Title 31A, Title 31A: Insurance Code

31A-21-105. Representations, warranties, and conditions. (1) No statement, representation, or warranty made by any person representing the insurer in the negotiation for an individual or franchise insurance contract affects the insurer's obligations under the policy unless it is …

31A-21-106. Incorporation by reference. (1) Except as provided in Subsection, an insurance policy may not contain any agreement or incorporate any provision not fully set forth in the policy or in an application or other document attached to and made a part of the policy at the t…

31A-21-107. Contract rights under noncomplying policies. (1) Except as otherwise specifically provided by this title, a policy is enforceable against the insurer according to its terms, even if it exceeds the authority of the insurer. (2) Any insurance policy, rider, or endorseme…

31A-21-108. Subrogation actions. Subrogation actions may be brought by the insurer in the name of its insured.

31A-21-109. Debt cancellation agreements and debt suspension agreements. (1) As used in this section: "Debt cancellation agreement" means a contract between a lender and a borrower where the lender, for a separately stated consideration, agrees to waive all or part of the debt in…

31A-21-110. Prohibition against certain use of Social Security number -- Exceptions -- Applicability of section. (1) As used in this section "publicly display or publicly post" means to intentionally communicate or otherwise make available to the general public. (2) An insurer no…

31A-21-111. Insurers to follow terms of policy. Unless otherwise provided by this title, an insurer shall follow the terms of an insurance policy issued or assumed by the insurer.

31A-21-112. Language other than English. (1) An insurer may conduct a transaction in a language other than English through an employee or agent acting as interpreter or through an interpreter provided by the customer. (2) An insurer may provide a customer an insurance policy, end…

31A-21-201. Filing of forms. (1) Except as exempted under Subsectionsthrough, a form may not be used, sold, or offered for sale until the form is filed with the commissioner. 31A-21-101(2) (6) A form is considered filed with the commissioner when the commissioner receives: the fo…

31A-21-202. Explicit approval required. (1) The following clauses are disapproved unless the commissioner gives them explicit approval: clauses requiring more expeditious notice of loss or proof of loss than is required by Sectionor rules adopted under that section; and 31A-21-31…

31A-21-203. Authorized clauses for insurance forms. (1) The commissioner may not adopt mandatory uniform clauses. However, the commissioner may adopt authorized clauses by rule upon a finding that: price or coverage competition is ineffective because diversity in language or cont…

31A-21-301. Clauses required to be in a prominent position. (1) The following portions of insurance policies shall appear conspicuously in the policy: as required by Subsectionsand: 31A-21-201(3)(a)(iii) (iv) the exact name of the insurer; the state of domicile of the insurer; an…

31A-21-302. Premiums. (1) Subject to Sectionand Subsection, the policy shall clearly state the amount of the total premium or shall explain in detail how it is calculated. Any fee, charge, or other consideration that is not part of the premium shall be disclosed and explained in …

31A-21-303. Cancellation, issuance, and renewal. (1) Except as otherwise provided in this section, other statutes, or by rule under Subsection, this section applies to all policies of insurance: (1)(c) except for: life insurance; accident and health insurance; and annuities; and …

31A-21-304. Special cancellation provisions. Whether or not Sectionis also applicable: (1) Sectionapplies to cancellation on request of a premium finance company; 31A-21-305 (2) Sectionapplies to cancellation upon request of a creditor; and 70C-6-304 (3) Sectionsandapply to the c…

31A-21-305. Cancellation upon request of a premium finance company. (1) As used in this section: "Insurance premium finance company" means a person engaged in the business of entering into premium finance agreements. "Premium finance agreement" means an agreement by which an insu…

31A-21-306. Policies or surety bonds jointly issued. Two or more insurers may together issue a policy or surety bond. Their liability shall be joint and several with respect to the policy or bond. The policy or bond shall state the proportion or amount of premium to be paid to ea…

31A-21-307. Other insurance. (1) When two or more policies promise to indemnify an insured against the same loss without intending cumulative coverage, no "other insurance" provisions of the policies may reduce the aggregate protection of the insured below the lesser of the actua…

31A-21-308. Limitations on loss to be borne by insurer. (1) An insurance policy indemnifying an insured against loss may by clear language limit the part of the loss to be paid by the insurer to a specified or determinable maximum amount, to loss in excess of a specified or deter…

