All Roll Calls
Yes: 126 • No: 0
UtahH.B. 3072026 General SessionHouseWALLET
Attorney Fees Amendments
Sponsored By: Anthony E. Loubet (Republican)
Signed by Governor
AttorneysJudicial AdministrationJudicial OperationsCivil Litigation
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Bill Overview
Analyzed Economic Effects
9 provisions identified: 2 benefits, 1 costs, 6 mixed.
Dog-bite arbitration: $50K cap, insurance only
Beginning May 6, 2026, you can choose arbitration for a dog‑attack injury claim. If you do, the award (not counting medical-premise benefits and property damage) is capped at $50,000. You cannot seek punitive damages in arbitration or later. By choosing arbitration, you also give up any recovery from the dog owner’s personal assets and can only collect up to available insurance limits.
New rules and deadlines for uninsured motorist claims
The law sets clear steps for uninsured motorist claims. You can choose binding arbitration or go to court, but after you sue you cannot switch to arbitration without the insurer’s written okay. Within 30 days, you must give the insurer a written demand, a sworn list of providers and insurers, and signed releases; the insurer has up to 60 days to respond and tender money. Tenders are reduced for Medicare, Medicaid, or CHIP liens; you may accept a partial tender and keep the case going, and you must accept a tender equal to your UM policy limit. If the final award is higher than the average of your first demand and the insurer’s first response, the insurer pays the award and certain costs, but not more than policy limits plus $15,000. If you ask for a new trial and do not beat the award by at least $5,000 and 20%, you may owe the other side’s costs (capped at $2,500); an insurer that asks for a new trial owes costs unless it cuts the result by at least 20%. The law defines when a vehicle counts as uninsured (no coverage, too-low limits, hit-and-run, coverage disputes over 60 days, or insurer insolvency), who is covered (the named insured, household relatives, and, for claims on or after May 13, 2014, dependent minor children), and sets a four‑year deadline to sue. For no‑contact hit‑and‑run claims, you must prove the other vehicle by clear and convincing evidence beyond your own testimony. Transporters for pay and school districts must carry at least $25,000 per person and $500,000 per accident in UM; self‑insured entities may set a lower UM level by a written CFO or risk‑officer memo. Insurers must send a notice when you add a vehicle if you had rejected UM or set UM below your liability limits. Arbitration awards are final unless procured by fraud and you file for a new trial within 20 days; abusive trial requests can trigger attorney fees, and you must also file your trial notice with the insurance commissioner. A single arbitrator is default, with fee‑splitting rules. These UM disclosure rules apply to accidents on or after March 30, 2010. The act takes effect May 6, 2026.
Uninsured motorist claims: caps and costs
Beginning May 6, 2026, arbitration awards in UM cases cannot exceed the combined UM policy limits; higher awards are reduced to those limits. Arbitrators cannot decide coverage or extra‑contract claims and cannot run class cases. Arbitrator cost awards are capped at $5,000, and awards must include court costs and both pre‑ and postjudgment interest. If a defendant asks for a new trial and does not beat the arbitration award by at least 30%, the defendant must pay the other side’s costs, including expert fees and interest. At trial after arbitration, if the defendant asked for trial, the award cannot be more than $15,000 above the per‑person limit; if the plaintiff asked, the cap is $75,000 or the per‑person limit, whichever is less. Courts cannot count damages at trial that were not disclosed before arbitration when comparing the verdict to the arbitration award.
Home lien penalties and small-claim arbitration
Beginning May 6, 2026, it is a class B misdemeanor to knowingly record a residential lien for more than is owed to cloud title or get an unfair advantage. Owners, original contractors, or subs can sue and recover twice the excess amount or their actual damages, whichever is larger. If both sides agree and the residential claim is $50,000 or less, the case follows the law’s arbitration process. Arbitration awards earn postjudgment interest. If a party asks for a trial after arbitration, the court allows 90 more days of discovery and either side may request a jury. At trial, if the defendant asked for trial, the verdict cannot be more than insurance limits plus $15,000 and never above $65,000; if the plaintiff asked, the cap is $50,000. Courts do not count damages that were not disclosed before arbitration when comparing the trial verdict to the arbitration award.
