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UT Code § 31A-1-105 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 1 - General Provisions|Part 1 - Purposes, Scope, and Application|Section 105 - Presumption of jurisdiction.

 Effective 12/31/2017  31A-1-105. Presumption of jurisdiction.    (1) Any insurer that provides coverage of a resident of this state, property located in this state, or a business activity conducted in this state, or that engages in any activity described in Subsections 31A-15-102(2)(a) through (h), is:   (a) doing an insurance business in this state; and     (b) subject to the jurisdiction of the insurance commissioner and the courts of this state under Sections 31A-2-309 and 31A-2-310 to the extent of that coverage or activity.       (2) Any person doing or purporting to do an insurance business in this state as defined in Section 31A-1-301 is subject to the jurisdiction of the insurance commissioner and this title, unless the insurer can establish that the exemptions of Section 31A-1-103 apply.     (3) This section does not limit the jurisdiction of the courts of this state under other applicable law.    Amended by Chapter 363, 2017 General Session
UT Code § 31A-1-106 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 1 - General Provisions|Part 1 - Purposes, Scope, and Application|Section 106 - Residual unlicensed domestic insurers.

31A-1-106. Residual unlicensed domestic insurers.    (1) Every person doing an insurance business in Utah not covered under another section of this title, that does not hold a valid certificate of authority or license under this title shall, by July 1, 1987, complete one of the actions prescribed in Subsections (2) through (5). This section does not apply to an unauthorized foreign insurer doing an insurance business in Utah in full compliance with Section 31A-15-103.     (2) An insurer under Subsection (1) may incorporate and apply, or if already incorporated, may apply for a certificate of authority under Chapter 5, Domestic Stock and Mutual Insurance Corporations, Chapter 7, Nonprofit Health Service Insurance Corporations, Chapter 8, Health Maintenance Organizations and Limited Health Plans, or Chapter 9, Insurance Fraternals. If the commissioner is satisfied that the insurer substantially complies with the requirements of the appropriate chapter necessary for the protection of insureds and the public, the commissioner shall issue a certificate of authority.     (3) An insurer under Subsection (1) may transfer all its obligations to a corporation authorized under this title to assume them, according to a plan approved by the commissioner. The commissioner may disapprove the plan on a finding, after a hearing, that it is contrary to the interests of insureds, the public, or the law.     (4) An insurer under Subsection (1) may adopt a plan to run off existing obligations without accepting any new policyholders or new obligations. The commissioner may disapprove the plan on a finding, after a hearing, that it is contrary to the interests of insureds, the public, or the law.     (5) The commissioner may, by order, exempt an insurer from the requirements of Subsection (1) or extend the deadline under Subsection (1) on a finding that:   (a) incorporation, licensing, reinsurance, or run off would cause disproportionate expense, loss, or substantial hardship; and     (b) the nature of the existing and prospective business, the assets, or the business plan of the insurer can be reasonably expected to continue to operate in a sound manner and can be subjected to adequate regulatory controls.       (6) Whenever the commissioner grants an exemption under Subsection (5), the commissioner shall issue to the insurer a certificate of authority. The commissioner may amend the certificate at any time, specifying the business that the insurer may transact and specifying in detail the controls to which the insurer shall be subject. These controls shall correspond as nearly as practicable to the controls applicable to corporations transacting a like business.     (7) It is a ground for liquidation under Section 31A-27a-207 if an insurer has not completed action under one of Subsections (2) through (4) and has not applied for and been granted exemption under Subsection (5) before July 1, 1987.    Amended by Chapter 340, 2011 General Session
UT Code § 31A-1-107 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 1 - General Provisions|Part 1 - Purposes, Scope, and Application|Section 107 - Licensees under former Title 31.

31A-1-107. Licensees under former Title 31.  Every holder of a license under former Title 31, Insurance, at the time Title 31A, Insurance Code, takes effect shall continue to be a licensee of the Insurance Department, subject to the provisions of this title. If a licensee must make changes in its articles, bylaws, or manner of doing business to be in full compliance with this title, and the transition is not specifically provided for under this title, the licensee shall apply for, and the commissioner shall automatically grant, a reasonable, but determinate, time period to enable the licensee to conform to this title.  Amended by Chapter 204, 1986 General Session
UT Code § 31A-1-108 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 1 - General Provisions|Part 1 - Purposes, Scope, and Application|Section 108 - Corporations in the process of organizing.

31A-1-108. Corporations in the process of organizing.  Corporations in the process of organizing on July 1, 1986, may continue to organize under former Title 31, Insurance. Any corporation so organizing that does not obtain a certificate of authority by July 1, 1987, shall make appropriate refunds and reimbursements to subscribers, incorporators, and creditors in accordance with a plan approved by the commissioner. This plan shall specify the date that the legal existence of the corporation terminates.  Enacted by Chapter 242, 1985 General Session
UT Code § 31A-1-109 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 1 - General Provisions|Part 1 - Purposes, Scope, and Application|Section 109 - Name of licensee.

