Title 31A, Title 31A: Insurance Code

31A-19a-207. Delayed effect of rates. (1) The commissioner may by rule require that insurers in a market segment file with the commissioner any changes in rates or supplementary rate information at least 30 calendar days before they become effective if the commissioner finds, aft…

31A-19a-208. Special restrictions on individual insurers. (1) The commissioner may require by order that a particular insurer file any or all of its rates and supplementary rate information 30 calendar days prior to their effective date, if the commissioner finds, after a hearing…

31A-19a-209. Special provisions for title insurance. (1) The Title and Escrow Commission may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and subject to Section, establishing rate standards and rating methods. 31A-2-404 The commissioner…

31A-19a-210. Dividend and participating plans. (1) This part does not prohibit the distribution by an insurer to a policyholder of any of the following allowed or returned by the insurer: dividends; savings; or unabsorbed premium deposits. Notwithstanding Subsection, an insurer m…

31A-19a-211. Premium rate reduction for seniors -- Motor vehicle accident prevention course -- Curriculum -- Certificate -- Exception. (1) Each rate, rating schedule, and rating manual for the liability, personal injury protection, and collision coverages of private passenger mot…

31A-19a-212. Premium increases prohibited for certain claims or inquiries. (1) Each rate, rating schedule, and rating manual filed for personal lines insurance may not permit a premium increase due to: a telephone call or other inquiry that does not result in the insured requesti…

31A-19a-213. Joint underwriting. Notwithstanding Subsection, insurers participating in joint underwriting associations or joint reinsurance pursuant to Sectionor other arrangements for risk sharing may in connection with such activity act in cooperation with each other in the mak…

31A-19a-214. Rating tiers. (1) An insurer may file with the commissioner a rate filing that provides for a program with more than one rate level in the same company or group of companies if: the program is based, to the extent feasible, upon mutually exclusive underwriting rules …

31A-19a-215. False or misleading information. A person or organization may not: (1) willfully withhold from the commissioner, any rate service organization, or any insurer information that will affect the rates or premiums chargeable under this chapter; or (2) knowingly give fals…

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) An insured affected by a rate may submit a written request for information to the rate service organization or insurer that made the rate. The rate service organization or insurer shall answer a request made under Subsectionwithin 45 calenda…

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

31A-19a-301. Operation and control of rate service organizations. (1) 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 An…

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

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

31A-19a-304. Probation. (1) In any circumstances that would justify a suspension under Section, 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-303 The…

31A-19a-305. Anti-competitive agreements prohibited. (1) 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. Except for a policyholder or other company unde…

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

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: members; subscribers; or any othe…

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: any statistical plan; all prospective loss costs; provisions for special assessments; all supplementar…

31A-19a-309. Recording and reporting of experience. (1) 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 avai…

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, means a plan: 31A-19a-102 that is consistent between all insurers of classification codes and descriptions; and by which like wo…

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

31A-19a-405. Filing of rates and other rating information. (1) 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. Notwithstanding Subsection, on applicat…

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

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

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

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

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 copy of its constitution, articles of incorporation, or agreement of association, and its by…

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

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) 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: is licensed to do a life insurance or annuity business in this state; and sat…

31A-20-107. Reinsurance. (1) An authorized insurer writing a nonassessable policy may assume as a reinsurer a risk it may write directly. Subject to,,,,,,,,,,, and, and to any limitation imposed on a foreign insurer by the law of its domicile, the commissioner may also authorize …

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: title insurance; workers' comp…

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 Subsectionsthrough, this chapter and, apply to all insurance policies, applications, and certificates: (2) (6) Chapter 22, Contracts in Specific Lines delivered or issued for delivery in this state; on property or…

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, the conservator, rather than the per…

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

31A-21-105. Representations, warranties, and conditions. (1) 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 is …

31A-21-106. Incorporation by reference. (1) Except as provided in Subsection, 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 policy at the t…

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.