Arbitration track for dog-attack injury claims
If a dog injures you, you can elect binding arbitration after you file the lawsuit and within 14 days after the answer. You can rescind that choice once within 90 days, and at least 30 days before any hearing. Discovery follows court rules and must finish within 150 days unless you agree or the court orders more. One arbitrator is default; if you cannot agree, a three‑arbitrator panel is used. Each side splits arbitrator fees as set by the law. Arbitration follows Utah’s arbitration, civil procedure, and evidence rules. The award is final unless either party asks for a full trial within 20 days; if that happens, you get 90 more days of discovery. Awards earn postjudgment interest until paid. If you ask for a new trial and do not improve the result by at least $5,000 and 30%, you may have to pay the other side’s costs up to $6,000; a defendant must cut the result by at least 30% or may owe up to $6,000. Courts may also award attorney fees if the trial request was meant to harass or delay.
Uninsured motorist coverage rules and limits
For new auto policies, your uninsured motorist (UM) limit equals the smaller of your liability limit or the insurer’s max, unless you sign to buy less. Insurers cannot sell UM below the state minimum. UM does not pay for amounts covered by workers’ compensation, and workers’ comp cannot take your UM recovery; a health insurer can be repaid only after you are made whole. You cannot get UM if you were committing DUI, knew the driver was impaired, or were committing a felony. People under 18 can still get medical and funeral costs, and police injured on duty can recover. You also cannot stack UM limits from more than one vehicle to increase a payout.
Faster process for small home lien fights
For residential lien disputes of $50,000 or less, a written arbitration decision is final unless a party asks for a new trial within 20 days. Discovery in arbitration follows court rules but is limited to tier 1 unless you agree or a court orders more. If a party requests a new trial, both sides get 60 more days for discovery. If the moving party does not improve the result enough, the court can shift the other side’s costs to the moving party. One rule uses a 10% threshold; another uses a $5,000 and 30% test with a $6,000 cap. Courts may also award attorney fees if a trial request was filed to harass or delay. These changes take effect May 6, 2026.
Courts can limit fees for low-income people
If you file an affidavit of indigency, the court may limit or deny fee awards against you. The court can also limit fees if it states a reason on the record. This protects low‑income parties in cases with fee‑shifting. This change applies starting May 6, 2026.
Attorney fees for frivolous lawsuits
Beginning May 6, 2026, courts award reasonable attorney fees to the winning party if the other side’s case is frivolous or meant to harass, delay, or raise costs. Courts also award fees to a party who had to defend a frivolous motion. Existing exceptions still apply.
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Sponsors & Cosponsors
Sponsor
Anthony E. Loubet
Republican • House
Cosponsors
Brady Brammer
Republican • Senate
Roll Call Votes
Senate vote • 3/2/2026
Senate/ passed 3rd reading
Yes: 27 • No: 0
House vote • 2/24/2026
Senate Comm - Consent Calendar Recommendation
Yes: 6 • No: 0
House vote • 2/24/2026
Senate Comm - Favorable Recommendation
Yes: 6 • No: 0
House vote • 2/17/2026
House/ passed 3rd reading
Yes: 71 • No: 0
House vote • 2/5/2026
House Comm - Favorable Recommendation
Yes: 8 • No: 0
House vote • 2/5/2026
House Comm - Substitute Recommendation
Yes: 8 • No: 0
Actions Timeline
Governor Signed
3/23/2026House/ to Governor
3/12/2026HouseHouse/ received enrolled bill from Printing
3/12/2026HouseHouse/ enrolled bill to Printing
3/11/2026HouseEnrolled Bill Returned to House or Senate
3/11/2026Draft of Enrolled Bill Prepared
3/4/2026Bill Received from House for Enrolling
3/4/2026House/ signed by Speaker/ sent for enrolling
3/2/2026HouseHouse/ received from Senate
3/2/2026HouseSenate/ to House
3/2/2026SenateSenate/ signed by President/ returned to House
3/2/2026SenateSenate/ passed 3rd reading
3/2/2026SenateSenate/ 3rd reading
3/2/2026SenateSenate/ 2nd reading
2/25/2026SenateSenate/ comm rpt/ placed on Consent Calendar
2/25/2026SenateSenate Comm - Consent Calendar Recommendation
2/24/2026Senate Comm - Favorable Recommendation
2/24/2026Senate/ to standing committee
2/19/2026SenateSenate/ 1st reading (Introduced)
2/18/2026SenateSenate/ received from House
2/17/2026SenateHouse/ to Senate
2/17/2026HouseHouse/ passed 3rd reading
2/17/2026HouseHouse/ 3rd reading
2/17/2026HouseHouse/ 2nd reading
2/6/2026HouseHouse/ comm rpt/ substituted
2/6/2026House
Bill Text
Enrolled
3/11/2026
Substitute #1
2/5/2026
Introduced
1/21/2026
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