery or first-class
63     mailing of a written notice to the policyholder.
64          (ii) Cancellation for nonpayment of premium of a personal lines policy is effective no
65     sooner than 10 days after delivery or [first class] first-class mailing of a written notice to the
66     policyholder.
67          (iii) Cancellation for nonpayment of premium of a commercial lines policy is effective
68     no sooner than 10 days after delivery or first-class mailing of a written notice to:
69          (A) the policyholder;
70          (B) Ĥ→ [each agent of record of the policyholder in accordance with Subsection (2)(c)(iv);
71          (C)] ←Ĥ each assignee of the policyholder, if the assignee is named in the policy; and
72          Ĥ→ [(D)] (C) ←Ĥ each loss payee or mortgagee or lienholder under property insurance of
72a     the
73     policyholder, if the loss payee, mortgagee, or lienholder is named in the policy.
74          (iv) An insurer shall Ĥ→ [provide] deliver or send by first-class mail a copy of ←Ĥ the
74a     notice of cancellation for nonpayment of premium Ĥ→ described in Subsection (2)(c)(iii) ←Ĥ to
75     an agent of record Ĥ→ [as required under Subsection (2)(c)(iii)] of the policyholder ←Ĥ on or
75a     before the day on which the
76     insurer provides the notice to the policyholder.
77          (d) (i) Notice of cancellation for nonpayment of premium shall include a statement of
78     the reason for cancellation.
79          (ii) Subsection (7) applies to the notice required for grounds of cancellation other than
80     nonpayment of premium.
81          (e) (i) Subsections (2)(a) through (d) do not apply to any insurance contract that has not
82     been previously renewed if the contract has been in effect less than 60 days [when] on the day
83     on which the written notice of cancellation is mailed or delivered.
84          (ii) A cancellation under this Subsection (2)(e) may not be effective until at least 10
85     days after the [delivery to the insured of] day on which a written notice of cancellation is
86     delivered to the insured.
87          (iii) If the notice required by this Subsection (2)(e) is sent by first-class mail, postage
88     prepaid, to the insured at the insured's last-known address, delivery is considered accomplished
89     after the passing, since the mailing date, of the mailing time specified in the Utah Rules of
90     Civil Procedure.
91          (iv) A policy cancellation subject to this Subsection (2)(e) is not subject to the
92     procedures described in Subsection (7).
93          (3) A policy may be issued for a term longer than one year or for an indefinite term if
94     the policy includes a clause providing for cancellation by the insurer by giving notice as
95     provided in Subsection (4)(b)(i) 30 days [prior to any] before an anniversary date.
96          (4) (a) Subject to Subsections (2), (3), and (4)(b), a policyholder has a right to have the
97     policy renewed:
98          (i) on the terms then being applied by the insurer to similar risks; and
99          (ii) (A) for an additional period of time equivalent to the expiring term if the agreed
100     term is one year or less; or
101          (B) for one year if the agreed term is longer than one year.
102          (b) Except as provided in Subsections (4)(c) and (5), the right to renewal under
103     Subsection (4)(a) is extinguished if:
104          (i) at least 30 days before the [policy expiration] day on which the policy expires or
105     completes an anniversary [date], the insurer delivers or sends by first-class mail a notice of
106     intention not to renew the policy beyond the agreed expiration or anniversary date [is delivered
107     or sent by first-class mail by the insurer] to the policyholder at the policyholder's last-known
108     address;
109          (ii) not more than 45 nor less than 14 days before the [due date of] day on which the
110     renewal premium is due, the insurer delivers or sends by first-class mail a notice to the
111     policyholder at the policyholder's last-known address, clearly stating:
112          (A) the renewal premium;
113          (B) how the renewal premium may be paid, including the due date for payment of the
114     renewal premium;
115          (C) that failure to pay the renewal premium extinguishes the policyholder's right to
116     renewal; and
117          (D) subject to Subsection (4)(e), that the extinguishment of the right to renew for
118     nonpayment of premium is effective no sooner than at least 10 days after delivery or [first
119     class] first-class mailing of a written notice to the policyholder that the policyholder has failed
120     to pay the premium when due;
121          (iii) the policyholder has:
122          (A) accepted replacement coverage; or
123          (B) requested or agreed to nonrenewal; or
124          (iv) the policy is expressly designated as nonrenewable.
