Section R590-122-4 - Rule(1) Compulsory non-binding arbitration is contrary to the public interest and is not a permissible arbitration provision.(2) Optional binding arbitration at the exclusive election of an insured party is a permissible arbitration provision, in which case the disclosure provisions in Subsection (5) may not apply.(3) Compulsory and optional binding arbitration at the election of either the insured or the insurer are permissible arbitration provisions.(4)(a) A policy form containing an optional binding arbitration provision for the exclusive election of an insurer will be disapproved under Subsection 31A-21-201(3), and these provisions in any previously approved form are declared not enforceable.(b) A policy form described in Subsection (4)(a) will be construed and applied as if in compliance with the Insurance Code, as permitted under Section 31A-21-107.(5) Except as excluded in Subsection (2), each application or binder pertaining to an insurance policy that contains a permissible arbitration provision must include or have attached a prominent statement substantially as follows: ANY MATTER IN DISPUTE BETWEEN YOU AND THE COMPANY MAY BE SUBJECT TO ARBITRATION AS AN ALTERNATIVE TO COURT ACTION PURSUANT TO THE RULES OF (THE AMERICAN ARBITRATION ASSOCIATION OR OTHER RECOGNIZED ARBITRATOR), A COPY OF WHICH IS AVAILABLE ON REQUEST FROM THE COMPANY. ANY DECISION REACHED BY ARBITRATION SHALL BE BINDING UPON BOTH YOU AND THE COMPANY. THE ARBITRATION AWARD MAY INCLUDE ATTORNEY'S FEES IF ALLOWED BY STATE LAW AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF PROPER JURISDICTION.
This statement must be disclosed prior to the execution of the insurance contract between the insurer and the policy holder and, in the case of group insurance, shall be contained in the certificate of insurance or other disclosure of benefits.
(6) No compulsory binding arbitration provision or optional binding arbitration provision may be construed to preclude any dispute resolution by any small claims court having jurisdiction.(7) Any arbitration provision contained in an insurance policy shall comply with Title 78B, Chapter 11, Utah Uniform Arbitration Act.(8) No agreement for arbitration may obligate an insured to pay more than 50% of the advance payments required to begin the arbitration process.(9) No arbitration provision may require that arbitration be held at a place further from the residence of the insured than the nearest location of a State Court of General Jurisdiction.Utah Admin. Code R590-122-4
Amended by Utah State Bulletin Number 2021-23, effective 11/22/2021