Utah Legislative Update
The Utah Legislature convenes for its annual 45 day session in mid-January. Stephen Trayner and Andrew Wright of Strong & Hanni once again will serve as lobbyists for State Farm Insurance and the Utah Defense Lawyers Association.
The plaintiff’s bar has been very active and has a variety of proposals for 2008 including:
· Increasing the minimum financial responsibility limits on automobile insurance policies in the state from 25/50/15 to 30/60/15;
· Amending the state’s survival statute to allow for the recovery of general damages by a decedent’s estate even if the decedent dies of causes wholly unrelated to the underlying accident;
· Amending the state’s automobile liability arbitration statute, Utah Code Ann. 31A-22-321, in such a way as to subject carriers to increased risk of bad faith exposure on minimal limits cases; and
· Amending the Utah Comparative Fault Act to reinstitute some elements of joint and several liability.
Strong & Hanni is prepared to fight these pro-plaintiff, anti-Tort Reform measures. In addition, Strong & Hanni has been involved in drafting and lobbying for the following measures:
· Amending the Utah Comparative Fault Act to include intentional torts within the definition of “fault” so as to provide that no negligent party is held financially liabile for the torts or crimes of another person;
· Amending the PIP statutes to clarify that once a carrier has paid its liability limits, no contractual duty to reimburse a PIP carrier exists; and
Summary provided by Stephen J. Trayner· Amending the insurance code to permit the settlement of wrongful death claims where there is only statutorily mandated minimum liability coverage available quickly and efficiently.
