Title 31A, Title 31A: Insurance Code

31A-2-305. Immunity from prosecution. (1) If a natural person declines to appear, testify, or produce any record or document in any proceeding instituted by the commissioner or in obedience to the subpoena of the commissioner, the commissioner may petition a court with jurisdicti…

31A-2-306. Judicial review -- Costs. (1) A person aggrieved by a rule or order of the commissioner, or aggrieved by the commissioner's failure to act when he has a duty to act, may obtain judicial review. (2) The court reviewing agency actions governed by this title shall give pr…

31A-2-306.5. Stay of commissioner's decision pending administrative review or judicial appeal. (1) An order of the commissioner or a designee of the commissioner is not stayed by a petition for: administrative review; rehearing; or judicial review. (2) A person seeking to stay an…

31A-2-307. Declaratory interpretation of statutes -- Procedure. (1) The commissioner or any other person with a substantial interest in the result may petition the Third District Court for Salt Lake County for a declaratory judgment interpreting any provision of this title as app…

31A-2-308. Enforcement penalties and procedures. (1) A person who violates any insurance statute or rule or any order issued under Subsectionshall forfeit to the state up to twice the amount of any profit gained from the violation, in addition to any other forfeiture or penalty i…

31A-2-309. Service of process through state officer. (1) The commissioner, or the lieutenant governor when the subject proceeding is brought by the state, is the agent for receipt of service of a summons, notice, order, pleading, or other legal process relating to a Utah court or…

31A-2-310. Procedure for service of process through state officer. (1) Service upon the commissioner or lieutenant governor under Sectionis service on the principal, if: 31A-2-309 two copies of the process to be served and the required processing fee are delivered personally or t…

31A-2-311. Reciprocal enforcement of foreign decrees. (1) As used in this section: "Reciprocal state" means a state whose laws contain procedures substantially similar to those specified in this section for the enforcement of decrees or orders issued by courts located in other st…

31A-2-401. Title. This part is known as the "Title and Escrow Commission Act."

31A-2-402. Definitions. As used in this part: (1) "Commission" means the Title and Escrow Commission created in Section. 31A-2-403 (2) "Concurrence" means the entities given a concurring role must jointly agree for the action to be taken. (3) "Real Estate Commission" means the Re…

31A-2-403. Title and Escrow Commission created. (1) Subject to Subsection, there is created within the department the Title and Escrow Commission that is comprised of five members who shall be, in accordance with, appointed by the governor with the advice and consent of the Senat…

31A-2-404. Duties of the commissioner and Title and Escrow Commission. (1) Notwithstanding the other provisions of this chapter, to the extent provided in this part, the commissioner shall administer and enforce the provisions in this title related to a title insurance matter. Th…

31A-2-405. Dual licensing. An individual title licensee may not conduct the business of title insurance while conducting business as a holder of a license or certificate under: (1) Title 61, Chapter 2c, Utah Residential Mortgage Practices and Licensing Act; (2) Title 61, Chapter …

31A-3-101. General finance provisions. Department expenditures shall conform to the Legislature's appropriation adopted under.

31A-3-102. Exclusive fees and taxes. (1) The following are in place of any other license fee or license assessment that might otherwise be levied against a licensee by the state or a political subdivision of the state: subject to Subsection, taxes and fees under this chapter; (4)…

31A-3-103. Fees. (1) For purposes of this section, "services" means functions that are reasonable and necessary to enable the commissioner to perform the duties imposed by this title including: issuing or renewing a license or certificate of authority; filing a policy form; repor…

31A-3-104. Technology fees -- Restricted account. (1) The commissioner may impose a fee for requests for information: that is obtained from an electronic database of the commissioner; or derived from data that is generated by electronic means. (2) In addition to any fee authorize…

31A-3-105. Criminal Background Check Restricted Account. (1) There is created in the General Fund a restricted account known as the "Criminal Background Check Restricted Account." (2) The Criminal Background Check Restricted Account shall consist of the fees imposed by the commis…

31A-3-205. Taxation of insurance companies. (1) An admitted insurer shall pay to the State Tax Commission taxes imposed on the admitted insurer by. Title 59, Revenue and Taxation (2) A surplus lines insurer shall pay the taxes due under Sectionorin accordance with Section. 31A-3-…

31A-3-301. Tax imposed on surplus lines insurance transactions. (1) An insurance transaction under Sectionis subject to a tax of 4-1/4% of gross premiums, less 4-1/4% of return premiums paid to insureds by reason of policy cancellations or premium reductions. 31A-15-103 "Gross pr…

31A-3-302. Tax on illegal transactions. An insurance transaction under, which violates the restrictions placed on transactions by that chapter shall be taxed at a rate four percentage points higher than the applicable rate under Section.

