Title 31A, Insurance Code

31A-21-307. Other insurance. (1) When two or more policies promise to indemnify an insured against the same loss without intending cumulative coverage, no "other insurance" provisions of the policies may reduce the aggregate protection of the insured below the lesser of the actua…

31A-21-308. Limitations on loss to be borne by insurer. (1) An insurance policy indemnifying an insured against loss may by clear language limit the part of the loss to be paid by the insurer to a specified or determinable maximum amount, to loss in excess of a specified or deter…

31A-21-309. Nonwaiver clause. An insurer may insert a provision in any insurance policy that no change in the policy is valid unless approved by an executive officer of the insurer, or unless the approval is endorsed on the policy or attached to it, or both, and that no agent has…

31A-21-310. Dividends on policies. (1) Section 31A-22-418 applies to life insurance and annuities. (2)(a) An insurer may distribute a portion of surplus attributable to policies other than life insurance or annuities, in amounts and with classifications the board of directors det…

31A-21-311. Delivery of policy or certificate. (1)(a) An insurer issuing an individual or group life insurance policy or an accident and health insurance policy shall deliver a copy of the policy to the policyholder as soon as practicable but no later than 90 days after the day o…

31A-21-312. Notice and proof of loss. (1) Every insurance policy shall provide that: (a) when notice of loss is required separately from proof of loss, notice given by or on behalf of the insured to any authorized agent of the insurer within this state, with particulars sufficien…

31A-21-313. Limitation of actions. (1)(a) A person shall commence an action on a written policy or contract of first party insurance within three years after the inception of the loss except as provided in: (i) Subsection 31A-22-305(11); and (ii) Subsection 31A-22-307(7). (b) The…

31A-21-314. Prohibited provisions. (1) As used in this section: (a) "Reserving discretionary authority" means a policy provision that: (i) has the effect of conferring discretion on an insurer, or other claim administrator, to: (A) determine eligibility for benefits; or (B) inter…

31A-21-315. Refund of canceled health insurance premiums and Medicare supplement insurance premiums. (1) As used in this section, "unearned amount of the collected premium" means the amount of the collected premium applicable to the unexpired portion of the time period to which t…

31A-21-316. Electronic notices and documents. (1) As used in this section: (a) "Delivered by electronic means" includes: (i) delivery to an electronic mail address at which a party has consented to receive a notice or document; or (ii) posting on an electronic network or site acc…

31A-21-401. Scope and construction of part. This part applies to all mass marketed life or accident and health insurance, notwithstanding Subsection 31A-1-103(3). This part may not be construed to limit the application of other provisions of this title to insurers effecting mass …

31A-21-402. Definitions. As used in this part, "mass marketed life or accident and health insurance" means the insurance under any individual, franchise, group, or blanket insurance policy offering life or accident and health insurance: (1) that is offered by means of direct resp…

31A-21-403. Orders terminating effectiveness of policies. Upon the commissioner's order, no mass marketed life or accident and health insurance issued by an insurer may continue to be effected on persons in this state. The commissioner may issue an order under this section only i…

31A-21-404. Out-of-state insurers. Notwithstanding Subsection 31A-1-103(3)(h), an insurer extending mass marketed life or accident and health insurance under a group insurance policy issued outside of this state to residents of this state or a blanket insurance policy issued outs…

31A-21-501. Definitions. For purposes of this part: (1) "Applicant" means: (a) in the case of an individual life or accident and health policy, the person who seeks to contract for insurance benefits; or (b) in the case of a group life or accident and health policy, the proposed …

31A-21-501. Definitions. As used in this part: (1) "Applicant" means: (a) in the case of an individual life or accident and health policy, the person who seeks to contract for insurance benefits; or (b) in the case of a group life or accident and health policy, the proposed certi…

31A-21-502. Scope of part. This part applies to only life and accident and health insurance.

31A-21-503. Discrimination based on domestic violence or child abuse prohibited. (1) Except as provided in Subsection (2), an insurer of life or accident and health insurance may not consider whether an insured or applicant is the subject of domestic abuse as a factor to: (a) ref…

31A-21-504. Investigation -- Use of information used -- Disclosure. (1) An insurer may not ask an insured or applicant or use any other means to determine whether the insured or applicant is the subject of domestic abuse. (2) If an insured or applicant voluntarily discloses to th…

31A-21-505. Limit on liability. An insurer that issues a life or accident and health insurance policy to an individual who is the subject of domestic abuse is not liable civilly or criminally for the death of or any injuries to the insured as a result of domestic violence or chil…

31A-21-506. Enforcement -- Private rights. (1) An insurer that violates this part is subject to any penalty permitted under this title. (2) This part does not: (a) create a private right of action for a violation of this part; or (b) limit or impair the right of an individual to …

31A-22-1001. Obligation to write workers' compensation insurance. (1) As used in this section, "Workers' Compensation Fund" means the mutual corporation that is the successor to the quasi-public corporation created under Chapter 33, Workers' Compensation Fund, which is the chapte…

31A-22-1002. Duration of coverage. (1) Any insurer assuming a workers' compensation risk shall carry it until the policy is canceled, either: (a) by agreement between the Division of Industrial Accidents in the Labor Commission, the insurer, and the employer; or (b) after: (i) no…

31A-22-1003. Comprehensive coverage. Every insurance policy covering the liability of an employer under Title 34A, Chapter 2, Workers' Compensation Act, shall cover all types of workers' compensation benefits required to be provided under that chapter. This section does not precl…

31A-22-1004. Direct enforcement by employees. All workers' compensation insurance policies shall contain a provision that employees may enforce, in their own names, the liability of the insurer.

