Utah Code

Utah Code § 31A-28-218 (2026)

Stay of proceedings -- Reopening default judgments

✓ current as of May 2026

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Except for specific cases involving covered claims that are subject to waiver by the association, all proceedings in which the insolvent insurer is a party or is obligated to defend a party in any court in this state shall be stayed until the last day fixed by the court for the filing of claims to permit proper defense by the association of all pending causes of action.

For any covered claim arising from a judgment under any decision, order, verdict, or finding based on the default of the insolvent insurer or its failure to defend an insured, the association either on its own behalf or on behalf of the insured:

may apply to have the judgment set aside by the issuing court or administrator; and

shall be permitted to defend against the claim on the merits.

Notes of Decisions

Cited in 1 case, 2008–2008 · leading case: R & R Indus. Park, L.L.C. v. Utah Prop. & Cas. Ins. Guar. Ass'n, 2008 UT 80 (Utah 2008).

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R & R Indus. Park, L.L.C. v. Utah Prop. & Cas. Ins. Guar. Ass'n, 2008 UT 80 (Utah 2008). · cites it 2× “5 38 There are two connected, but separate concepts at play in the offset provision: the exhaustion concept and the nonduplication of recovery concept.”

— Utah Code § 31A-28-218(1)(a) — 1 case

R & R Indus. Park, L.L.C. v. Utah Prop. & Cas. Ins. Guar. Ass'n, 2008 UT 80 (Utah 2008). “5 38 There are two connected, but separate concepts at play in the offset provision: the exhaustion concept and the nonduplication of recovery concept.”

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