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Underinsured motorist amendment fails after extensive House debate over insurer recovery and consumer impact

Utah House of Representatives · March 11, 2009
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Summary

After a heated floor debate, the House recorded 34–38 on Senate Bill 172 (underinsured motorist coverage amendments), which would have limited subrogation rights of underinsured carriers; supporters argued it speeds payment to injured insureds while opponents warned of premium and market impacts.

The House considered Senate Bill 172 on March 10 and rejected the measure after prolonged debate on the floor. Representative Falk, who moved to uncircle the bill, described a change removing the underinsured carrier's ability to pursue subrogation against the negligent party for policies issued after June 30. Supporters argued the change would prevent insurers from delaying payment to injured insureds; opponents, including Representatives Ota and Skubski, warned it is a substantial policy shift that could increase premiums or produce "stacking" of damages.

Representative Ota said the measure "changes policy substantially" and warned of practical problems if insurers cannot recover. Representative King, speaking for proponents, said the bill is consumer‑friendly by preventing underinsured carriers from holding up money that otherwise would go promptly to injured insureds. Representative Skubski and others countered that insurers have a five‑day window to decide whether to pursue subrogation and that removing recovery rights can raise pool costs and premiums.

The House closed voting and the tally announced on the floor was "Senate Bill 172... having received 34 yes votes, 38 no votes, failed to pass this body," and the bill was not advanced from the House.