Lancer Ins. Co. v. Lake Shore Motor Coach Lines, Inc. 2017 UT 8 (Feb. 15, 2017)
Feb 15, 2017
Utah Code § 31A-22-303(1), which requires motor vehicle liability insurance policies to cover damages or injuries to third parties resulting from a driver’s unforeseeable loss of consciousness while driving, overrides the common law “sudden incapacity” defense and imposes strict liability in circumstances where a driver suddenly and unforeseeably becomes incapacitated. The driver’s liability under these circumstances is capped by the limits set forth in the applicable insurance policy.