Title 31A, Insurance Code

31A-19a-216. Charging of rates. An authorized insurer, licensed insurance producer, employee, other representative of an authorized insurer may not knowingly: (1) charge or demand a rate or receive a premium that departs from the rates, rating plans, classifications, schedules, r…

31A-19a-217. Grievance procedures. (1)(a) An insured affected by a rate may submit a written request for information to the rate service organization or insurer that made the rate. (b) The rate service organization or insurer shall answer a request made under Subsection (1)(a) wi…

31A-19a-218. Appeal from filing. (1)(a) A person aggrieved by a filing that is in effect may apply to the commissioner in writing for a hearing. (b) The application described under Subsection (1)(a) shall: (i) specify the grounds upon which the applicant intends to rely to establ…

31A-19a-301. Operation and control of rate service organizations. (1)(a) A rate service organization may not provide any service relating to statistical collection or the rates of any insurance subject to this chapter unless the organization is licensed under Section 31A-19a-302.…

31A-19a-302. Licensing of rate service organizations. (1) A rate service organization applying for a license shall include with its application: (a) a copy of its constitution, charter, articles of organization, agreement, association, or incorporation, and a copy of its bylaws, …

31A-19a-303. Termination of license. (1) A license issued under this chapter remains in force until: (a) revoked, suspended, or limited under Subsection (2); (b) lapsed under Subsection (3); or (c) surrendered to and accepted by the commissioner. (2)(a) After a hearing, the commi…

31A-19a-304. Probation. (1)(a) In any circumstances that would justify a suspension under Section 31A-19a-303, instead of a suspension, the commissioner may, after a hearing, put the licensee on probation for a specified period not to exceed 12 months from the date of probation. …

31A-19a-305. Anti-competitive agreements prohibited. (1)(a) An insurer may not assume any obligation to any person other than a policyholder or other company under common control, to use or adhere to certain rates or rating procedures. (b) Except for a policyholder or other compa…

31A-19a-306. Insurers and rate service organizations -- Prohibited activity. (1) An insurer or rate service organization may not: (a) attempt to monopolize, or combine or conspire with any other person to monopolize an insurance market; or (b) engage in a boycott of an insurance …

31A-19a-307. Rate service organizations -- Permitted activity. A rate service organization may on behalf of its members and subscribers: (1) develop statistical plans including territorial and class definitions; (2) collect statistical data from: (a) members; (b) subscribers; or …

31A-19a-308. Rate service organizations -- Filing requirements. (1) A rate service organization shall file with the commissioner any of the following that is used in this state: (a) any statistical plan; (b) all prospective loss costs; (c) provisions for special assessments; (d) …

31A-19a-309. Recording and reporting of experience. (1)(a) The commissioner may adopt rules for the development of statistical plans, for use by all insurers in recording and reporting their loss and expense experience, in order that the experience of those insurers may be made a…

31A-19a-401. Scope of part. (1) This part applies to workers' compensation insurance and employers' liability insurance written in connection with workers' compensation insurance. (2) An insurer writing workers' compensation coverage is subject to this part.

31A-19a-402. Purpose. It is the purpose of this part to: (1) establish specific provisions for the filing of workers' compensation rates in addition to those provided in Part 2, General Rate Regulation; (2) provide for review by the department of workers' compensation rate-making…

31A-19a-403. Definitions. As used in this part: (1) "Uniform classification plan," in addition to the definition of "classification system" in Section 31A-19a-102, means a plan: (a) that is consistent between all insurers of classification codes and descriptions; and (b) by which…

31A-19a-404. Designated rate service organization. (1) For purposes of workers' compensation insurance, the commissioner shall designate one rate service organization to: (a) develop and administer the uniform statistical plan, uniform classification plan, and uniform experience …

31A-19a-405. Filing of rates and other rating information. (1)(a) All workers' compensation rates, supplementary rate information, and supporting information shall be filed at least 30 days before the effective date of the rate or information. (b) Notwithstanding Subsection (1)(a…

31A-19a-406. Filing requirements for designated rate service organization. (1) The rate service organization designated under Section 31A-19a-404 shall file with the commissioner the following items proposed for use in this state at least 30 calendar days before the day on which …

31A-19a-407. Cooperation among rating organizations and insurers (1) Notwithstanding Section 31A-19a-305, rate service organizations and insurers may cooperate with each other in rate-making or in other matters within the scope of this part. (2)(a) The commissioner may review the…

31A-19a-408. Procedures for workers' compensation tiered rate filings. (1) Notwithstanding Section 31A-19a-214 and subject to the other provisions of this section, a workers' compensation insurer may file with the commissioner a rate filing for workers' compensation insurance tha…

31A-20-101. Underwriting limitations. (1) No insurer may insure or attempt to insure against: (a) a wager or gaming risk; (b) loss of an election; (c) the penal consequences of a crime; or (d) punitive damages. (2) An insurer may not consider, use, or rely upon the existence, lik…

31A-20-102. Joint underwriting. (1) Every group, association, or other organization of insurers that engages in joint underwriting or joint reinsurance shall file with the commissioner: (a) a copy of its constitution, articles of incorporation, or agreement of association, and it…

31A-20-103. Classifications of insurance. The commissioner may by rule define lines and classes of insurance which are not already defined under Section 31A-1-301. These definitions may be used for any purposes within the commissioner's regulatory power, including: (1) providing …

31A-20-104. Combinations of policies. Except as otherwise provided in this chapter, the commissioner may by rule establish standards for the combination of different coverages in policies and may specify whether premiums shall be separately stated for each.

