UTAH CODE (Last Updated: January 16, 2015) |
Title 31A. Insurance Code |
Chapter 21. Insurance Contracts in General |
Part 3. Specific Clauses in Contracts |
§ 31A-21-312. Notice and proof of loss.
Latest version.
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(2) Failure to give notice or file proof of loss as required by Subsection (1)(b) does not bar recovery under the policy if the insurer fails to show it was prejudiced by the failure. This subsection may not be construed to extend the statute of limitations applicable under Section 31A-21-313. (3) The insurer shall, on request, promptly furnish an insured any forms or instructions needed to make a proof of loss. (4) As an alternative to giving notice directly under Subsection (1)(a), it is a sufficient service of notice or of proof of loss if a first class postage prepaid envelope addressed to the insurer and containing the proper notice or proof of loss is deposited in any United States post office within the time prescribed. (5) The commissioner shall adopt rules dealing with notice of loss and proof of loss time limitations under insurance policies. Under Section 31A-21-202, the commissioner's express approval shall be received before any contract clause requiring notice of loss or proof of loss in a manner inconsistent with the rule may be used in an insurance contract. (6) The acknowledgment by the insurer of the receipt of notice, the furnishing of forms for filing proofs of loss, the acceptance of those proofs, or the investigation of any claim are not alone sufficient to waive any of the rights of the insurer in defense of any claim arising under the insurance policy.
Amended by Chapter 297, 2011 General Session