31A-21-307 - Other insurance. - Utah Statutes

31A-21-307. Other insurance.
(1) When two or more policies promise to indemnify an insured against the same losswithout intending cumulative coverage, no "other insurance" provisions of the policies mayreduce the aggregate protection of the insured below the lesser of the actual insured loss sufferedby the insured and the maximum indemnification promised by any policy without regard to any"other insurance" provision.
(2) Subject to Subsection (1), the policies may by their terms define the extent to whicheach insurance is primary and each is excess, but if the "other insurance" terms of the policies areinconsistent, there is joint and several liability to the insured on any coverage which overlaps andwhich has inconsistent terms. Subsequent settlement among the insurers does not alter any rightsof the insured. The commissioner may adopt rules consistent with this section concerning "otherinsurance."
(3) This section does not apply to accident and health insurance policies. Refer toSection 31A-22-619 for the coordination of accident and health benefits.

Amended by Chapter 116, 2001 General Session