In an unpublished ruling, Judge Benson found that failure to both file and serve a complaint for a de novo trial of a UIM/UM arbitration award within 20 days of the award bars the de novo review, and makes it subject to a Rule 12(b)(6) motion to dismiss.  In this case, the claimant filed the complaint for a de novo trial within 20 days of the arbitration award as mandated by the statute, but did not serve the UM/UIM insurer until approximately 50 days after award.  The complaint was dismissed on a 12(b)(6) motion.

Wells v. Hartford Ins. Co. of the Midwest, 2013 WL 5962961 (D. Utah Nov. 7, 2013)

Submitted by Rick Vazquez