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House amends and passes survival-action bill, capping general damages and adding notice provision
Summary
First substitute HB294 was amended to preserve negotiated general and special damages when a claimant dies during settlement negotiations; the House accepted an amendment capping general damages at $100,000 and adding a six-month notice requirement, and passed the bill 40–30.
The House debated and passed first substitute House Bill 294, a change to the survival-action statute that preserves a claim for general and special damages if a claimant dies of an unrelated cause during settlement negotiations. Sponsor Representative Tony McKiff said the bill closes an unfair gap in current Utah law that, in some cases, bars recovery of general damages when a claimant dies before a final settlement or judgment.
During floor debate, Representative Berg offered Amendment No. 1 to cap recoverable general damages at $100,000; the sponsor said he had negotiated the change with insurance industry representatives and supported the amendment. To address concerns about stale claims, the sponsor also included a provision requiring notice within six months of the date of injury if the claimant intends to pursue general damages later, otherwise recovery would be limited to special (out-of-pocket) damages.
Opponents argued the cap could leave seriously injured people undercompensated, but supporters said the cap was necessary to make the bill acceptable to insurers and to secure broader support. After adopting the amendment, the House passed the amended bill with a recorded vote of 40 yes and 30 no; the bill will be transmitted to the Senate.
