31A-21-312 - Notice and proof of loss.
31A-21-312. Notice and proof of loss.
(1) Every insurance policy shall provide that:
(a) when notice of loss is required separately from proof of loss, notice given by or onbehalf of the insured to any authorized agent of the insurer within this state, with particularssufficient to identify the policy, is notice to the insurer; and
(b) failure to give any notice or file any proof of loss required by the policy within thetime specified in the policy does not invalidate a claim made by the insured, if the insured showsthat it was not reasonably possible to give the notice or file the proof of loss within the prescribedtime and that notice was given or proof of loss filed as soon as reasonably possible.
(2) Failure to give notice or file proof of loss as required by Subsection (1)(b) does notbar recovery under the policy if the insurer fails to show it was prejudiced by the failure. Thissubsection may not be construed to extend the statute of limitations applicable under Section31A-21-313.
(3) The insurer shall, on request, promptly furnish an insured any forms or instructionsneeded to make a proof of loss.
(4) As an alternative to giving notice directly under Subsection (1)(a), it is a sufficientservice of notice or of proof of loss if a first class postage prepaid envelope addressed to theinsurer and containing the proper notice or proof of loss is deposited in any United States postoffice within the time prescribed.
(5) The commissioner shall adopt rules dealing with notice of loss and proof of loss timelimitations under insurance policies. Under Section 31A-21-202, the commissioner's expressapproval must be received before any contract clause requiring notice of loss or proof of loss in amanner inconsistent with the rule may be used in an insurance contract.
(6) The acknowledgment by the insurer of the receipt of notice, the furnishing of formsfor filing proofs of loss, the acceptance of those proofs, or the investigation of any claim are notalone sufficient to waive any of the rights of the insurer in defense of any claim arising under theinsurance policy.
Amended by Chapter 204, 1986 General Session