Utah Code » Title 31A, Chapter 22 — Contracts in Specific Lines; part 31A-22-2 — Liability Insurance in General
Utah Code

Utah Code § 31A-22-201 (2026)

Required provisions of liability insurance policies

✓ laws through the 2026 General Session (checked Sept. 2026)
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Every liability insurance policy shall provide that the bankruptcy or insolvency of the insured may not diminish any liability of the insurer to third parties, and that if execution against the insured is returned unsatisfied, an action may be maintained against the insurer to the extent that the liability is covered by the policy.

Enacted by Chapter 242, 1985 General Session

Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 1997–2026 · leading case: Summerhaze Co. v. Fed. Deposit Ins. Corp., 2014 UT 28, 332 P.3d 908.
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Summerhaze Co. v. Fed. Deposit Ins. Corp., 2014 UT 28, 332 P.3d 908. · cites it 6× “Plaintiffs also assert that under Utah Code section 31A-22-201, BancInsure cannot use the *917 insolvency of the Bank as a defense to liability.”
Mullin v. Travelers Indem. Co. of Conn., 541 F.3d 1219 (10th Cir. 2008). “§ 1332 (diversity jurisdiction); Utah Code Ann. § 31A-22-201 (allowing direct action against insurers of bankrupt insureds).”
Rupp v. Duffin (In Re Duffin), 457 B.R. 820 (B.A.P. 10th Cir. 2011). “, Utah Code Ann. §§ 31A-22-201; 16-10a-1430(3)(a); 61-2f-506(5)(e).”
Davis Cnty. v. Progressive Nw. Ins. Co., 2008 UT App 414, 197 P.3d 669. · cites it 8× “See generally Utah Code Ann. § 31A-22-201 ("[If execution against the insured is returned unsatisfied, an action may be maintained against the insurer to the extent that the liability is covered by the policy.”
Barnes, No. 1:25-cv-00068 (D. Utah June 8, 2026). · cites it 8× “30 Utah Code § 31A-22-201. 31 Davis v. Domino’s Pizza, LLC, 8:23-cv-548, 2025 WL 506434 , at *4 (D.”
O'Driscoll Constructors v. EMCASCO Ins., No. 2:19-cv-00699 (D. Utah Sept. 2, 2021). “Baker maintains that he has authority to bring such an action based on EMC’s stipulation to his intervention in this case, EMC’s recognition that he is bound by the court’s rulings in this action, and provisions of Utah law, UTAH CODE §§ 31A-22-201, 78B-6-403(1), which permit…”
Adams v. Gen. Accident, No. 96-4190 (10th Cir. Dec. 30, 1997). “Utah Statutes Utah Code Ann. § 31A-22-201 provides that liability insurance policies must include a provision “that the bankruptcy or insolvency of the insured may not diminish any liability of the insurer to third parties, and that if execution against the insured is returned…”
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