Title 31A, Insurance Code

31A-28-105. Definitions. As used in this part: (1) "Association" means the Utah Life and Health Insurance Guaranty Association continued under Section 31A-28-106. (2)(a) "Authorized assessment" or "authorized," when used in the context of assessments, means that the board of dire…

31A-28-106. Continuation of the association -- Association duties -- Allocation of assessments -- Not agency of state. (1)(a) There is continued under this part the nonprofit legal entity known as the Utah Life and Health Insurance Guaranty Association created under former provis…

31A-28-107. Board of directors. (1)(a) The board of directors of the association shall consist of: (i) at least seven but not more than eleven member insurers who: (A) serve terms as established in the plan of operation; and (B) are selected by member insurers, subject to the app…

31A-28-108. Powers and duties of the association. (1)(a) If a member insurer is an impaired insurer, subject to any conditions imposed by the association that do not impair the contractual obligations of the impaired insurer, the association may provide the protections provided b…

31A-28-109. Assessments. (1)(a) For the purpose of providing the funds necessary to carry out the powers and duties of the association, the board of directors shall assess the member insurers, separately for each class or subclass, at the time and for the amounts that the board o…

31A-28-110. Plan of operation. (1)(a) The association shall submit to the commissioner a plan of operation and any amendments to the plan necessary or suitable to assure the fair, reasonable, and equitable administration of the association. (b) The plan of operation and any amend…

31A-28-111. Duties and powers under this part. The duties and powers described in this section are in addition to the duties and powers enumerated elsewhere in this part. (1) The commissioner shall: (a) upon request of the board of directors, provide the association with a statem…

31A-28-112. Reports. (1) The commissioner shall: (a) report to the board of directors when: (i) the commissioner takes an action set forth in Section 31A-27a-201; (ii) an event described in Section 31A-17-603, 31A-17-604, or 31A-17-605 occurs; or (iii) the commissioner receives a…

31A-28-113. Credit for assessments paid. (1)(a) A member insurer may offset against its premium tax, income tax, or franchise tax liability to this state an assessment described in Subsection 31A-28-109(2)(b) to the extent of 20% of the amount of the assessment for each of the fi…

31A-28-114. Miscellaneous provisions. (1) Nothing in this part shall be construed to reduce the liability for unpaid assessments of the insureds of an impaired or insolvent insurer operating under a plan with assessment liability. (2)(a) The board of directors shall keep a record…

31A-28-115. Examination of the association -- Annual report. (1) The association shall be subject to examination and regulation by the commissioner. (2) The board of directors shall submit to the commissioner each year, not later than 120 days after the association's fiscal year:…

31A-28-116. Tax exemptions. The association is exempt from payment of all fees and all taxes levied by this state or any of its subdivisions, except taxes levied on real property.

31A-28-117. Immunity. (1) For any action or omission committed in the performance of their powers and duties under this part, there is no liability on the part of, and no cause of action of any nature shall arise against: (a) any member insurer; (b) a member insurer's agents or e…

31A-28-118. Stay of proceedings -- Reopening default judgments. (1) A proceeding in which the insolvent insurer is a party in any court in this state shall be stayed 180 days from the date an order of liquidation, rehabilitation, or conservation is final to permit proper legal ac…

31A-28-119. Prohibited advertisement of the association -- Notice to owners of policies and contracts. (1)(a) Except as provided in Subsection (1)(b), a person, including a member insurer, producer, or affiliate of a member insurer may not make, publish, disseminate, circulate, o…

31A-28-120. Prospective application. Notwithstanding any prior or subsequent law, the provisions of this part that are in effect on the date on which the association first becomes obligated for the policies or contracts of an insolvent or impaired insurer govern the association's…

31A-28-202. Scope. This part applies to protect resident policyowners and insureds under all types of direct insurance, except: (1) life insurance; (2) annuity; (3) health insurance; (4) disability insurance; (5) mortgage guaranty insurance; (6) financial guaranty, or other forms…

31A-28-203. Definitions. As used in this part: (1) "Affiliate" means the same as that term is defined in Section 31A-1-301. (2) "Association account" means the Utah Property and Casualty Insurance Guaranty Association Account created by Section 31A-28-205. (3)(a) "Claimant" means…

31A-28-204. Unlawful statements. (1) It is unlawful to make any statement, written or oral, regarding the coverages and protections provided by the association for the purpose of promoting the purchase of any form of insurance. (2) It is unlawful to indicate or imply that the ass…

31A-28-205. Creation of the association. (1)(a) The Utah Property and Casualty Insurance Guaranty Association shall continue as a nonprofit legal entity. (b) All member insurers of the association are, and remain, members of the association as a condition of their authority to tr…

31A-28-206. Board of directors. (1)(a) The board of directors of the association consists of not less than five nor more than nine members, serving terms of four years each. (b) The members of the board shall be selected by member insurers, subject to the commissioner's approval.…

31A-28-207. Powers and duties of the association. (1)(a) The association is obligated on the amount of the covered claims: (i) existing prior to the order of liquidation; and (ii) arising: (A) within 30 days after the order of liquidation; or (B)(I) before the policy expiration d…

31A-28-208. Assessments. (1)(a) To provide the funds necessary to carry out the powers and duties of the association, the board of directors shall assess the member insurers at the time and in the amount the board finds necessary. (b) An assessment under this section: (i) is due …

31A-28-209. Plan of operation. (1)(a) The association shall submit to the commissioner a plan of operation and any amendments necessary or suitable to assure the fair, reasonable, and equitable administration of the association. (b) The plan of operation and amendments described …

31A-28-210. Duties and powers of the commissioner. (1) In addition to the duties and powers enumerated elsewhere in this part, the commissioner shall: (a) notify the association of the existence of an insolvent insurer not later than three days after the commissioner receives not…

31A-28-212. Credits for assessments paid. (1) A member insurer may offset against its premium tax liability to this state an assessment described in Section 31A-28-208, but only up to 20% of the amount of the assessment for each of the five calendar years following the year in wh…

31A-28-213. Miscellaneous provisions. (1)(a) Any person who has a claim against an insurer, whether or not the insurer is a member insurer, under any provision in an insurance policy, other than a policy of an insolvent insurer that is also a covered claim, is required to first e…

31A-28-214. Examination of the association -- Annual report. (1) The association is subject to examination and regulation by the commissioner. (2) The board of directors shall submit, to the commission by no later than April 30 of each year: (a) a financial report for the precedi…

31A-28-215. Tax exemptions. The association is exempt from payment of all fees and taxes levied by this state or any of its subdivisions, except taxes levied on real property.

31A-28-217. Immunity. (1) There is no liability on the part of and no cause of action of any nature shall arise against any member insurer or its agents or employees, the association or its agents or employees, members of the board of directors, or the commissioner or the commiss…

31A-28-218. Stay of proceedings -- Reopening default judgments. (1) Except for specific cases involving covered claims that are subject to waiver by the association, all proceedings in which the insolvent insurer is a party or is obligated to defend a party in any court in this s…

31A-28-220. Termination of association's operation. (1) The commissioner shall by order terminate the operation of the association for any kind of insurance covered under this part when the commissioner finds that there is in effect a statutory or voluntary plan that: (a) is a pe…

31A-28-222. Application of amendments. (1) The amendments in Laws of Utah 2001, Chapter 363, shall become effective on April 30, 2001 and apply to the association's obligations under policies of insolvent insurers as they exist on or after April 30, 2001. (2) Notwithstanding Subs…