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

Utah Code § 31A-21-313 (2026)

Limitation of actions

✓ current as of May 2026
Find cases: SyfertCases citing this section UT-LEGle.utah.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
A person shall commence an action on a written policy or contract of first party insurance within three years after the inception of the loss except as provided in:
Subsection 31A-22-305(11); and
Subsection 31A-22-307(7).
The inception of the loss on a fidelity bond is the date the insurer first denies all or part of a claim made under the fidelity bond.
Except as provided in Subsection (1) or elsewhere in this title, an action on a written policy or contract for insurance is subject to the law applicable to limitation of actions in Title 78B, Chapter 2, Statutes of Limitations.
An insurance policy may not:
limit the time for beginning an action on the policy to a time less than that authorized by statute;
prescribe in what court an action may be brought on the policy; or
provide that no action may be brought, subject to permissible arbitration provisions in contracts.
Unless by verified complaint it is alleged that prejudice to the complainant will arise from a delay in bringing suit against an insurer, which prejudice is other than the delay itself, an action may not be brought against an insurer on an insurance policy to compel payment under the insurance policy until the earlier of:
60 days after proof of loss has been furnished as required under the policy;
waiver by the insurer of proof of loss; or
the insurer's denial of full payment; or
for an accident and health insurance policy, the insurer's denial of payment.
Under an accident and health insurance policy, an insurer may not require the completion of an appeals process that exceeds the provisions in 29 C.F.R. Sec. 2560.503-1 to bring suit under this Subsection (4).
The period of limitation is tolled during the period in which the parties conduct an appraisal or arbitration procedure prescribed by the insurance policy, by law, or as agreed to by the parties.
Notes of Decisions
Cited in 22 cases (7 in the last 5 years), 1990–2025 · leading case: Crookston v. Fire Ins. Exch., 817 P.2d 789 (Utah 1991).
Sort: Relevance Newest Treatment
Crookston v. Fire Ins. Exch., 817 P.2d 789 (Utah 1991). · cites it 12× “We note that section 31A-21-313, which was enacted in 1986, specifies a three-year limit within which to bring any "action on a written policy or contract of insurance.”
Tucker v. State Farm Mut. Auto. Ins. Co., 2002 UT 54 (Utah 2002). · cites it 10× “Because the complaint was barred by the statute of limitations in section 31A-21-313 of the Utah Code, we affirm.”
Sharon Steel Corp. v. Aetna Cas. & Sur. Co., 931 P.2d 127 (Utah 1997). · cites it 4× “See Utah Code Ann. § 31A-21-313(1) (three years for action on written policy or contract of insurance); id.”
Stone Flood & Fire Restoration, Inc. v. Safeco Ins. Co. of Am., 268 P.3d 170 (Utah 2011). · cites it 9× “§ 31A-21-318(5). 20 The language of this tolling statute is clear.”
Canadian Indem. Co. v. K & T, Inc., 745 F. Supp. 661 (D. Utah 1990). · cites it 11× “Utah Code Ann. § 31A-21-313 makes no mention of circumstances under which the running of the limitations period should be tolled.”
Lang v. Aetna Life Ins., 196 F.3d 1102 (10th Cir. 1999). · cites it 2× “” Utah Code Ann. § 31A-21-313(1) (1999). The other analogous statute provides: “An action may be brought within six years .”
Palmer v. Allstate Ins., 2022 UT App 4 (Utah Ct. App. 2022). · cites it 6× “3(5) in turn instructs that “[t]he inception of the loss under Subsection 31A-21-313(1) for underinsured motorist claims occurs upon the date of the last liability policy payment.”
Hemphill v. Unisys Corp., 855 F. Supp. 1225 (D. Utah 1994). · cites it 2× “Utah Code Ann. § 31A-21-313(1) (1991). Even if the three-year limitation does apply, “an ERISA cause of action does not accrue until a claim of benefits has been made and formally denied.”
