Filing Notice of Trial de Novo Required by UCA 31A-22-321

THE GREAT SEAL OF THE STATE OF UTAH 1896 State of Utah GARY R. HERBERT Governor SPENCER COX Lieutenant Governor Insurance Department TODD E. KISER Insurance Commissioner # Bulletin 2015-7 To: All Motor Vehicle Insurers From: Todd E. Kiser, Utah Insurance Commissioner Date: May 5, 2015 Subject: Filing Notice of Trial de Novo Required by U.C.A. §31A-22-321 The purpose of this Bulletin is to provide guidance on how to file the trial de novo notice required in SB 180 (2015). SB 180 amended Utah Code Annotated (U.C.A.) §31A-22-321 by adding new subsection (20) which states: “[i]f a party requests a trial de novo under Subsection (11), the party shall file a copy of the notice requesting a trial de novo with the commissioner notifying the commissioner of the party’s request for a trial de novo under Subsection (11).” Insurers must file ALL notices of requests for trial de novo with the commissioner via email at prop-cas@utah.gov. Insurers are required to file all notices of request for trial de novo regardless of whether the plaintiff or defendant filed the notice with the court. Additionally, pursuant to U.C.A. 31A-2-202, insurers writing motor vehicle coverage in Utah must provide the following information when filing a copy of a notice requesting a trial de novo: 1) Whether the plaintiff or defendant requested the trial de novo; and 2) The name of the insurance company that insures the party that requested the trial de novo, if known. If an insurer does not include the additional information specified in this Bulletin, the Department will pursue obtaining the information with the parties listed in the notice. Please contact Tracy Klausmeier at 801-538-3869 if you have any questions. DATED this 5th day of May, 2015 Todd E. Kiser Insurance Commissioner Please note: Agency hours are 8am-5pm, Monday-Friday. State Office Building Suite 3110, Salt Lake City, UT 84114-6901 • (801) 538-3800 • Facsimile (801) 538-3829 • www.insurance.utah.gov