Title 31A, Insurance Code

31A-5-501. Merger of subsidiary corporation. The merger of subsidiary insurance corporations is subject to the provisions of Chapter 16, Insurance Holding Companies. In addition, the merger procedures outlined under Title 16, Chapter 10a, Utah Revised Business Corporation Act, ap…

31A-5-502. Merger and consolidation of stock insurance corporations. Any two or more stock insurance corporations may merge or consolidate, under the procedures set forth under Title 16, Chapter 10a, Utah Revised Business Corporation Act. All mergers are subject to the provisions…

31A-5-503. Merger and consolidation of mutuals. Any two or more mutuals may merge or consolidate, under the procedures set forth under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act. All mergers of mutuals are subject to Chapter 16, Insurance Holding Companies.

31A-5-504. Voluntary dissolution of domestic insurance corporations. (1)(a) Except as otherwise modified by this section, a domestic stock insurance corporation may dissolve under Sections 16-10a-1401 through 16-10a-1409 and Section 16-10a-1440. (b) Except as otherwise modified b…

31A-5-505. Conversion of a domestic stock corporation into a mutual. A domestic stock corporation may be converted into a domestic mutual as follows: (1) The board shall adopt a plan of conversion. After adopting the plan, no additional shares of capital stock may be issued, exce…

31A-5-506. Conversion of a domestic mutual into a stock corporation. (1)(a) Except as provided in Subsection (1)(b), a domestic mutual may be converted into a domestic stock corporation under Subsections (2) through (11). (b) A domestic mutual that is affiliated with other mutual…

31A-5-507. Conversion of assessable to nonassessable and nonassessable to assessable mutuals. (1) When an assessable mutual accumulates enough surplus to satisfy the financial requirements for the operation of a nonassessable mutual, it may apply for a certificate of authority au…

31A-5-508. Transfer of business or assets. (1) In the sale, lease, exchange, or mortgage of assets with or without shareholder action, and concerning the rights of dissenting shareholders in those transactions, Sections 16-10a-1201, 16-10a-1202, 16-10a-1320 through 16-10a-1328, 1…

31A-5-509. Conversion of a domestic mutual life insurance company into a fraternal. A domestic mutual life insurance company may be converted into a fraternal under Chapter 9, Insurance Fraternals, in the following manner: (1) The board of directors of the company shall adopt a p…

31A-5-601. Duties of officers, directors, agents, and employees. (1) Any officer, director, agent, attorney, or employee upon whom legal process is properly served or who receives notice of any legal action that may affect or involve the property or business of the insurer, shall…

31A-5-602. Doing business in other states. (1) Subject to Subsection (2), no domestic insurer may do an insurance business in any state in which it does not have a certificate of authority. It may not knowingly solicit in those states in any manner. Advertisements through printed…

31A-5-701. General reporting requirement. (1) An insurer domiciled in this state shall file a report with the commissioner disclosing any transaction listed in Subsection (2), unless the transaction has been submitted to the commissioner for review, approval, or information purpo…

31A-5-702. Acquisitions and dispositions of assets. (1)(a) An acquisition or disposition of asset is not subject to the reporting requirements of Section 31A-5-701 if the acquisitions or dispositions are not material. (b) For purposes of this part, an acquisition, a disposition, …

31A-5-703. Nonrenewals, cancellations, or revisions of ceded reinsurance agreements. (1)(a) A nonrenewal, cancellation, or revision of ceded reinsurance agreements is not subject to the reporting requirements of Section 31A-5-701 if: (i) the nonrenewal, cancellation, or revision …

31A-6a-101. Definitions. As used in this chapter: (1) "Home warranty service contract" means a service contract that requires a person to repair or replace a component, system, or appliance of a home or make indemnification to the contract holder for the repair or replacement of …

31A-6a-102. Scope and purposes. (1) The purposes of this chapter are to: (a) create a legal framework within which service contracts may be sold in this state; (b) encourage innovation in the marketing and development of more economical and effective ways of providing services un…

31A-6a-103. Requirements for doing business. (1) A service contract or vehicle protection product warranty may not be issued, sold, or offered for sale in this state unless the service contract or vehicle protection product warranty is insured under a reimbursement insurance poli…

31A-6a-104. Required disclosures. (1) A reimbursement insurance policy insuring a service contract or a vehicle protection product warranty that is issued, sold, or offered for sale in this state shall conspicuously state that, upon failure of the service contract provider or war…

31A-6a-105. Prohibited acts. (1) Except as provided in Subsection 31A-6a-104(2), a service contract provider or warrantor may not use in the service contract provider or warrantor's name, a contract, or literature: (a) any of the following words: (i) "insurance"; (ii) "casualty";…

31A-6a-106. Recordkeeping requirements. (1)(a) All service contract providers shall keep accurate accounts, books, and records concerning transactions regulated under this chapter. (b) A service contract provider's accounts, books, and records shall include: (i) copies of all ser…

31A-6a-107. Cancellation of reimbursement insurance. The issuer of a reimbursement insurance policy may not cancel the policy until a notice of cancellation in accordance with Section 31A-21-303, 31A-21-304, or 31A-21-305 has been mailed or delivered to the commissioner and to ea…

31A-6a-108. Obligation of reimbursement insurance issuers. Providers under this chapter are considered to be the agent of the issuer of the reimbursement insurance for purposes of Section 31A-23a-410. In cases where a provider is acting as an administrator and enlists other provi…

