Title 31A, Insurance Code

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. Sections 16-10a-1001 through 16-10a-1004 apply 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 Chap…

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 Chapter 27a, Insurer Receivership Act, against a foreign insurer, if the foreign insurer were a domestic insurer, the commissioner may, after any proceeding autho…

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 Subsection (2) who 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 illegal…

31A-15-103. Surplus lines insurance -- Unauthorized insurers. (1) Notwithstanding Section 31A-15-102, when this state is the home state as defined in Section 31A-3-305, a nonadmitted insurer may make an insurance contract for coverage of a person in this state and on a risk locat…

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 Section 31A-14-202 may, in this state, collect premiums and adjust losses and do all other acts reasonably incidental to co…

31A-15-107. Defense of action by unauthorized person. (1) Except under Subsection (3), 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 Sections 31A-2-309 and …

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: (a) facilitate and encourage compliance by its members with the laws of this state and the rules of the commissioner relative to surplus lines insurance; (b) …

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 31A-1-301, "commissioner" means the insurance commissioner of Utah or the commissioner, director, or superintendent of insurance in another state. (2)(a) Subject to Subsection (2)(b), "completed operations…

31A-15-203. Risk retention groups chartered in this state. (1) As used in this section: (a) "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, a…

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 Title 31A, Chapter 28, Part 2, Property and Casualty Guaranty Association, nor may any risk retention group, or its ins…

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)(a) 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 admini…

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, Consu…

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 Title 63G, Chapter 3, Utah Administrative Rulemaking Act, 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: (a) exercising surveillance over the acquisition of a domestic insurer, to ensure that in the process of making it part…

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

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

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

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

31A-16-105. Registration of insurers. (1)(a) 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 ad…

31A-16-106. Standards and management of an insurer within a holding company system. (1)(a) Transactions within an insurance holding company system to which an insurer subject to registration is a party are subject to the following standards: (i) the terms shall be fair and reason…

31A-16-107.5. Examination of registered insurers. (1) Subject to the limitation contained in this section and the powers which the commissioner has under Chapter 2, Administration of the Insurance Laws, relating to the examination of insurers, the commissioner has the power to ex…

31A-16-108.5. Supervisory colleges. (1) For an insurer registered under Section 31A-16-105 and in accordance with Subsection (3), the commissioner may participate in a supervisory college for a domestic insurer that is part of an insurance holding company system with internationa…

31A-16-108.6. Supervision of internationally active insurance groups. (1)(a) Except as otherwise provided in this section, the commissioner shall act as the group-wide supervisor for each internationally active insurance group. (b) In lieu of acting as the group-wide supervisor f…

31A-16-109. Confidentiality of information obtained by commissioner. (1)(a) Documents, materials, or information obtained by or disclosed to the commissioner or any other person in the course of an examination or investigation made under Section 31A-16-107.5, and all information …

31A-16-110. Enjoining violations -- Voting securities acquired in violation of law or rule. (1)(a) Whenever it appears to the commissioner that any insurer or any director, officer, employee, or agent of an insurer has committed or is about to commit a violation of this chapter o…

31A-16-111. Required sale of improperly acquired stock -- Penalties. (1) If the commissioner finds that the acquiring person has not substantially complied with the requirements of this chapter in acquiring control of a domestic insurer, the commissioner may require the acquiring…

31A-16-112. Sanctions. (1)(a) Notwithstanding Section 31A-2-308, the following sanctions apply: (i) An insurer failing, without just cause, to file a registration statement required by this chapter is required, after notice and hearing, to pay a penalty of $10,000 for each day's …

31A-16-113. Receivership. Whenever it appears to the commissioner that a person has committed a violation of this chapter that so impairs the financial condition of a domestic insurer as to threaten insolvency or make the further transaction of business by it hazardous to its pol…