Title 31A, Insurance Code

31A-22-1005. Payment as bar to recovery. Payment of compensation under a workers' compensation insurance policy, whether in whole or in part, by either the employer or the insurer, bars recovery by the employee or the employee's dependents to the extent of the payment.

31A-22-1006. Insurer's constructive knowledge. Every workers' compensation policy or contract shall contain a provision that, as between the employee and the insurer, notice to or knowledge of the occurrence of the injury on the part of the employer is considered to be notice or …

31A-22-1007. Employer's insolvency. Every workers' compensation policy or contract shall contain a provision that the insolvency of the employer and the employer's discharge does not relieve the insurer from the payment of compensation for injuries or death sustained by an employ…

31A-22-1008. Employer's breach of safety rules. No condition in a workers' compensation policy requiring the insured employer to comply with certain safety rules may excuse the workers' compensation insurer from paying the required benefits to an employee injured as a result of t…

31A-22-1009. Other applicable provisions. Workers' compensation insurance contracts are subject to any applicable requirements of Title 34A, Chapter 2, Workers' Compensation Act.

31A-22-101. Scope of part. This Part 1, Contracts of Suretyship, applies to those suretyship obligations that are subject to Chapter 21, Insurance Contracts in General, and this chapter under Section 31A-21-101.

31A-22-1010. Workers' compensation deductible policies. (1) An insurer authorized to transact the business of workers' compensation in this state may issue a workers' compensation insurance policy that provides for the insured to participate in the payment of the insurance claims…

31A-22-1012. Workers' compensation insurance availability. (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules to monitor the following related to employers who can only obtain workers' compensation insurance pursuant t…

31A-22-1014. Conversion of Workers' Compensation Fund to mutual insurance corporation. (1) As used in this section, "Workers' Compensation Fund" means the mutual corporation that is the successor to the quasi-public corporation created under Chapter 33, Workers' Compensation Fund…

31A-22-1016. Workers' compensation coverage for medical cannabis operations. A licensed and admitted workers' compensation insurer may issue coverage to: (1) a cannabis production establishment as defined in Section 4-41a-102; or (2) a medical cannabis pharmacy as defined in Sect…

31A-22-1017. Attestation required. (1) As used in this section, "zero estimated exposure policy" means a policy of insurance that an employer obtains to cover the employer's liability to pay compensation under Title 34A, Chapter 2, Workers' Compensation Act, or Title 34A, Chapter…

31A-22-102. Bonds need not be under seal. Under this code, no suretyship obligation is required to be under seal.

31A-22-103. Validity of surety bonds. (1) An undertaking to stand as surety which is issued by an insurer authorized to do a surety business in this state is complete compliance with any qualification requirement in Utah law respecting surety bonds. This undertaking is acceptable…

31A-22-104. Indemnity agreements and security for benefit of surety. (1) Any insurer authorized to do a surety business may contract with any person, including a principal debtor under a suretyship obligation, for indemnity or security to protect the surety against losses. No ind…

31A-22-105. Common control of fiduciary funds permissible. Any fiduciary from whom a bond, undertaking, or other obligation is required may agree and arrange with the fiduciary's sureties for the deposit for safekeeping of any and all assets for which the fiduciary is responsible…

31A-22-106. Petition of fiduciary's surety to be relieved from liability. Any surety securing others against losses caused by breach of duty by a fiduciary, herein called "principal," may petition the court where the surety's obligation is filed or which has jurisdiction over the…

31A-22-107. Bond premium allowable expense of fiduciary. Any fiduciary required by law, or the court in providing a surety to secure the fiduciary's performance, may include as part of the expense of executing the fiduciary responsibility a reasonable premium paid to a surety for…

31A-22-1101. Combination of lines. (1) Legal expense insurance may be transacted alone or together with life insurance, accident and health insurance, or casualty insurance. (2) An insurer may not transact liability insurance and also issue legal expense insurance policies provid…

31A-22-1102. Policy and certificate forms. (1) Legal expense insurance may be written as individual, group, blanket, or franchise insurance. Each contractual obligation for legal expense insurance shall be evidenced by a policy. Each person insured under a group policy shall be i…

31A-22-1201. Assumption agreement. (1) Subject to Subsection (2), a credit for reinsurance ceded under Section 31A-17-404 or 31A-17-404.1 is not allowed unless, in addition to meeting the requirements of Section 31A-17-404 or 31A-17-404.1, the reinsurance agreement provides in su…

31A-22-1202. Other reinsurance contracts. (1) If there is no assumption agreement under Subsection 31A-22-1201(2), the reinsurer's sole obligation is to the ceding insurer. (2) No guaranty fund, security fund, or any other person, except the estate of the ceding insurer, has a cl…

31A-22-1203. Right of reinsurer to defend claim. A reinsurance contract may provide that the receiver of a ceding insurer shall, within a specified or reasonable time after the claim is filed in court or in the receivership, give written notice to an assuming reinsurer of all or …

31A-22-1204. Approval required for bulk insurance. Reinsurance credit is not allowed to a domestic insurer for reinsurance ceded when such reinsurance constitutes all or substantially all of the insurance in force of the domestic insurer, unless the agreement purporting to transf…

31A-22-1300. Aircraft public liability insurance. Policies containing aircraft public liability insurance coverage for an aircraft shall include minimum coverage of: (1) $50,000 per person for bodily injury or death in any one accident; (2) $50,000 for property damage in any one …

31A-22-1301. Liability insurance for armored car companies and contract security companies. Section 58-63-302 applies to liability insurance for armored car companies and contract security companies.

