2007 Utah Legislative Developments
Strong & Hanni played an active role in researching and drafting proposed legislation, as well as lobbying and testifying before the Utah Legislature on various tort reform measures during the 2007 legislative session. Earlier in 2006, Strong & Hanni was hired to perform lobbying on behalf of the State Farm Companies in the State of Utah. Strong & Hanni’s attorneys were frequently called upon to push tort reform issues and to stem the tide of plaintiffs’ legislation meant to change Utah’s conservative litigation climate.
As part of Strong & Hanni’s involvement in the legislature the following bills were enacted:
1. HB 44: Amendments to Utah Code Ann.§ 31A-22-321 (Third Party Bl
Arbitration)
The amendment to the existing arbitration statute:
• provides that a person may elect to submit a third party motor vehicle accident bodily injury claim to arbitration by filing a notice to submit the claim to arbitration within 14 days after the complaint has been answered;
• clarifies that an arbitration award is limited to $25,000 in addition to any available personal injury protection benefits and any claim for property damage;
• provides that a claim for property damage may not be made in such arbitration proceedings unless agreed upon by the parties in writing;
• provides a procedure for a person to rescind an election to arbitrate and provides that a person who rescinds an election may not elect to arbitrate again;
• provides for discovery to be conducted in accordance with the Utah Rules of Civil Procedure and that all discovery is to be completed within 150 days of the election to arbitrate;
• provides for the procedures for selecting arbiter(s) within 90 days of the election to arbitrate; and
• makes other technical changes.
2. SB 113: Amendment to Utah Code Ann. § 31A-22-321 (Savings Statute)
Utah appellate courts had previously interpreted the Utah Savings Statute to allow multiple uses of the savings Statute to revive time-barred claims. The amendment clarifies the legislature’s intent that the savings Statute may be invoked only once by a Plaintiff once a case has been dismissed other than on the merits of the claim.
Efforts to bring about additional tort reform measures, including the lowering of the bodily injury statute of limitations from four years to three years, clarifying that the Utah Comparative fault statute allows for comparisons of fault even among intentional tortfeasors, passing a primary seat belt law, and others were met with strong opposition by the plaintiffs’ bar and were defeated ion 2007. Strong & Hanni will continue to work with state legislatures and others to see that the tide of plaintiff oriented legislation is defeated and to see that these and additional tort reform measures are brought before the legislature in January 2008.
Written by Stephen J. Trayner
