13-50-301. Post-loss assignment of rights or benefits to a residential contractor.

361 words·~2 min read·/ut/title-13/chapter-50/13-50-301

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/12/2020

(1)A post-loss assignment of rights or benefits to a residential contractor under a property and casualty insurance policy insuring a residential building:

(a)may authorize a residential contractor to be named as a copayee for the payment of benefits under a property and casualty insurance policy covering the residential building;

(b)shall include:

(i)an itemized description of the work to be done on the insured residential building; and

(ii)the total amount the insured agreed to pay for the work described in Subsection (1)(b)(i) ;

(c)shall include a statement that the residential contractor has made no assurances that an insurance contract will fully cover the claimed loss;

(d)shall include a notice in substantially the following form and in capitalized 14-point type:

"YOU ARE AGREEING TO GIVE UP CERTAIN RIGHTS YOU HAVE UNDER YOUR INSURANCE POLICY. PLEASE READ AND UNDERSTAND THIS DOCUMENT BEFORE SIGNING.

THE ITEMIZED DESCRIPTION OF THE WORK TO BE DONE SHOWN IN THIS ASSIGNMENT FORM HAS NOT BEEN AGREED TO BY THE INSURER. THE INSURER HAS THE RIGHT TO PAY ONLY FOR THE COST TO REPAIR OR REPLACE DAMAGED PROPERTY CAUSED BY A COVERED PERIL.";

(e)may not impair the interest of a mortgagee listed on the declarations page of the property and casualty insurance policy that is the subject of the assignment; and

(f)may not prevent or inhibit an insurer from communicating with a named insured listed on the declarations page of the property and casualty insurance policy that is the subject of the assignment.

(2)A party receiving the assignment described in Subsection

(1)shall:

(a)deliver the assignment to the insurer of the residential building within five business days after the earlier of the day on which:

(i)the assignment is executed; or

(ii)repair work begins on the residential building; and

(b)cooperate with the insurer of the residential building in an investigation into the claimed loss by:

(i)providing each document and record the insurer requests; and

(ii)complying with each post-loss duty included in the insurance policy.

Enacted by Chapter 88 , 2020 General Session