Imperial Sav. Ass'n v. Lewis, 730 F. Supp. 1068 (D. Utah 1990). · cites it 4× “” Section 31A-21-313 provides in part that (3) No insurance policy may: (c) provide that no action may be brought, subject to permissible arbitration provisions in contracts. With reference to this provision, there was an even longer time period during which a permissible…”
Chalker v. Raytheon Co., 291 F. App'x 138 (10th Cir. 2008). · cites it 2× “In this case, which was brought in Utah, the most analogous state statute of limitations is Utah’s three-year statute of limitations applicable to written policies or contracts of first party insurance, Utah Code Ann. § 31A-21-313(1). Lang v. Aetna Life Ins.”
Kerry v. Southwire Co. & Affiliates Emp. Benefit Plan, 324 F. Supp. 2d 1225 (D. Utah 2004). · cites it 4× “Utah Code Ann. § 31A-21-313(1) (1999). 7 .”
Island View Residential Treatment Ctr. v. Blue Cross Blue Shield of Massachusetts, Inc., 548 F.3d 24 (1st Cir. 2008). “Here, Utah provides a three year statute of limitations for contract claims, Utah Code Ann. § 31A-21-313 (2008). Appellants invoke the Colorado statute of limitations, Colorado being Stacy and Sarah’s domicile; Colorado also has a three year limit, Colo.”
Show all 22 citing cases →
— Utah Code § 31A-21-313(1) — 11 cases
Sharon Steel Corp. v. Aetna Cas. & Sur. Co., 931 P.2d 127 (Utah 1997). “See Utah Code Ann. § 31A-21-313(1) (three years for action on written policy or contract of insurance); id.”
Canadian Indem. Co. v. K & T, Inc., 745 F. Supp. 661 (D. Utah 1990). “Utah Code Ann. § 31A-21-313 makes no mention of circumstances under which the running of the limitations period should be tolled.”
Lang v. Aetna Life Ins., 196 F.3d 1102 (10th Cir. 1999). “” Utah Code Ann. § 31A-21-313(1) (1999). The other analogous statute provides: “An action may be brought within six years .”
Stone Flood & Fire Restoration, Inc. v. Safeco Ins. Co. of Am., 268 P.3d 170 (Utah 2011). “§ 31A-21-318(5). 20 The language of this tolling statute is clear.”
Hemphill v. Unisys Corp., 855 F. Supp. 1225 (D. Utah 1994). “Utah Code Ann. § 31A-21-313(1) (1991). Even if the three-year limitation does apply, “an ERISA cause of action does not accrue until a claim of benefits has been made and formally denied.”
— Utah Code § 31A-21-313(1)(a) — 4 cases
Palmer v. Allstate Ins., 2022 UT App 4 (Utah Ct. App. 2022). “3(5) in turn instructs that “[t]he inception of the loss under Subsection 31A-21-313(1) for underinsured motorist claims occurs upon the date of the last liability policy payment.”
Frugal Flamingo Quick Stop v. Farm Bureau Mut. Ins. Co., 2018 UT App 41 (Utah Ct. App. 2018).
Davis Fam. Lodging v. State Farm Fire & Cas. Co. (D. Utah 2022).
New York Life Ins. & Annuity Corp. v. Brinkley (D. Utah 2024).
— Utah Code § 31A-21-313(2) — 1 case
Jenkins v. Prime Ins. Co. (D. Utah 2023).
— Utah Code § 31A-21-313(3)(a) — 1 case
Crookston v. Fire Ins. Exch., 817 P.2d 789 (Utah 1991). “We note that section 31A-21-313, which was enacted in 1986, specifies a three-year limit within which to bring any "action on a written policy or contract of insurance.”
— Utah Code § 31A-21-313(3)(b) — 1 case
Prime Prop. & Cas. Ins. v. Allied Trucking of Florida (D. Utah 2021).
— Utah Code § 31A-21-313(3)(c) — 1 case
Imperial Sav. Ass'n v. Lewis, 730 F. Supp. 1068 (D. Utah 1990). “” Section 31A-21-313 provides in part that (3) No insurance policy may: (c) provide that no action may be brought, subject to permissible arbitration provisions in contracts. With reference to this provision, there was an even longer time period during which a permissible…”
— Utah Code § 31A-21-313(4)(a) — 1 case
Stone Flood & Fire Restoration, Inc. v. Safeco Ins. Co. of Am., 268 P.3d 170 (Utah 2011). “§ 31A-21-318(5). 20 The language of this tolling statute is clear.”
— Utah Code § 31A-21-313(4)(c) — 1 case
Park v. First Am. Title Ins. (10th Cir. 2018).
— Utah Code § 31A-21-313(5) — 2 cases
Tucker v. State Farm Mut. Auto. Ins. Co., 2002 UT 54 (Utah 2002). “Because the complaint was barred by the statute of limitations in section 31A-21-313 of the Utah Code, we affirm.”
Stone Flood & Fire Restoration, Inc. v. Safeco Ins. Co. of Am., 268 P.3d 170 (Utah 2011). “§ 31A-21-318(5). 20 The language of this tolling statute is clear.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.