Jen Silver owns a roofing business and is a business educator to restoration contractors and roofers. She asked whether Utah follows the efficient proximate causation rule for insurance policy interpretation after reading yesterday’s post, Mathew “One T” Mulholland Does a Great Job Educating Georgia Public Adjusters on Georgia’s Efficient Proximate Cause Doctrine and How It Applies to the Wear and Tear Exclusion. Silver lives in Utah when not crossing the country providing educational seminars.

Continue Reading Does Utah Follow the Efficient Proximate Causation Rule for Insurance Policy Interpretation?

Over the past several days, I have provided a brief study of Utah appraisal law. For appraisers and umpires, it is important to read the policy language regarding the appraisal process and policy terms regarding valuation. Then, the panel must thoroughly understand the state laws and regulations impacting the policy language regarding appraisal and valuation.  State law varies on these issues and is constantly changing. Appraisers and umpires have to keep up. 

Continue Reading Appraisal Is Not Governed Under Arbitration Rules in Utah

The Insurance Appraisal and Umpire Association (IAUA) held its first-ever meeting in Utah yesterday, as noted in Chip Merlin In BadgerLand. Utah was admitted as a state on January 4, 1896. Five years before that, and as a Territory of the United States, the Utah Supreme Court recognized appraisal as a valid method for resolving a property insurance dispute.1 

Continue Reading Utah Appraisal Law—The Best Place to Start Is at the Beginning

The National Association of Insurance Commissioners (NAIC) drafted a model law named the “Unfair Claims Settlement Practices Act.” These standards include fair and rapid settlement of claims as well as the procedures and practices constituting unfair claim adjustment practices. Section 9 of the Model Act outlines language pertaining to the replacement of undamaged items when the damaged items cannot be replaced in a way that achieves a reasonably uninform appearance.
Continue Reading Matching Considerations in Utah

The Utah Insurance Department has one of the easiest and friendliest websites encountered. If you, as a policyholder, have a grievance against your insurance company and are thinking of calling to complain or actually filing a complaint, the Utah Insurance Department’s opening statement online will immediately put you at ease:
Continue Reading How To File A Complaint With The Utah Insurance Department About Your Delaying, Denying And Bad Treating Insurance Company