Utah Code » Title 31A, Chapter 21 — Insurance Contracts in General; part 31A-21-3 — Specific Clauses in Contracts
Utah Code

Utah Code § 31A-21-312 (2026)

Notice and proof of loss

✓ current as of May 2026
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Every insurance policy shall provide that:
when notice of loss is required separately from proof of loss, notice given by or on behalf of the insured to any authorized agent of the insurer within this state, with particulars sufficient to identify the policy, is notice to the insurer; and
failure to give any notice or file any proof of loss required by the policy within the time specified in the policy does not invalidate a claim made by the insured, if the insured shows that it was not reasonably possible to give the notice or file the proof of loss within the prescribed time and that notice was given or proof of loss filed as soon as reasonably possible.
Failure to give notice or file proof of loss as required by Subsection (1)(b) does not bar recovery under the policy if the insurer fails to show it was prejudiced by the failure. This subsection may not be construed to extend the statute of limitations applicable under Section 31A-21-313.
The insurer shall, on request, promptly furnish an insured any forms or instructions needed to make a proof of loss.
As an alternative to giving notice directly under Subsection (1)(a), it is a sufficient service of notice or of proof of loss if a first class postage prepaid envelope addressed to the insurer and containing the proper notice or proof of loss is deposited in any United States post office within the time prescribed.
The commissioner shall adopt rules dealing with notice of loss and proof of loss time limitations under insurance policies. Under Section 31A-21-202, the commissioner's express approval shall be received before any contract clause requiring notice of loss or proof of loss in a manner inconsistent with the rule may be used in an insurance contract.
The acknowledgment by the insurer of the receipt of notice, the furnishing of forms for filing proofs of loss, the acceptance of those proofs, or the investigation of any claim are not alone sufficient to waive any of the rights of the insurer in defense of any claim arising under the insurance policy.
Notes of Decisions
Cited in 9 cases (3 in the last 5 years), 1994–2025 · leading case: Quaker State Minit-Lube, Inc. v. Fireman's Fund Ins., 868 F. Supp. 1278 (D. Utah 1994).
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Quaker State Minit-Lube, Inc. v. Fireman's Fund Ins., 868 F. Supp. 1278 (D. Utah 1994). · cites it 4× “Utah law provides that late notice, if given in reasonable fashion under the circumstances, is effective (Utah Code Ann. § 31A-21-312(1)(b) (1992)), and that even a failure to give notice may not invalidate a claim “if the insurer was not prejudiced by the failure.”
State Farm Mut. Auto. Ins. Co. v. Green, 2003 UT 48 (Utah 2003). · cites it 2× “Utah Code Ann. § 31A-21-312(2) (2001). There is no reason why the rule should be harsher to the insured in the context of a settlement that could affect an insurer’s subrogation rights.”
Mullin v. Travelers Indem. Co. of Conn., 541 F.3d 1219 (10th Cir. 2008). “” Utah Code Ann. § 31A-21-312(2). In our view, whether Travelers was prejudiced by lack of notice from High Mountain could depend on a variety of factors.”
Geneva Rock Prods., Inc. v. QBE Ins. (D. Utah 2025). · cites it 11× “This general rule regarding late notice and prejudice is set forth in Utah Code §31A-21-312, which provides that insurance policies issued in Utah must provide that failure to give notice within the time required does not invalidate coverage unless the insurer can show that it…”
Clements v. State Farm Fire & Cas. Co. (D. Utah 2024). · cites it 8× “43 Utah Code § 31A-21-312(1)(b) provides “failure to give any notice or file any proof of loss required by the policy within the time specified in the policy does not invalidate a claim made by the insured, if the insured shows that it was not reasonably possible to give the…”