31A-20-105. Indemnity agreements for surety corporation. In assessing the financial condition of a surety insurer and its underwriting capacity and limits, the commissioner shall take into account the existence of a systematic underwriting practice of indemnity or security arrang…

31A-20-106. Variable contracts. (1)(a) An insurer may not deliver or issue for delivery within this state an insurance policy that provides a life or annuity benefit in a variable amount until the insurer: (i) is licensed to do a life insurance or annuity business in this state; …

31A-20-107. Reinsurance. (1)(a) An authorized insurer writing a nonassessable policy may assume as a reinsurer a risk it may write directly. (b) Subject to Chapter 5, Domestic Stock and Mutual Insurance Corporations, Chapter 6a, Service Contracts, Chapter 6b, Guaranteed Asset Pro…

31A-20-108. Single risk limitation. (1) As used in this section, "single risk" includes all losses reasonably expected as a result of the same event. (2) This section applies to all lines of insurance, including ocean marine and reinsurance, except: (a) title insurance; (b) worke…

31A-20-110. Underwriting rules for title insurance. (1) A title insurance policy may not be written until the title insurer or its individual title insurance producer or agency title insurance producer has conducted a reasonable examination of the title and has made a determinati…

31A-21-101. Scope of Chapters 21 and 22. (1) Except as provided in Subsections (2) through (6), this chapter and Chapter 22, Contracts in Specific Lines, apply to all insurance policies, applications, and certificates: (a) delivered or issued for delivery in this state; (b) on pr…

31A-21-102. Oral contracts of insurance and binders. (1) "Binder" means a writing which describes the subject and amount of insurance and temporarily binds insurance coverage pending the issuance of an insurance policy. "Binder" does not include conditional receipts by life insur…

31A-21-103. Capacity to contract. Any person 16 years of age or older who is otherwise competent to contract under Utah law, and who is not subject to any legal disability, may contract for insurance. If there is a conservator appointed under Title 75, Utah Uniform Probate Code, …

31A-21-104. Insurable interest and consent -- Scope. (1) As used in this chapter: (a) For purposes of this section, "exchange" means an exchange made pursuant to Section 1035, Internal Revenue Code, as may be amended. (b) "Insurable interest" in a person means the following, incl…

31A-21-105. Representations, warranties, and conditions. (1)(a) No statement, representation, or warranty made by any person representing the insurer in the negotiation for an individual or franchise insurance contract affects the insurer's obligations under the policy unless it …

31A-21-106. Incorporation by reference. (1)(a) Except as provided in Subsection (1)(b), an insurance policy may not contain any agreement or incorporate any provision not fully set forth in the policy or in an application or other document attached to and made a part of the polic…

31A-21-107. Contract rights under noncomplying policies. (1) Except as otherwise specifically provided by this title, a policy is enforceable against the insurer according to its terms, even if it exceeds the authority of the insurer. (2) Any insurance policy, rider, or endorseme…

31A-21-108. Subrogation actions. Subrogation actions may be brought by the insurer in the name of its insured.

31A-21-109. Debt cancellation agreements and debt suspension agreements. (1) As used in this section: (a) "Debt cancellation agreement" means a contract between a lender and a borrower where the lender, for a separately stated consideration, agrees to waive all or part of the deb…

31A-21-110. Prohibition against certain use of Social Security number -- Exceptions -- Applicability of section. (1) As used in this section "publicly display or publicly post" means to intentionally communicate or otherwise make available to the general public. (2) An insurer no…

31A-21-111. Insurers to follow terms of policy. Unless otherwise provided by this title, an insurer shall follow the terms of an insurance policy issued or assumed by the insurer.

31A-21-112. Language other than English. (1) An insurer may conduct a transaction in a language other than English through an employee or agent acting as interpreter or through an interpreter provided by the customer. (2)(a) An insurer may provide a customer an insurance policy, …

31A-21-201. Filing of forms. (1)(a) Except as exempted under Subsections 31A-21-101(2) through (6), a form may not be used, sold, or offered for sale until the form is filed with the commissioner. (b) A form is considered filed with the commissioner when the commissioner receives…

31A-21-202. Explicit approval required. (1) The following clauses are disapproved unless the commissioner gives them explicit approval: (a) clauses requiring more expeditious notice of loss or proof of loss than is required by Section 31A-21-312 or rules adopted under that sectio…

31A-21-203. Authorized clauses for insurance forms. (1) The commissioner may not adopt mandatory uniform clauses. However, the commissioner may adopt authorized clauses by rule upon a finding that: (a) price or coverage competition is ineffective because diversity in language or …

31A-21-301. Clauses required to be in a prominent position. (1) The following portions of insurance policies shall appear conspicuously in the policy: (a) as required by Subsections 31A-21-201(3)(a)(iii) and (iv): (i) the exact name of the insurer; (ii) the state of domicile of t…

31A-21-302. Premiums. (1) Subject to Section 31A-21-310 and Subsection 31A-21-106(1), the policy shall clearly state the amount of the total premium or shall explain in detail how it is calculated. Any fee, charge, or other consideration that is not part of the premium shall be d…