Title 31A, Title 31A: Insurance Code

31A-14-205.5. Place of business address information -- Record retention. (1) A licensee under this chapter shall register and maintain with the commissioner: the address and the one or more telephone numbers of the licensee's principal place of business; and a valid business emai…

31A-14-206. Commercially domiciled insurers. (1) As used in this section, and except as to title insurers, the commissioner may consider a foreign insurer to be "commercially domiciled" in this state if: during the three immediately preceding calendar years, the foreign insurer w…

31A-14-207. Exclusive agency and management contracts. (1) No foreign insurer licensed under this chapter may enter into or be subject to a contract that grants or surrenders the control or management of the insurer, unless the commissioner gives express approval of the contract.…

31A-14-208. Requirements for foreign reciprocals. (1) No foreign reciprocal may be authorized to do business in this state unless: under the laws of its domicile, the provisions of its power of attorney, or otherwise, it can sue and be sued in its own name; the assets resulting f…

31A-14-209. Requirements for incorporated alien insurers. (1) No incorporated alien insurer may be authorized to do business in Utah unless, in addition to the requirements of Section, it satisfies all of the following: 31A-14-201 It has operated for three years in its domicile o…

31A-14-210. Requirements for foreign fraternals. (1) A foreign fraternal may not be authorized to do business in this state under Section, unless it strictly complies with: 31A-14-203 the financial requirements of Sectionand; 31A-9-209 Chapter 17, Part 6, Risk-Based Capital the r…

31A-14-210. Requirements for foreign fraternals. (1) A foreign fraternal may not be authorized to do business in this state under Section, unless it strictly complies with: 31A-14-203 the financial requirements of Sectionand; 31A-9-209 Chapter 17, Part 6, Risk-Based Capital the r…

31A-14-211. Restrictions on foreign title insurers. (1) An authorized foreign title insurer may only insure property in this state: through an agency title insurance producer who is a resident in Utah; or if the authorized foreign title insurer has a bona fide office in Utah: tha…

31A-14-212. Changes in business plan. (1) Within two years after the initial issuance of a certificate of authority to a foreign insurer by its domiciliary jurisdiction, the insurer may not substantially deviate from its business plan under Subsectionunless notice of the proposed…

31A-14-213. Transfer of business. (1) A foreign insurer that intends to transfer to another person all or a substantial part of its insurance business in Utah by means of an assumption reinsurance transaction, a sale, or otherwise, shall report the proposed transaction to the com…

31A-14-214. Amendment to articles and notice of corporate reorganization. Sectionsthroughapply when a foreign insurer amends its articles of incorporation. If a foreign insurer plans to undergo any corporate reorganization of the kinds dealt with in, the insurer shall notify the …

31A-14-215. Assessment by foreign company. Every foreign mutual insurer authorized in this state shall notify the commissioner immediately after making an assessment upon any of its members in this state. The insurer shall attach to the notice a statement of the condition of the …

31A-14-216. Release from regulation. (1) A foreign insurer authorized under this chapter is subject to regulation under the applicable provisions of the Insurance Code, unless it is released from regulation under this section. (2) A foreign insurer may apply for release from regu…

31A-14-217. Revocation of certificate of authority. Whenever there would be grounds for delinquency proceedings under, against a foreign insurer, if the foreign insurer were a domestic insurer, the commissioner may, after any proceeding authorized by, revoke, suspend, or limit th…

31A-15-101. Purposes. It is the purpose of this chapter to: (1) prevent evasion by unauthorized insurers of the regulatory and tax laws of Utah and protect Utah and its residents against loss from that type of evasion; (2) subject unauthorized insurers and other persons doing an …

31A-15-102. Assisting unauthorized insurers. (1) No person may do any act enumerated under Subsectionwho knows or should know that the act may assist in the illegal placement of insurance with an unauthorized insurer or the subsequent servicing of an insurance policy illegally pl…

31A-15-103. Surplus lines insurance -- Unauthorized insurers. (1) Notwithstanding Section, when this state is the home state as defined in Section, a nonadmitted insurer may make an insurance contract for coverage of a person in this state and on a risk located in this state, sub…

31A-15-104. Direct placement of insurance. (1) Subject to this section, any person seeking insurance may obtain it from an unauthorized insurer if no producer resident doing business in Utah is involved and if negotiations occur primarily outside Utah. Negotiations by mail occur …

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.

31A-16-101. Scope and purpose of chapter. (1) This chapter applies to all persons doing an insurance business in Utah. (2) The purposes of this chapter include: exercising surveillance over the acquisition of a domestic insurer, to ensure that in the process of making it part of …

31A-16-102.5. Subsidiaries of insurers. (1) A domestic insurer may organize or acquire one or more subsidiaries either: by itself; or in cooperation with one or more persons. A subsidiary of a domestic insurer may conduct any kind of business or businesses and its authority to do…

31A-16-102.6. Mutual insurance holding companies. (1) As used in this section: "Intermediate holding company" means a holding company that: is a subsidiary of a mutual insurance holding company; directly or through a subsidiary of the holding company, holds one or more subsidiary…

31A-16-103. Acquisition of control of, divestiture of control of, or merger with domestic insurer. (1) A person may not take the actions described in Subsectionorunless, at the time any offer, request, or invitation is made or any such agreement is entered into, or prior to the a…

31A-16-104.5. Acquisitions involving insurers not otherwise covered. (1) The following definitions apply for the purposes of this section only: "Acquisition" means an agreement, arrangement, or activity the consummation of which results in a person acquiring directly or indirectl…

31A-16-105. Registration of insurers. (1) An insurer that is authorized to do business in this state and that is a member of an insurance holding company system shall register with the commissioner, except a foreign insurer subject to registration requirements and standards adopt…