Title 31A, Title 31A: Insurance Code

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, a credit for reinsurance ceded under Sectionoris not allowed unless, in addition to meeting the requirements of Sectionor, the reinsurance agreement provides in substance that if the ceding insurer is insolvent, the re…

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

31A-22-1203. Right of reinsurer to defend claim. A reinsurance contract may provide that the receiver of a ceding insurer shall, within a specified or reasonable time after the claim is filed in court or in the receivership, give written notice to an assuming reinsurer of all or …

31A-22-1204. Approval required for bulk insurance. Reinsurance credit is not allowed to a domestic insurer for reinsurance ceded when such reinsurance constitutes all or substantially all of the insurance in force of the domestic insurer, unless the agreement purporting to transf…

31A-22-1300. Aircraft public liability insurance. Policies containing aircraft public liability insurance coverage for an aircraft shall include minimum coverage of: (1) $50,000 per person for bodily injury or death in any one accident; (2) $50,000 for property damage in any one …

31A-22-1301. Liability insurance for armored car companies and contract security companies. Sectionapplies to liability insurance for armored car companies and contract security companies.

31A-22-1302. Insurance requirements for vehicles of unusual physical nature. Sectionapplies to the insurance requirements for vehicles of an unusual physical nature.

31A-22-1303. Liability insurance for motor carriers. Motor carrier safety regulations adopted under Sectionspecify liability insurance for motor carriers.

31A-22-1305. Persons authorized to issue annuities. No person may issue an annuity to another person unless the issuer is: (1) an insurer authorized to issue annuities under,, or; Chapter 5, Domestic Stock and Mutual Insurance Corporations Chapter 9, Insurance Fraternals Chapter …

31A-22-1306. Transition provision for existing policy forms. Insurance policy forms need not conform to the requirements of this chapter until July 1, 1987. However, insurance policies issued after July 1, 1986, are subject to Section.

31A-22-1307. Use of consumer reports by residential dwelling liability insurers. (1) An insurer who uses consumer reports in connection with the underwriting of residential dwelling liability insurance shall establish and adhere to written procedures that: identify the circumstan…

31A-22-1308. Use of loss history by insurers. (1) For purposes of this section: "Adverse eligibility or rate decision" means: declining insurance coverage; terminating insurance coverage; not renewing insurance coverage; or the charging of a higher rate for insurance coverage. "L…

31A-22-1309. Return of unearned premium upon cancellation of errors and omissions insurance. (1) As used in this section, "unearned premium" means the amount of the premium that is collected by the insurer in excess of premium earned as of the date of the cancellation of the erro…

31A-22-1310. Insuring wildland urban interface property. (1) As used in this section: "High risk wildland urban interface property" means the same as that term is defined in Section. 65A-8-401 "Wildland urban interface" means the same as that term is defined in Section. 65A-8-401…

31A-22-1401. Application. (1) The requirements of this part apply to individual policies and to group policies and certificates marketed in this state on or after July 1, 2001. (2) Entities subject to this part shall comply with other applicable insurance laws and rules unless th…

31A-22-1402. Definitions. Unless the context requires otherwise, the following definitions apply in this part: (1) "Applicant" means: in the case of an individual long-term care insurance policy, the person who seeks to contract for benefits; and in the case of a group long-term …

31A-22-1403. Filing required for policies issued in another state. Group long-term care insurance coverage may not be offered to a resident of this state under a group policy issued in another state unless the policy and certificate have been filed with the commissioner.

31A-22-1404. Rulemaking authority. The commissioner may adopt rules that may permit or include: (1) the increase of benefits over time; (2) standards for full and fair disclosure of the manner, content, and required disclosures for the sale of long-term care insurance policies; (…

31A-22-1405. Restrictions on terms of coverage. No long-term care insurance policy may: (1) be canceled, nonrenewed, or otherwise terminated on the grounds of the age or the deterioration of the mental or physical health of the insured individual or certificate holder; (2) contai…

31A-22-1406. Preexisting conditions. (1) A long-term care insurance policy or certificate may not use a definition of a preexisting condition which is more restrictive than the following: "Preexisting condition means a condition for which medical advice or treatment was recommend…

31A-22-1407. Restricted conditional terms. (1) A long-term care insurance policy may not contain a provision that conditions eligibility: for any benefits on a prior hospitalization requirement; for benefits provided in an institutional care setting on the receipt of a higher lev…

31A-22-1408. Right of return -- Notice. Individual long-term care insurance policyholders and certificate holders other than employee and labor union certificate holders have the right to return the policy within 30 days of its delivery and to have the premium refunded if the pol…