31A-22-1005. Payment as bar to recovery. Payment of compensation under a workers' compensation insurance policy, whether in whole or in part, by either the employer or the insurer, bars recovery by the employee or the employee's dependents to the extent of the payment.

31A-22-1006. Insurer's constructive knowledge. Every workers' compensation policy or contract shall contain a provision that, as between the employee and the insurer, notice to or knowledge of the occurrence of the injury on the part of the employer is considered to be notice or …

31A-22-1007. Employer's insolvency. Every workers' compensation policy or contract shall contain a provision that the insolvency of the employer and the employer's discharge does not relieve the insurer from the payment of compensation for injuries or death sustained by an employ…

31A-22-1008. Employer's breach of safety rules. No condition in a workers' compensation policy requiring the insured employer to comply with certain safety rules may excuse the workers' compensation insurer from paying the required benefits to an employee injured as a result of t…

31A-22-1009. Other applicable provisions. Workers' compensation insurance contracts are subject to any applicable requirements of Title 34A, Chapter 2, Workers' Compensation Act.

31A-22-101. Scope of part. This Part 1, Contracts of Suretyship, applies to those suretyship obligations that are subject to Chapter 21, Insurance Contracts in General, and this chapter under Section 31A-21-101.

31A-22-1010. Workers' compensation deductible policies. (1) An insurer authorized to transact the business of workers' compensation in this state may issue a workers' compensation insurance policy that provides for the insured to participate in the payment of the insurance claims…

31A-22-1012. Workers' compensation insurance availability. (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules to monitor the following related to employers who can only obtain workers' compensation insurance pursuant t…

31A-22-1014. Conversion of Workers' Compensation Fund to mutual insurance corporation. (1) As used in this section, "Workers' Compensation Fund" means the mutual corporation that is the successor to the quasi-public corporation created under Chapter 33, Workers' Compensation Fund…

31A-22-1016. Workers' compensation coverage for medical cannabis operations. A licensed and admitted workers' compensation insurer may issue coverage to: (1) a cannabis production establishment as defined in Section 4-41a-102; or (2) a medical cannabis pharmacy as defined in Sect…

31A-22-1017. Attestation required. (1) As used in this section, "zero estimated exposure policy" means a policy of insurance that an employer obtains to cover the employer's liability to pay compensation under Title 34A, Chapter 2, Workers' Compensation Act, or Title 34A, Chapter…

31A-22-102. Bonds need not be under seal. Under this code, no suretyship obligation is required to be under seal.

31A-22-103. Validity of surety bonds. (1) An undertaking to stand as surety which is issued by an insurer authorized to do a surety business in this state is complete compliance with any qualification requirement in Utah law respecting surety bonds. This undertaking is acceptable…

31A-22-104. Indemnity agreements and security for benefit of surety. (1) Any insurer authorized to do a surety business may contract with any person, including a principal debtor under a suretyship obligation, for indemnity or security to protect the surety against losses. No ind…

31A-22-105. Common control of fiduciary funds permissible. Any fiduciary from whom a bond, undertaking, or other obligation is required may agree and arrange with the fiduciary's sureties for the deposit for safekeeping of any and all assets for which the fiduciary is responsible…

31A-22-106. Petition of fiduciary's surety to be relieved from liability. Any surety securing others against losses caused by breach of duty by a fiduciary, herein called "principal," may petition the court where the surety's obligation is filed or which has jurisdiction over the…

31A-22-107. Bond premium allowable expense of fiduciary. Any fiduciary required by law, or the court in providing a surety to secure the fiduciary's performance, may include as part of the expense of executing the fiduciary responsibility a reasonable premium paid to a surety for…

31A-22-1101. Combination of lines. (1) Legal expense insurance may be transacted alone or together with life insurance, accident and health insurance, or casualty insurance. (2) An insurer may not transact liability insurance and also issue legal expense insurance policies provid…

31A-22-1102. Policy and certificate forms. (1) Legal expense insurance may be written as individual, group, blanket, or franchise insurance. Each contractual obligation for legal expense insurance shall be evidenced by a policy. Each person insured under a group policy shall be i…

31A-22-1201. Assumption agreement. (1) Subject to Subsection (2), a credit for reinsurance ceded under Section 31A-17-404 or 31A-17-404.1 is not allowed unless, in addition to meeting the requirements of Section 31A-17-404 or 31A-17-404.1, the reinsurance agreement provides in su…

31A-22-1202. Other reinsurance contracts. (1) If there is no assumption agreement under Subsection 31A-22-1201(2), the reinsurer's sole obligation is to the ceding insurer. (2) No guaranty fund, security fund, or any other person, except the estate of the ceding insurer, has a cl…