Recent Changes to Arbitration Provisions in Utah Uninsured and Underinsured Motorist Statutes

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One thing both plaintiff’s attorneys and defense attorneys can agree upon is that all drivers should get ample and significant Uninsured Motorist (UM) and Underinsured Motorist (UIM) insurance coverage. These insurance provisions add extra layers of protection for parties injured in automobile accidents, and can help ensure that the injured party is more fully compensated for their injuries.

In recent years, as the court system has become increasingly backlogged, the Utah Legislature has turned to alternative dispute resolution (ADR) procedures to resolve disputes. In 2010 and again in 2011, the legislature made significant changes to U.C.A. §§ 31A-22-305 and 31A-22-305.3, the sections dealing with arbitration procedures in UM and UIM claims. These new provisions outline the procedures that both the plaintiff and the UM or UIM carrier must follow in both arbitration and litigation.

This article outlines the existing UM and UIM arbitrations prior to the 2010 changes. It then examines the 2010 changes in greater detail.

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