125          (c) Unless the conditions of Subsection (4)(b)(iii) or (iv) apply, an insurer may not fail
126     to renew an insurance policy as a result of a telephone call or other inquiry that:
127          (i) references a policy coverage; and
128          (ii) does not result in the insured requesting payment of a claim.
129          (d) Failure to renew under this Subsection (4) is subject to Subsection (5).
130          (e) (i) [During] (A) If the policy is a personal lines policy, during the period that
131     begins when an insurer delivers or sends by first-class mail the notice described in Subsection
132     (4)(b)(ii)(D) [is delivered or mailed] and ends when the premium is paid, coverage exists and
133     premiums are due.
134          (B) If the policy is a commercial lines policy, during the period that begins when an
135     insurer delivers or sends by first-class mail the notice described in Subsection (2)(c)(iii) and
136     ends when the premium is paid, coverage exists and premiums are due.
137          (ii) (A) If after receiving the notice required by Subsection (4)(b)(ii)(D) a personal
138     lines policyholder fails to pay the renewal premium, the coverage is extinguished as of the date
139     the renewal premium is originally due.
140          (B) If after receiving the notice required under Subsection (2)(c)(iii), a commercial
141     lines policyholder fails to pay the renewal premium within the 10 days before the day on which
142     cancellation for nonpayment is effective, the coverage is extinguished as of the day on which
143     the renewal premium is originally due.
144          (iii) Delivery of the notice required by Subsection (2)(c)(iii) Ĥ→ , (2)(c)(iv), ←Ĥ or
144a     (4)(b)(ii)(D) includes
145     electronic delivery in accordance with Section 31A-21-316.
146          (iv) An insurer is not subject to Subsection (4)(b)(ii)(D) if [it]:
147          (A) the insurer provides notice of the extinguishment of the right to renew for failure to
148     pay premium at least 15 days, but no longer than 45 days, before the day on which the renewal
149     payment is due[.]; and
150          (B) the policy is a personal lines policy.
151          (v) Subsection (4)(b)(ii)(D) does not apply to a policy that provides coverage for 30
152     days or less.
153          (5) Notwithstanding Subsection (4), an insurer may not fail to renew the following
154     personal lines insurance policies solely on the basis of:
155          (a) in the case of a motor vehicle insurance policy:
156          (i) a claim from the insured that:
157          (A) results from an accident in which:
158          (I) the insured is not at fault; and
159          (II) the driver of the motor vehicle that is covered by the motor vehicle insurance
160     policy is 21 years of age or older; and
161          (B) is the only claim meeting the condition of Subsection (5)(a)(i)(A) within a
162     36-month period;
163          (ii) a single traffic violation by an insured that:
164          (A) is a violation of a speed limit under Title 41, Chapter 6a, Traffic Code;
165          (B) is not in excess of 10 miles per hour over the speed limit;
166          (C) is not a traffic violation under:
167          (I) Section 41-6a-601;
168          (II) Section 41-6a-604; or
169          (III) Section 41-6a-605;
170          (D) is not a violation by an insured driver who is younger than 21 years of age; and
171          (E) is the only violation meeting the conditions of Subsections (5)(a)(ii)(A) through
172     (D) within a 36-month period; or
173          (iii) a claim for damage that:
174          (A) results solely from:
175          (I) wind;
176          (II) hail;
177          (III) lightning; or
178          (IV) an earthquake;
179          (B) is not preventable by the exercise of reasonable care; and
180          (C) is the only claim meeting the conditions of Subsections (5)(a)(iii)(A) and (B)
181     within a 36-month period; and
182          (b) in the case of a homeowner's insurance policy, a claim by the insured that is for
183     damage that:
184          (i) results solely from:
185          (A) wind;
186          (B) hail; or
187          (C) lightning;
188          (ii) is not preventable by the exercise of reasonable care; and
189          (iii) is the only claim meeting the conditions of Subsections (5)(b)(i) and (ii) within a
190     36-month period.