31A-22-1302. Insurance requirements for vehicles of unusual physical nature. Section 72-9-103 applies to the insurance requirements for vehicles of an unusual physical nature.

31A-22-1303. Liability insurance for motor carriers. Motor carrier safety regulations adopted under Section 72-9-103 specify liability insurance for motor carriers.

31A-22-1305. Persons authorized to issue annuities. No person may issue an annuity to another person unless the issuer is: (1) an insurer authorized to issue annuities under Chapter 5, Domestic Stock and Mutual Insurance Corporations, Chapter 9, Insurance Fraternals, or Chapter 1…

31A-22-1306. Transition provision for existing policy forms. Insurance policy forms need not conform to the requirements of this chapter until July 1, 1987. However, insurance policies issued after July 1, 1986, are subject to Section 31A-21-107.

31A-22-1307. Use of consumer reports by residential dwelling liability insurers. (1) An insurer who uses consumer reports in connection with the underwriting of residential dwelling liability insurance shall establish and adhere to written procedures that: (a) identify the circum…

31A-22-1308. Use of loss history by insurers. (1) For purposes of this section: (a) "Adverse eligibility or rate decision" means: (i) declining insurance coverage; (ii) terminating insurance coverage; (iii) not renewing insurance coverage; or (iv) the charging of a higher rate fo…

31A-22-1309. Return of unearned premium upon cancellation of errors and omissions insurance. (1) As used in this section, "unearned premium" means the amount of the premium that is collected by the insurer in excess of premium earned as of the date of the cancellation of the erro…

31A-22-1310. Insuring wildland urban interface property. (1) As used in this section: (a) "High risk wildland urban interface property" means the same as that term is defined in Section 65A-8-401. (b) "Wildland urban interface" means the same as that term is defined in Section 65…

31A-22-1401. Application. (1) The requirements of this part apply to individual policies and to group policies and certificates marketed in this state on or after July 1, 2001. (2) Entities subject to this part shall comply with other applicable insurance laws and rules unless th…

31A-22-1402. Definitions. Unless the context requires otherwise, the following definitions apply in this part: (1) "Applicant" means: (a) in the case of an individual long-term care insurance policy, the person who seeks to contract for benefits; and (b) in the case of a group lo…

31A-22-1403. Filing required for policies issued in another state. Group long-term care insurance coverage may not be offered to a resident of this state under a group policy issued in another state unless the policy and certificate have been filed with the commissioner.

31A-22-1404. Rulemaking authority. The commissioner may adopt rules that may permit or include: (1) the increase of benefits over time; (2) standards for full and fair disclosure of the manner, content, and required disclosures for the sale of long-term care insurance policies; (…

31A-22-1405. Restrictions on terms of coverage. No long-term care insurance policy may: (1) be canceled, nonrenewed, or otherwise terminated on the grounds of the age or the deterioration of the mental or physical health of the insured individual or certificate holder; (2) contai…

31A-22-1406. Preexisting conditions. (1) A long-term care insurance policy or certificate may not use a definition of a preexisting condition which is more restrictive than the following: "Preexisting condition means a condition for which medical advice or treatment was recommend…

31A-22-1407. Restricted conditional terms. (1) A long-term care insurance policy may not contain a provision that conditions eligibility: (a) for any benefits on a prior hospitalization requirement; (b) for benefits provided in an institutional care setting on the receipt of a hi…

31A-22-1408. Right of return -- Notice. Individual long-term care insurance policyholders and certificate holders other than employee and labor union certificate holders have the right to return the policy within 30 days of its delivery and to have the premium refunded if the pol…

31A-22-1409. Statements of coverage. (1) An outline of coverage shall be delivered to a prospective applicant for long-term care insurance at the time of initial solicitation through means which prominently direct the attention of the applicant to the document and its purpose. (2…

31A-22-1410. Report to policyholder. A monthly report shall be provided to the policyholder any time a long-term care benefit funded through a life insurance vehicle by the acceleration of the death benefit is in benefit payment status. The report shall include: (1) any long-term…

31A-22-1411. Incontestability period. (1) For a policy or certificate that has been in force for less than six months, an insurer may rescind a long-term care insurance policy or certificate upon a showing of misrepresentation that is material to the acceptance for coverage. (2) …

31A-22-1412. Nonforfeiture benefits. (1)(a) A long-term care insurance policy or certificate may not be delivered or issued for delivery in this state unless the policyholder or certificate holder has been offered the option of purchasing a policy or certificate including a nonfo…

31A-22-1413. Claim information. If a claim under a long-term care insurance contract is denied, within 60 days of the date a written request by the policyholder or a representative of a policyholder is filed with the insurer, the insurer shall: (1) provide a written explanation o…