In questions certified by the United States District Court for the District of Utah, the Utah Supreme Court in Lancer Ins. Co. v. Lake Shore Motor Coach Lines, Inc., 2017 UT 8 (Utah Feb. 15, 2017) held that Utah Code Ann. Sec. 31A-22-303(l) required motor vehicle insurers to cover drivers who cause injuries because of sudden incapacitation on a strict liability basis. The High Court found that the statute abrogated the state’s common-law “sudden incapacity” defense in which an incapacitated driver could raise incapacity as an affirmative defense, and injured parties could only recover under a showing of fault. The insurer would only be liable to cover such injuries up to the amount available by the applicable automobile liability policy.
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