31A-1-109. Name of licensee.    (1) The name of any licensee who is not a natural person may not be the same as or deceptively similar to the name of any licensee existing under the laws of the state or licensee authorized to transact business in this state.     (2) Notwithstanding Subsection (1), the department may authorize the use of a name that is deceptively similar to the name of a licensee described in Subsection (1) if the name requested is not identical with any name already on file and either:   (a) the owner of the other name consents to the use with the department; or     (b) the department is provided a certified copy of the final judgment of a court of competent jurisdiction establishing the applicant's right to use the name in this state.      Enacted by Chapter 344, 1995 General Session
UT Code § 31A-1-110 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 1 - General Provisions|Part 1 - Purposes, Scope, and Application|Section 110 - Scope of a license.

31A-1-110. Scope of a license.  Unless a license is designated as limited, a license authorizes the person holding the license to transact business for all products within a line of authority.  Enacted by Chapter 298, 2003 General Session
UT Code § 31A-1-201 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 1 - General Provisions|Part 2 - Construction and Interpretation|Section 201 - Construction.

31A-1-201. Construction.    (1) This code shall be liberally construed to achieve the purposes stated in Section 31A-1-102 and under other chapters of the Insurance Code. The statements of purpose shall aid and guide interpretation but are not independent sources of power.     (2) A provision of the Insurance Code relating to a particular kind of insurance or a particular type of insurer prevails over a provision relating to insurance or insurers in general if there is inconsistency between them.    Enacted by Chapter 242, 1985 General Session
UT Code § 31A-1-202 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 1 - General Provisions|Part 2 - Construction and Interpretation|Section 202 - Effect of repeal of former provisions.

31A-1-202. Effect of repeal of former provisions.    (1) The repeal of any statute by this title does not affect any right accrued or established, or any liability or penalty incurred under the repealed statute.     (2) An action or proceeding commenced under any law repealed by this title is not affected by the repeal. However, all procedures followed or sanctions imposed after the repeal of Title 31, Insurance, shall conform to this title as far as possible.    Amended by Chapter 91, 1987 General Session
UT Code § 31A-1-203 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 1 - General Provisions|Part 2 - Construction and Interpretation|Section 203 - Interpretive rules.

31A-1-203. Interpretive rules.  References under Section 31A-1-301 to particular sections do not limit application to those sections but merely indicate a place where a term is especially relevant.  Enacted by Chapter 242, 1985 General Session
UT Code § 31A-1-205 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 1 - General Provisions|Part 2 - Construction and Interpretation|Section 205 - Severability.

31A-1-205. Severability.  If any provision of this title, or the application of any provision of this title to any person or circumstance, is held invalid, the remainder of this title shall be given effect without the invalid provision or application.  Enacted by Chapter 204, 1986 General Session
UT Code § 31A-2-101 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 2 - Administration of the Insurance Laws|Part 1 - The Insurance Department|Section 101 - General duties.

31A-2-101. General duties.  The Insurance Department shall administer the Insurance Code, seeking to achieve the purposes in Section 31A-1-102, and shall perform other duties imposed by law.  Enacted by Chapter 242, 1985 General Session
UT Code § 31A-2-102 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 2 - Administration of the Insurance Laws|Part 1 - The Insurance Department|Section 102 - Appointment, general powers, and duties of commissioner -- Vacancy -- Compensation of commissioner.

 Effective 5/12/2020  31A-2-102. Appointment, general powers, and duties of commissioner -- Vacancy -- Compensation of commissioner.    (1) The chief officer of the department is the insurance commissioner, who may exercise all powers given to, and shall perform all duties imposed on, the Insurance Department. The commissioner shall be appointed by the governor with the advice and consent of the Senate. If the commissioner dies, resigns, or is removed, a successor may be appointed as specified in this subsection. If the Legislature is not then in session, the successor may serve as acting commissioner without advice and consent of the Senate until the Senate has an opportunity to advise and consent to the successor. The commissioner is subject to removal at the pleasure of the governor.     (2) When the office of the commissioner is vacant, or when the commissioner is unable to perform the duties of the office, the governor shall fill the position as provided in Section 67-1-1.5.     (3) The governor shall establish the commissioner's salary within the salary range approved by the Legislature in Title 67, Chapter 22, State Officer Compensation.    Amended by Chapter 352, 2020 General Session
UT Code § 31A-2-103 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 2 - Administration of the Insurance Laws|Part 1 - The Insurance Department|Section 103 - Commissioner's appointees.

