(1) As used in this section: (a) "High risk wildland urban interface property" means the same as that term is defined in Section 65A-8-401. (b) "Wildland urban interface" means the same as that term is defined in Section 65A-8-401. (c) "Wildland urban interface property and casualty insurer" means an insurer that issues property or casualty insurance for wildland urban interface property. (2) (a) For purposes of determining whether property is high risk wildland urban interface property, a wildland urban interface property and casualty insurer may only use the boundary provided in the wildfire risk assessment mapping tool maintained by the Division of Forestry, Fire, and State Lands in accordance with Subsection 65A-8-203(8) to determine whether the property is high risk wildland urban interface property. (b) A wildland urban interface property and casualty insurer may use additional fire hazard data, beyond the wildfire risk assessment mapping tool described in Subsection (2)(a), in connection with setting a rate for, or the underwriting of, high risk wildland urban interface property if the wildland urban interface property and casualty insurer's use of additional fire hazard data is in compliance with: (i) the boundary determination made in Subsection (2)(a); and (ii) this title and department rules made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (c) If a property is determined not to be high risk wildland urban interface in accordance with Subsection (2)(a), this Subsection (2) does not apply to the use of fire hazard data in connection with rate setting or underwriting of the property. (d) This Subsection (2) does not restrict the use of data or underwriting tools in determining risks that are unrelated to fire risk. (3) (a) If an owner of property located within the wildland urban interface files a complaint with the department asserting that a wildland urban interface property and casualty insurer has violated, or is violating, this section, the department may investigate the wildland urban interface property and casualty insurer to determine whether a violation has occurred or is occurring. (b) If after an investigation under this Subsection (3) the department finds that a wildland urban interface property and casualty insurer has violated or is violating this section, the department may: (i) issue prohibitory, mandatory, and other orders as necessary to secure compliance with this section; and (ii) impose penalties against the wildland urban interface property and casualty insurer in accordance with Section 31A-2-308. (4) In addition to complying with relevant requirements of Section 31A-21-303, if due to risks of wildfire a wildland urban interface property and casualty insurer: (a) cancels or nonrenews property and casualty insurance covering wildland urban interface property, the wildland urban interface property and casualty insurer shall include in the notice of cancellation or nonrenewal the facts on which the wildland urban interface property and casualty insurer's decision is based with reasonable precision; and (b) increases the premium by more than 20% of the previous term's premium for property and casualty insurance covering wildland urban interface property, after receipt of a request for the information by the insured the wildland urban interface property and casualty insurer shall provide the insured the facts on which the wildland urban interface property and casualty insurer's decision is based with reasonable precision. (5) Subsections (1) through (4) apply on and after January 1, 2026. (6) This section does not: (a) create a cause of action for an act or failure to act under this section against: (i) the state; (ii) the department; (iii) the Division of Forestry, Fire, and State Lands; (iv) an officer, consultant, or employee of the department or Division of Forestry, Fire, and State Lands; (v) a wildland urban interface coordinator, as defined in Section 65A-8-401; or (vi) a county; (b) waive governmental immunity in accordance with Subsection 63G-7-201(5); or (c) create a cause of action against a wildland urban interface property and casualty insurer for use in accordance with Subsection (2)(a) of the boundary provided in the wildfire risk assessment mapping tool maintained by the Division of Forestry, Fire, and State Lands in accordance with Subsection 65A-8-203(8).
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