No. 38416 (5-year Review): Rule R590-190. Unfair Property, Liability and Title Claims Settlement Practices Rule

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 [e-mail]

Effective:

04/07/2014

Authorized by:

Todd Kiser, Commissioner

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