Title 31A, Title 31A: Insurance Code

31A-15-105. Effect of contracts illegal because insurer was unauthorized. (1) An insurance contract entered into in violation of this chapter is unenforceable by, but enforceable against, the insurer. In an action against the insurer on the contract, the insured is bound by the t…

31A-15-106. Servicing of contracts made out of state. (1) A foreign insurer that does not have a certificate of authority to do business in this state under Sectionmay, in this state, collect premiums and adjust losses and do all other acts reasonably incidental to contracts made…

31A-15-107. Defense of action by unauthorized person. (1) Except under Subsection, no pleading, notice, order, or process in any action in court or in any administrative proceeding before the commissioner instituted against an unauthorized person under Sectionsandmay be filed by …

31A-15-108. Attorney fees. In an action against an unauthorized person upon a contract of insurance issued in violation of this chapter, if the unauthorized person fails to make payment in accordance with the contract for 30 days after the payment is due and demand is made, and i…

31A-15-109. Investigation and disclosure of insurance contracts. Whenever the commissioner has reason to believe that insurance has been effectuated by or for any person in Utah with an unauthorized insurer, the commissioner may, in writing, order the person to produce for examin…

31A-15-110. Reporting of illegal insurance. (1) Every person investigating or adjusting any loss or claim on a subject of insurance in this state shall immediately report to the commissioner every insurance policy or contract connected with the investigation or settlement, which …

31A-15-111. Surplus lines advisory organizations. (1) Advisory organizations of surplus lines producers may be formed to: facilitate and encourage compliance by its members with the laws of this state and the rules of the commissioner relative to surplus lines insurance; if autho…

31A-15-201. Short title. This part shall be known as the "Risk Retention Groups Act."

31A-15-202. Definitions. As used in this part: (1) Notwithstanding Section, "commissioner" means the insurance commissioner of Utah or the commissioner, director, or superintendent of insurance in another state. 31A-1-301 (2) Subject to Subsection, "completed operations liability…

31A-15-203. Risk retention groups chartered in this state. (1) As used in this section: "Board of directors" or "board" means the governing body of the risk retention group elected by the shareholders or members to establish policy, elect or appoint officers and committees, and m…

31A-15-204. Risk retention groups not chartered in this state -- Designation of commissioner as agent -- Compliance with unfair claims settlement practices act -- Deceptive, false, or fraudulent practices -- Examination regarding financial condition -- Prohibitions -- Penalties -…

31A-15-205. Guaranty associations. (1) A risk retention group may not be required to join or contribute financially to the Insurance Guaranty Fund created under, nor may any risk retention group, or its insureds or claimants against its insureds, receive any benefit from any such…

31A-15-206.5. Countersignatures not required. A policy of insurance issued to a risk retention group or any member of the risk retention group may not be required to be countersigned.

31A-15-207. Purchasing groups -- Exemption from certain laws. A purchasing group and its insurers are subject to all applicable laws of this state, except that a purchasing group and its insurers are exempt, in regard to liability insurance for the purchasing group, from any law …

31A-15-208. Purchasing groups -- Notice and registration requirements. (1) A purchasing group that intends to do business in this state shall, before doing business, furnish reasonable notice to the insurance commissioner in this state. The notice shall be on forms prescribed by …

31A-15-209. Restrictions on purchasing groups. (1) A purchasing group may not purchase insurance from a risk retention group that is not chartered in a state or from an insurer not admitted in the state in which the purchasing group is located, unless the purchase is effected thr…

31A-15-210. Purchasing group taxation. Premium taxes and taxes on premiums paid for coverage of risks resident or located in this state by a purchasing group or any members of the purchasing groups are imposed and shall be paid as follows: (1) If the insurer is an admitted insure…

31A-15-211. Enforcement authority. (1) The commissioner is authorized to use the powers established for the department under this title to enforce the laws of this state not specifically preempted by the Liability Risk Retention Act of 1986, including the commissioner's administr…

31A-15-212. Duty of producers to obtain license -- Risk retention groups -- Purchasing groups. (1) A person may do the following only if the person is licensed as an insurance producer or is exempt from licensure under: Chapter 23a, Insurance Marketing - Licensing Producers, Cons…

31A-15-213. Effect of orders issued in U.S. District Court. An order issued by any district court of the United States shall be enforceable in the courts of this state to enjoin a risk retention group from soliciting or selling insurance, or operating in any state, in all states,…

31A-15-213.5. Rulemaking. In accordance with, the commissioner may make and from time to time amend rules relating to risk retention groups as may be necessary or desirable to carry out this part.

31A-15-214. Severability. If any provision of this part, or the application of any provision to any person or circumstances, is held invalid, the remainder of this part shall be given effect without the invalid provision or application.