 Effective 7/1/2021  31A-2-103. Commissioner's appointees.    (1) The commissioner may appoint up to three persons to assist the commissioner. The commissioner may designate a person appointed under this section as a "deputy," "administrative assistant," "secretary," or any other title chosen by the commissioner.     (2) Persons appointed under this section are exempt from career service status under Section 63A-17-301 and serve at the pleasure of the commissioner.    Amended by Chapter 345, 2021 General Session
UT Code § 31A-2-104 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 2 - Administration of the Insurance Laws|Part 1 - The Insurance Department|Section 104 - Other employees -- Insurance fraud investigators.

 Effective 5/12/2020  31A-2-104. Other employees -- Insurance fraud investigators.    (1) The department shall employ professional, technical, and clerical employees as necessary to carry out the duties of the department.     (2) An insurance fraud investigator employed in accordance with Subsection (1) may as the commissioner approves:   (a) be designated a law enforcement officer, as defined in Section 53-13-103; and     (b) be eligible for retirement benefits under the Public Safety Employee's Retirement System.      Amended by Chapter 32, 2020 General Session
UT Code § 31A-2-105 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 2 - Administration of the Insurance Laws|Part 1 - The Insurance Department|Section 105 - Constitutional oath.

31A-2-105. Constitutional oath.  Before entering upon the duties of his office, the commissioner shall take, subscribe, and file the constitutional oath. If the commissioner takes action in his office before complying with this section, in good faith and without knowledge of this requirement, and the validity of his action is then challenged, that person may take the oath after the action and the oath shall be given retroactive effect to the date on which he began his duties.  Amended by Chapter 305, 1993 General Session
UT Code § 31A-2-106 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 2 - Administration of the Insurance Laws|Part 1 - The Insurance Department|Section 106 - Ethical requirements for Insurance Department staff.

31A-2-106. Ethical requirements for Insurance Department staff.    (1) No employee of the Insurance Department, including the commissioner, may:   (a) make any solicitation for any partisan political purpose or for anything that is not related to the public interest, as it is affected by insurance; or     (b) continue or initiate a monetary relationship, except as policyholder, with an insurance agency or brokerage firm, insurance service organization, insurance adjuster, insurer or person affiliated with an insurer, except that:   (i) a commissioner may receive renewal commissions or other deferred compensation earned before his appointment if this commission or compensation does not require him to personally perform further service;     (ii) a commissioner may continue to be obligated under the terms of a mortgage entered into prior to his appointment; and     (iii) a commissioner may continue to have the beneficial interest in or own stock in an insurer, noninsurance company with insurance subsidiaries, insurance agency, brokerage firm, or insurance service organization acquired before appointment if the commissioner's ownership or interest is not of such total value that the commissioner might receive a substantial monetary benefit by failing to act impartially towards the organization. A partnership interest shall be treated as if it were shares in a corporation.         (2) If the commissioner has any beneficial interest or ownership in an organization outlined under Subsection (1)(b)(iii), or if it is known to the commissioner that his spouse, parent, sibling, or child has an interest in any organization that, if held by the commissioner, would disqualify him from serving as commissioner, he shall disqualify himself from all actions respecting the particular organization. The commissioner shall then delegate a senior staff member who is not also disqualified to act in his place with regard to that organization. There is a rebuttable presumption that the commissioner or the delegate service staff member knows of any disqualifying holdings. The commissioner shall report a disqualification in each annual report to the governor as long as the disqualification continues.     (3) The commissioner shall give the governor at least 10 days written notice of any solicitation to be made by the commissioner or other member of the department staff.     (4) In addition to any other penalty, an employee violating this section may be removed from office.    Amended by Chapter 91, 1987 General Session
UT Code § 31A-2-108 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 2 - Administration of the Insurance Laws|Part 1 - The Insurance Department|Section 108 - Legal services.

31A-2-108. Legal services.    (1) Except as provided in Subsection (4), the commissioner shall call upon the attorney general for the legal counsel and assistance necessary to enforce this title. Upon the commissioner's request, or upon the attorney general's own initiative, the attorney general may hire special legal counsel under Section 67-5-5 to represent the department.     (2) Upon the commissioner's request, or upon the commissioner's own initiative, the attorney general may aid in any investigation, hearing, or other procedure under this title and may institute, prosecute, and defend proceedings relating to the enforcement or interpretation of this title, including any proceeding to which the state, or the commissioner or any employee of the department in an official capacity, is a party or is interested.     (3) The commissioner may refer such evidence as is available concerning violations of this title or of any rule or order under this title to the proper county attorney or district attorney, who may, with or without this reference, institute the appropriate criminal proceedings.     (4) For proceedings authorized by Chapter 27a, Insurer Receivership Act, the commissioner may employ on a contract basis legal counsel other than the attorney general, with the fees, costs, and expenses of the counsel and the attorney general being a class one administrative expense under Section 31A-27a-701.    Amended by Chapter 309, 2007 General Session
UT Code § 31A-2-109 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 2 - Administration of the Insurance Laws|Part 1 - The Insurance Department|Section 109 - Outside consultants.