191          (6) (a) (i) Subject to Subsection (6)(b), if the insurer offers or purports to renew the
192     policy, but on less favorable terms or at higher rates, the new terms or rates take effect on the
193     renewal date if the insurer delivered or sent by first-class mail to the policyholder notice of the
194     new terms or rates at least 30 days [prior to the expiration date of the prior policy] before the
195     day on which the previous policy expires.
196          (ii) If the insurer did not give the prior notification described in Subsection (6) (a)(i) to
197     the policyholder, the new terms or rates do not take effect until 30 days after the day on which
198     the insurer delivers or sends by first-class mail the notice [is delivered or sent by first-class
199     mail], in which case the policyholder may elect to cancel the renewal policy at any time during
200     the 30-day period.
201          (iii) Return premiums or additional premium charges shall be calculated
202     proportionately on the basis that the old rates apply.
203          (b) Subsection (6)(a) does not apply if the only change in terms that is adverse to the
204     policyholder is:
205          (i) a rate increase generally applicable to the class of business to which the policy
206     belongs;
207          (ii) a rate increase resulting from a classification change based on the altered nature or
208     extent of the risk insured against; or
209          (iii) a policy form change made to make the form consistent with Utah law.
210          (7) (a) If a notice of cancellation or nonrenewal under Subsection (2)(c) does not state
211     with reasonable precision the facts on which the insurer's decision is based, the insurer shall
212     send by first-class mail or deliver that information within 10 working days after receipt of a
213     written request by the policyholder.
214          (b) A notice under Subsection (2)(c) is not effective unless it contains information
215     about the policyholder's right to make the request.
216          (8) (a) An insurer that gives a notice of nonrenewal or cancellation of insurance on a
217     motor vehicle insurance policy issued in accordance with the requirements of Chapter 22, Part
218     3, Motor Vehicle Insurance, for nonpayment of a premium shall provide notice of nonrenewal
219     or cancellation to a lienholder if the insurer has been provided the name and mailing address of
220     the lienholder.
221          (b) [The] An insurer shall provide the notice described in Subsection (8)(a) [shall be
222     provided] to the lienholder by [first class] first-class mail or, if agreed by the parties, any
223     electronic means of communication.
224          (c) A lienholder shall provide a current physical address of notification or an electronic
225     address of notification to an insurer that is required to make a notification under Subsection
226     (8)(a).
227          (9) If a risk-sharing plan under Section 31A-2-214 exists for the kind of coverage
228     provided by the insurance being cancelled or nonrenewed, a notice of cancellation or
229     nonrenewal required under Subsection (2)(c) or (4)(b)(i) may not be effective unless [it] the
230     notice contains instructions to the policyholder for applying for insurance through the available
231     risk-sharing plan.
232          (10) There is no liability on the part of, and no cause of action against, any insurer, its
233     authorized representatives, agents, employees, or any other person furnishing to the insurer
234     information relating to the reasons for cancellation or nonrenewal or for any statement made or
235     information given by them in complying or enabling the insurer to comply with this section
236     unless actual malice is proved by clear and convincing evidence.
237          (11) This section does not alter any common law right of contract rescission for
238     material misrepresentation.
239          (12) If a person is required to pay a premium in accordance with this section:
240          (a) the person may make the payment using:
241          (i) the United States Postal Service;
242          (ii) a delivery service the commissioner describes or designates by rule made in
243     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or
244          (iii) electronic means; and
245          (b) the payment is considered to be made:
246          (i) for a payment that is mailed using the method described in Subsection (12)(a)(i), on
247     the date on which the payment is postmarked;
248          (ii) for a payment that is delivered using the method described in Subsection (12)(a)(ii),
249     on the date on which the delivery service records or marks the payment as having been received
250     by the delivery service; or
251          (iii) for a payment that is made using the method described in Subsection (12)(a)(iii),
252     on the date on which the payment is made electronically.
253          Section 2. Effective date.
254          This bill takes effect on July 1, Ĥ→ [2020] 2021 ←Ĥ .