31A-3-303. Payment of tax. (1) An insurer, the producers involved in the transaction, and the policyholder are jointly and severally liable for the payment of the taxes required under Section. 31A-3-301 The policyholder's liability for payment of the premium tax under Sectionends…

31A-3-304. Annual fees -- Other taxes or fees prohibited -- Captive Insurance Restricted Account. (1) A captive insurance company, other than a risk retention group, shall pay an annual fee imposed under this section to obtain or renew a certificate of authority. Except as provid…

31A-3-305. Agreement related to nonadmitted insurance taxes. (1) As used in this section: "Agreement" means a cooperative agreement, reciprocal agreement, or compact with one or more other states. "Home state," except as provided in Subsectionsand, with respect to an insured, mea…

31A-3-401. Retaliation against insurers of foreign state or country. (1) Except as provided in Section, when, under the laws of another state or foreign country any taxes, licenses, other fees, deposit requirements, or other material obligations, prohibitions, or restrictions are…

31A-3-402. Obligations to which retaliation inapplicable. Sectiondoes not apply to personal income taxes, ad valorem taxes on real or personal property, nor special purpose obligations or assessments in connection with particular kinds of insurance, except that deductions from pr…

31A-3-403. Domicile of alien insurers. (1) The domicile of an insurer formed under the laws of Canada, or a province of Canada, is considered to be that province in which its head office is situated. (2) For the purposes of this part, the domicile of an alien insurer, other than …

31A-4-101. Solicitation permit. (1) No person may advertise for or solicit or receive any funds, subscriptions for securities, or membership fees, dues, or contributions in Utah or from any person present in Utah for the purpose of forming or financing the formation or enlargemen…

31A-4-102. Qualified insurers. (1) A person may not conduct an insurance business in Utah in person, through an agent, through a broker, through the mail, or through another method of communication, except: an insurer: authorized to do business in Utah under:; Chapter 5, Domestic…

31A-4-103. Certificate of authority. (1) Each certificate of authority issued by the commissioner shall specify: the name of the insurer; the kinds of insurance the insurer is authorized to transact in Utah; and any other information the commissioner requires. (2) A certificate o…

31A-4-104. Bar on local activity by persons not authorized. A person not qualified under Sectionto do an insurance business may not, from offices or by personnel or facilities located in Utah, solicit insurance applications or transact insurance business in another jurisdiction.

31A-4-105. Deposit required from domestic insurers. Domestic insurers organized or operating under,, or, shall maintain a deposit under Sectionin the amount of the insurer's required capital for stock insurers, or minimum permanent surplus for mutuals. The commissioner may not is…

31A-4-105.5. Deposit required from foreign insurers. (1) Foreign insurers operating under, shall maintain a deposit in the amount of the insurer's minimum required capital for stock insurers, or minimum required permanent surplus for mutual insurers. Chapter 14, Foreign Insurers …

31A-4-106. Provision of health care. (1) As used in this section, "health care provider" has the same definition as in Section. 78B-3-403 (2) Except under Subsectionor, unless authorized to do so or employed by someone authorized to do so under,,,, or, a person may not: (3) (4) C…

31A-4-106.5. Medical retainer agreements. (1) For purposes of this section: "Medical retainer agreement" means a written contract: between: except as provided in Subsection, a natural person or a professional corporation, alone or with others professionally associated with the na…

31A-4-107. Other business. (1) As used in this section, "business reasonably incidental to insurance business" includes: in the case of an insurer authorized to transact title insurance: preparing or selling abstracts of title and related documents; and providing escrow services …

31A-4-107.5. Penalty for failure of a regulated health insurance entity to fulfill duties related to state claims for Medicaid payment or recovery. (1) For purposes of this section, "regulated health insurance entity" means a health insurance entity, as defined in Section, that i…

31A-4-108. Power to hold property in other than own name. (1) An insurer shall hold all investments and deposits of its funds in its own name except: securities: kept under a custodial agreement or trust arrangement with one of the following approved by the commissioner: a bank; …

31A-4-109. Insurers as fundholders. All of an insurer's assets shall be held, invested, and disbursed for the use and benefit of the insurer. No policyholder, member, or beneficiary may have or acquire individual rights in these assets or become entitled to an apportionment or th…

31A-4-110. Duty of insurers to report abandoned property. All insurers doing business in Utah shall report under Sectionany property presumed abandoned under.

31A-4-111. Authority to insure with certain insurers. A person, government, governmental agency, state, political subdivision of the state, public or private corporation, board, association, estate, trustee, or fiduciary may purchase nonassessable policies of insurance issued by …

31A-4-112. Political activities. (1) , applies to the lobbying efforts of every person subject to regulation under this title. Title 36, Chapter 11, Lobbyist Disclosure and Regulation Act (2) Except insurers with excess surplus, an insurer doing business in Utah may not directly …

31A-4-113. Annual and quarterly statements. (1) Each authorized insurer shall annually, on or before March 1, file with the commissioner and the NAIC a true statement of the authorized insurer's financial condition, transactions, and affairs as of December 31 of the preceding yea…

31A-4-113.5. Filing requirements -- National Association of Insurance Commissioners. (1) Each domestic, foreign, and alien insurer who is authorized to transact insurance business in this state shall annually file with the NAIC: a copy of the insurer's: annual statement conventio…

31A-4-114. Powers of a reciprocal insurer and interinsurance exchange. (1) Every reciprocal insurer or interinsurance exchange may: purchase, receive, own, hold, and lease its property; mortgage, pledge, or encumber its property by deed of trust or otherwise; and manage and sell …

31A-4-115. Plan of orderly withdrawal. (1) As used in this section, a "line of insurance" means: a general line of authority; a general line of insurance; a limited line insurance; the small employer group health benefit plan market when there is a discontinuance of all small emp…