31A-21-309. Nonwaiver clause. An insurer may insert a provision in any insurance policy that no change in the policy is valid unless approved by an executive officer of the insurer, or unless the approval is endorsed on the policy or attached to it, or both, and that no agent has…

31A-21-310. Dividends on policies. (1) Sectionapplies to life insurance and annuities. 31A-22-418 (2) An insurer may distribute a portion of surplus attributable to policies other than life insurance or annuities, in amounts and with classifications the board of directors determi…

31A-21-311. Delivery of policy or certificate. (1) An insurer issuing an individual or group life insurance policy or an accident and health insurance policy shall deliver a copy of the policy to the policyholder as soon as practicable but no later than 90 days after the day on w…

31A-21-312. Notice and proof of loss. (1) Every insurance policy shall provide that: when notice of loss is required separately from proof of loss, notice given by or on behalf of the insured to any authorized agent of the insurer within this state, with particulars sufficient to…

31A-21-313. Limitation of actions. (1) A person shall commence an action on a written policy or contract of first party insurance within three years after the inception of the loss except as provided in: Subsection; and 31A-22-305(11) Subsection. 31A-22-307(7) The inception of th…

31A-21-314. Prohibited provisions. (1) As used in this section: "Reserving discretionary authority" means a policy provision that: has the effect of conferring discretion on an insurer, or other claim administrator, to: determine eligibility for benefits; or interpret the terms o…

31A-21-315. Refund of canceled health insurance premiums and Medicare supplement insurance premiums. (1) As used in this section, "unearned amount of the collected premium" means the amount of the collected premium applicable to the unexpired portion of the time period to which t…

31A-21-316. Electronic notices and documents. (1) As used in this section: "Delivered by electronic means" includes: delivery to an electronic mail address at which a party has consented to receive a notice or document; or posting on an electronic network or site accessible by wa…

31A-21-401. Scope and construction of part. This part applies to all mass marketed life or accident and health insurance, notwithstanding Subsection. This part may not be construed to limit the application of other provisions of this title to insurers effecting mass marketed life…

31A-21-402. Definitions. As used in this part, "mass marketed life or accident and health insurance" means the insurance under any individual, franchise, group, or blanket insurance policy offering life or accident and health insurance: (1) that is offered by means of direct resp…

31A-21-403. Orders terminating effectiveness of policies. Upon the commissioner's order, no mass marketed life or accident and health insurance issued by an insurer may continue to be effected on persons in this state. The commissioner may issue an order under this section only i…

31A-21-404. Out-of-state insurers. Notwithstanding Subsection, an insurer extending mass marketed life or accident and health insurance under a group insurance policy issued outside of this state to residents of this state or a blanket insurance policy issued outside of this stat…

31A-21-501. Definitions. As used in this part: (1) "Applicant" means: in the case of an individual life or accident and health policy, the person who seeks to contract for insurance benefits; or in the case of a group life or accident and health policy, the proposed certificate h…

31A-21-501. Definitions. For purposes of this part: (1) "Applicant" means: in the case of an individual life or accident and health policy, the person who seeks to contract for insurance benefits; or in the case of a group life or accident and health policy, the proposed certific…

31A-21-502. Scope of part. This part applies to only life and accident and health insurance.

31A-21-503. Discrimination based on domestic violence or child abuse prohibited. (1) Except as provided in Subsection, an insurer of life or accident and health insurance may not consider whether an insured or applicant is the subject of domestic abuse as a factor to: (2) refuse …

31A-21-504. Investigation -- Use of information used -- Disclosure. (1) An insurer may not ask an insured or applicant or use any other means to determine whether the insured or applicant is the subject of domestic abuse. (2) If an insured or applicant voluntarily discloses to th…

31A-21-505. Limit on liability. An insurer that issues a life or accident and health insurance policy to an individual who is the subject of domestic abuse is not liable civilly or criminally for the death of or any injuries to the insured as a result of domestic violence or chil…

31A-21-506. Enforcement -- Private rights. (1) An insurer that violates this part is subject to any penalty permitted under this title. (2) This part does not: create a private right of action for a violation of this part; or limit or impair the right of an individual to sue and …