31A-22-1409. Statements of coverage. (1) An outline of coverage shall be delivered to a prospective applicant for long-term care insurance at the time of initial solicitation through means which prominently direct the attention of the applicant to the document and its purpose. (2…

31A-22-1410. Report to policyholder. A monthly report shall be provided to the policyholder any time a long-term care benefit funded through a life insurance vehicle by the acceleration of the death benefit is in benefit payment status. The report shall include: (1) any long-term…

31A-22-1411. Incontestability period. (1) For a policy or certificate that has been in force for less than six months, an insurer may rescind a long-term care insurance policy or certificate upon a showing of misrepresentation that is material to the acceptance for coverage. (2) …

31A-22-1412. Nonforfeiture benefits. (1) A long-term care insurance policy or certificate may not be delivered or issued for delivery in this state unless the policyholder or certificate holder has been offered the option of purchasing a policy or certificate including a nonforfe…

31A-22-1413. Claim information. If a claim under a long-term care insurance contract is denied, within 60 days of the date a written request by the policyholder or a representative of a policyholder is filed with the insurer, the insurer shall: (1) provide a written explanation o…

31A-22-1414. Marketing. A policy or rider shall comply with this part if it is advertised, marketed, or offered as: (1) long-term care insurance; or (2) nursing home insurance.

31A-22-1415. Living organ donor coverage. (1) For the purposes of this section, "living organ donor" means the same as that term is defined in Section. 31A-22-655 (2) An insurer may not: deny eligibility for coverage or limit coverage of a individual under a long-term care insura…

31A-22-1501. Definitions. As used in this part: (1) "Motorboat" has the same meaning as defined under Section. 73-18c-102 (2) "Motorboat business" means a motorboat sales agency, repair shop, service station, storage garage, or public marina. (3) "Operator" has the same meaning a…

31A-22-1502. Motorboat liability coverage. (1) A liability insurance policy purchased to satisfy the owner's or operator's security requirement of Sectionshall: 73-18c-301 name the motorboat owner or operator in whose name the policy was purchased, state that named insured's addr…

31A-22-1503. Motorboat liability policy minimum limits. Policies containing motorboat liability coverage may not limit the insurer's liability under that coverage below the following: (1) $25,000 because of liability for bodily injury to or death of one person, arising out of the…

31A-22-1504. Mandatory coverage. (1) A rental company shall provide its renters with primary coverage meeting the requirements of. Title 73, Chapter 18c, Financial Responsibility of Motorboat Owners and Operators Act (2) All coverage shall include primary defense costs and may no…

31A-22-1601. Title. This part is known as the "Genetic Testing Restrictions on Insurers Act."

31A-22-1602. Genetic testing restrictions. Except as provided under Section, with respect to a matter related to genetic testing and private genetic information, an insurer shall comply with the applicable provisions of, including Section.

31A-22-1701. Title -- Scope of part. (1) This part is known as the "Property and Casualty Certificate of Insurance Act." (2) Except as provided in Subsection, this part applies to a certificate of insurance issued on or after May 10, 2011, as evidence of insurance coverage on pro…

31A-22-1702. Definitions. Notwithstanding Section, as used in this part: (1) "Certificate holder" means a person who: requests, obtains, or possesses a certificate of insurance; and is not a policyholder. (2) "Certificate of insurance" means a document that is prepared for or iss…

31A-22-1703. Filing of form. (1) Notwithstanding Section, a person may not: 31A-21-201 prepare, issue, or request the issuance of a certificate of insurance unless the certificate of insurance form is filed with the commissioner; or modify a filed certificate of insurance form un…

31A-22-1704. Scope of certificate of insurance. (1) A certificate of insurance is not an insurance policy and does not affirmatively or negatively amend, extend, or alter the coverage afforded by an insurance policy to which a certificate of insurance refers. (2) A certificate of…

31A-22-1705. False or misleading practices. (1) A person may not knowingly request or require the issuance of a certificate of insurance from an insurer, insurance producer, or policyholder that contains false or misleading information concerning an insurance policy to which the …

31A-22-1706. Notice of cancellation, nonrenewal, or material change. (1) A certificate holder only has a right to a notice of cancellation, nonrenewal, a material change, or to a similar notice if the certificate holder has rights to the notice under the terms of the insurance po…

31A-22-1707. Enforcement -- Rulemaking. (1) A certificate of insurance or other document that is prepared, issued, or requested in violation of this part is void. (2) The commissioner may bring action in accordance with Sectionand, for a violation of this part. 31A-2-308 Title 63…

31A-22-1801. Title. This part is known as the "Portable Electronics Insurance Act."