Fed. Deposit Ins. v. Oldenburg, 34 F.3d 1529 (10th Cir. 1994). “” Utah Code Ann. § 31A-21-312(2) (1985). While we do not retroactively apply this statute to the case at hand, we believe it supports our decision.”
Educators Mut. Ins. Ass'n v. Evans, 2011 UT App 171 (Utah Ct. App. 2011). · cites it 2× “" Evans relies on Utah Code Ann. § 31A-21-312(2) (2010). That section provides that an insured's failure to give timely notice or proof of loss "does not bar recovery under the policy if the insurer fails to show it was prejudiced by the failure.”
Mountainville Com. v. Auto-Owners Ins. Co. (D. Utah 2025). · cites it 2× “Utah Code § 31A-21-312(2). “The question of prejudice arising from failure to provide timely notice is generally a question of fact.”
8865 North Cove v. Am. Fam. Mut. Ins., 612 F. App'x 492 (10th Cir. 2015). “” Utah Code § 31A-21-312(2). North Cove admits it did not make a formal claim to American Family until April 7, 2011, more than two years after *495 the incident.”
— Utah Code § 31A-21-312(1) — 1 case
Geneva Rock Prods., Inc. v. QBE Ins. (D. Utah 2025). “This general rule regarding late notice and prejudice is set forth in Utah Code §31A-21-312, which provides that insurance policies issued in Utah must provide that failure to give notice within the time required does not invalidate coverage unless the insurer can show that it…”
— Utah Code § 31A-21-312(1)(b) — 3 cases
Quaker State Minit-Lube, Inc. v. Fireman's Fund Ins., 868 F. Supp. 1278 (D. Utah 1994). “Utah law provides that late notice, if given in reasonable fashion under the circumstances, is effective (Utah Code Ann. § 31A-21-312(1)(b) (1992)), and that even a failure to give notice may not invalidate a claim “if the insurer was not prejudiced by the failure.”
Clements v. State Farm Fire & Cas. Co. (D. Utah 2024). “43 Utah Code § 31A-21-312(1)(b) provides “failure to give any notice or file any proof of loss required by the policy within the time specified in the policy does not invalidate a claim made by the insured, if the insured shows that it was not reasonably possible to give the…”
Geneva Rock Prods., Inc. v. QBE Ins. (D. Utah 2025). “This general rule regarding late notice and prejudice is set forth in Utah Code §31A-21-312, which provides that insurance policies issued in Utah must provide that failure to give notice within the time required does not invalidate coverage unless the insurer can show that it…”
— Utah Code § 31A-21-312(2) — 9 cases
State Farm Mut. Auto. Ins. Co. v. Green, 2003 UT 48 (Utah 2003). “Utah Code Ann. § 31A-21-312(2) (2001). There is no reason why the rule should be harsher to the insured in the context of a settlement that could affect an insurer’s subrogation rights.”
Quaker State Minit-Lube, Inc. v. Fireman's Fund Ins., 868 F. Supp. 1278 (D. Utah 1994). “Utah law provides that late notice, if given in reasonable fashion under the circumstances, is effective (Utah Code Ann. § 31A-21-312(1)(b) (1992)), and that even a failure to give notice may not invalidate a claim “if the insurer was not prejudiced by the failure.”
Mullin v. Travelers Indem. Co. of Conn., 541 F.3d 1219 (10th Cir. 2008). “” Utah Code Ann. § 31A-21-312(2). In our view, whether Travelers was prejudiced by lack of notice from High Mountain could depend on a variety of factors.”
Fed. Deposit Ins. v. Oldenburg, 34 F.3d 1529 (10th Cir. 1994). “” Utah Code Ann. § 31A-21-312(2) (1985). While we do not retroactively apply this statute to the case at hand, we believe it supports our decision.”
Clements v. State Farm Fire & Cas. Co. (D. Utah 2024). “43 Utah Code § 31A-21-312(1)(b) provides “failure to give any notice or file any proof of loss required by the policy within the time specified in the policy does not invalidate a claim made by the insured, if the insured shows that it was not reasonably possible to give the…”
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