31A-6a-109. Enforcement provisions. (1) If the commissioner finds, as part of an adjudicative proceeding under Title 63G, Chapter 4, Administrative Procedures Act, that a person has violated any provision of this chapter, the commissioner may take one or more of the following act…

31A-6a-110. Rulemaking. (1) Pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commissioner may make rules necessary to assist in the enforcement of this chapter. (2) The commissioner may by rule or order, after a hearing, exempt certain service contract pr…

31A-6a-111. Vehicle protection product warranty requirements. (1) A warrantor shall make a reimbursement promised under a vehicle protection product warranty as specified in the warranty, regardless of, and not contingent upon, the payment of a benefit provided for under the warr…

31A-6b-101. Title. This chapter is known as the "Guaranteed Asset Protection Waiver Act."

31A-6b-102. Definitions. (1) This section defines a term only for purposes of this chapter. A term defined in this section is not required to be used in a guaranteed asset protection waiver. (2) For purposes of this chapter: (a) "Administrative functions" includes providing: (i) …

31A-6b-103. Relationship to title -- Scope -- Exemptions. (1) A guaranteed asset protection waiver: (a) is not an insurance contract; and (b) is not considered a debt cancellation or debt suspension contract for purposes of Section 31A-21-109. (2) A guaranteed asset protection wa…

31A-6b-104. Severability. If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the remainder of this chapter shall be given effect without the invalid provision or application. The provisions of this chapter are severable.

31A-6b-201. Persons who may provide a guaranteed asset protection waiver -- Requirement to be licensed or registered. (1) Except as provided in Subsection (2), on and after July 1, 2010, a person may not sell, offer to sell, or otherwise provide a guaranteed asset protection waiv…

31A-6b-202. Registration process -- Annual fee. (1) If a person is required to register under Section 31A-6b-201, to register the person shall submit to the commissioner: (a) an application for registration; (b) a copy of any guaranteed asset protection waiver that the person wil…

31A-6b-203. Filing new or changed guaranteed asset protection waiver. A person required to be registered under Section 31A-6b-201 shall submit to the commissioner at least 30 days before the day on which the person issues, markets, sells, offers to sell, or otherwise provides a g…

31A-6b-204. Guaranteed Asset Protection Waiver Restricted Account. (1) There is created in the General Fund a restricted account known as the "Guaranteed Asset Protection Waiver Restricted Account." (2) The restricted account shall consist of the money received by the commissione…

31A-6b-301. General requirements for a guaranteed asset protection waiver. (1) A person may not issue, market, sell, offer to sell, or otherwise provide a guaranteed asset protection waiver except in compliance with this chapter. (2) If a creditor assigns, sells, or transfers a f…

31A-6b-302. Required disclosures. (1) A guaranteed asset protection waiver shall disclose the information described in Subsection (2): (a) in writing; and (b) in understandable language that is easy to read. (2) A guaranteed asset protection waiver shall disclose: (a) the name an…

31A-6b-303. Cancellation or termination of a guaranteed asset protection waiver. (1)(a) A borrower may cancel a guaranteed asset protection waiver in accordance with this section. (b) A borrower may not waive by contract the borrower's right to cancel a guaranteed asset protectio…

31A-6b-401. Cease and desist order -- Fines. (1) In accordance with Title 63G, Chapter 4, Administrative Procedures Act, the commissioner may: (a) order a person who violates this chapter to cease and desist from an act that violates this chapter; (b) impose a penalty: (i) up to …

31A-7-101. Definition. As used in this chapter, unless stated otherwise: "Subscriber" means the person entitled by contract to health care benefits from a corporation licensed under this chapter. "Subscriber" is used interchangeably with "policyholder" in individual contracts or …

31A-7-102. Scope. (1) Domestic insurers authorized under former Title 31, Chapter 37, are, on July 1, 1986, automatically converted to domestic insurers authorized under this chapter. The commissioner may adopt any rules necessary to efficiently and safely effect the conversion. …

31A-7-103. Applicability of other provisions. (1) Except for exemptions specifically granted under this title, nonprofit health service insurance corporations organized or operating under this chapter are subject to all of the provisions of this title. (2) Nonprofit health servic…

31A-7-104. General corporate powers and procedures. (1) Corporations organized or operating under this chapter have the powers specified under Section 31A-5-104. (2) Subject to the limitations upon subsidiary investment valuation otherwise stated under this title, corporations or…

31A-7-105. Documents as evidence. Section 31A-5-105 applies to documents as evidence in corporations organized and operating under this chapter.

31A-7-106. Unauthorized assumption of corporate power. Section 31A-5-106 applies to the unauthorized assumption of corporate power in corporations organized and operating under this chapter.

31A-7-201. Organization, incorporation, and licensing. Chapter 5, Part 2, Organization of Corporations, governs the organization, incorporation, and licensing of nonprofit health service corporations with the following exceptions: (1) Section 16-6a-201 applies in place of Section…

31A-7-202. Members. Sections 16-6a-601 and 16-6a-602 apply to members of corporations organized or operating under this chapter. Sections 16-6a-701, 16-6a-702, 16-6a-704, 16-6a-711, and 16-6a-712 apply to corporations organized or operating under this chapter which have members.

31A-7-301. Principal office and registered agent. Section 31A-5-401 governs the location of the principal office and existence of a registered agent for corporations organized and operating under this chapter.