31A-2-109. Outside consultants.  The department may employ outside consultants on a contract or part-time basis to perform any professional service needed by the department which cannot be performed by regular employees of the department.  Enacted by Chapter 242, 1985 General Session
UT Code § 31A-2-110 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 2 - Administration of the Insurance Laws|Part 1 - The Insurance Department|Section 110 - Official seal and signature.

 Effective 5/12/2020  31A-2-110. Official seal and signature.    (1)   (a) Any statutory or common-law requirement that an official seal be affixed is satisfied by the signature of the commissioner.     (b) However, the commissioner may adopt and use a seal bearing the words "Commissioner of Insurance for Utah," an impression of which shall be filed with the Division of Archives.       (2) Any signature of the commissioner may be in a format that affixes an exact copy of the signature, unless specifically required to be handwritten.    Amended by Chapter 32, 2020 General Session
UT Code § 31A-2-111 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 2 - Administration of the Insurance Laws|Part 1 - The Insurance Department|Section 111 - Delegation.

31A-2-111. Delegation.    (1) Any power, duty, or function vested in the commissioner by law may be exercised, discharged, or performed by an employee of the Insurance Department acting in the commissioner's name and under his delegated authority.     (2) Any person whose own course of action depends in good faith upon proof of the validity of an alleged delegation is not obligated to act until shown a written delegation of the commissioner with the signature of the commissioner or deputy commissioner.    Enacted by Chapter 242, 1985 General Session
UT Code § 31A-2-112 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 2 - Administration of the Insurance Laws|Part 1 - The Insurance Department|Section 112 - Advisory councils and committees.

31A-2-112. Advisory councils and committees.  The commissioner may create advisory councils and committees to assist him. He may appoint members and provide by rule for the creation, governance, duties, and termination of any council or committee established.  Enacted by Chapter 242, 1985 General Session
UT Code § 31A-2-113 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 2 - Administration of the Insurance Laws|Part 1 - The Insurance Department|Section 113 - Supporting services.

 Effective 7/1/2021  31A-2-113. Supporting services.    (1) The Department of Government Operations shall provide suitable offices for the Insurance Department:   (a) in Salt Lake City; and     (b) elsewhere, if approved by the governor as necessary for the efficient operation of the department.       (2) The commissioner shall, in accordance with the rules of the Department of Government Operations or other applicable laws, procure or obtain access to all materials, supplies, and equipment necessary for the efficient operation of the Insurance Department, including reasonable library facilities and books.    Amended by Chapter 344, 2021 General Session
UT Code § 31A-2-201 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 2 - Administration of the Insurance Laws|Part 2 - Duties and Powers of Commissioner|Section 201 - General duties and powers.

 Effective 5/8/2018  31A-2-201. General duties and powers.    (1) The commissioner shall administer and enforce this title.     (2) The commissioner has all powers specifically granted, and all further powers that are reasonable and necessary to enable the commissioner to perform the duties imposed by this title.     (3)   (a) The commissioner may make rules to implement the provisions of this title according to the procedures and requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act.     (b) In addition to the notice requirements of Section 63G-3-301, the commissioner shall provide notice under Section 31A-2-303 of hearings concerning insurance department rules.       (4)   (a) The commissioner shall issue prohibitory, mandatory, and other orders as necessary to secure compliance with this title. An order by the commissioner is not effective unless the order:   (i) is in writing; and     (ii) is signed by the commissioner or under the commissioner's authority.       (b) On request of any person who would be affected by an order under Subsection (4)(a), the commissioner may issue a declaratory order to clarify the person's rights or duties.       (5)   (a) The commissioner may hold informal adjudicative proceedings and public meetings, for the purpose of:   (i) investigation;     (ii) ascertainment of public sentiment; or     (iii) informing the public.       (b) An effective rule or order may not result from informal hearings and meetings unless the requirement of a hearing under this section is satisfied.       (6) The commissioner shall inquire into violations of this title and may conduct any examinations and investigations of insurance matters, in addition to examinations and investigations expressly authorized, that the commissioner considers proper to determine:   (a) whether or not any person has violated any provision of this title; or     (b) to secure information useful in the lawful administration of this title.       (7) The commissioner shall ensure that any training or certification required of a public official or public employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter 22, State Training and Certification Requirements, if the training or certification is required:   (a) under this title;     (b) by the department; or     (c) by an agency or division within the department.      Amended by Chapter 200, 2018 General Session