reglab/housing_qa huggingface dataset:
UT Code § 31A-23a-203.5 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 23a - Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries|Part 2 - Producers and Consultants|Section 203.5 - Errors and omissions coverage requirements.

 Effective 5/12/2015  31A-23a-203.5. Errors and omissions coverage requirements.    (1) In accordance with this section, a resident individual producer shall ensure that the resident individual producer is covered:   (a) for the legal liability of the resident individual producer as the result of an erroneous act or failure to act in the resident individual producer's capacity as a producer; and     (b) at all times during the term of the resident individual producer's license.       (2) The coverage required by Subsection (1) shall consist of:   (a) a policy naming the resident individual producer;     (b) a policy naming the agency that designates the resident individual producer in accordance with this chapter; or     (c) a written agreement by an insurer or group of affiliated insurers, on behalf of a resident individual producer who is or will become an exclusive agent of the insurer or group of affiliated insurers, under which the insurer or group of affiliated insurers agrees to assume responsibility, to the benefit of an aggrieved person, for legal liability of the resident individual producer as the result of an erroneous act or failure to act in the resident individual producer's capacity as a producer for the insurer or group of affiliated insurers.       (3) The commissioner may, by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, provide for:   (a) the terms and conditions of the coverage required under Subsection (1); and     (b) if the coverage required by Subsection (1) is terminated during a resident individual producer's license term, requirements to:   (i) provide notice; and     (ii) replace the coverage.         (4) An individual title insurance producer is considered to be in compliance with this section when:   (a) the individual title insurance producer who is not designated by an agency title producer maintains the individual title insurance producer's own bond, policy, or other financial protection in accordance with Subsection 31A-23a-204(2);     (b) the individual title insurance producer is designated by an agency title insurance producer that maintains a bond, policy, or other financial protection in accordance with Subsection 31A-23a-204(2); or     (c) the individual title insurance producer is an employee of and is appointed by a title insurer.       (5) Notwithstanding the other provisions of this section, a resident individual producer is exempt from the requirement to maintain coverage as provided in this section during a period in which the resident individual producer is not either:   (a) appointed by an insurer under this title; or     (b) designated by an agency under this title.       (6) A limited lines producer is exempt from this section.    Amended by Chapter 312, 2015 General Session
UT Code § 31A-23a-205 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 23a - Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries|Part 2 - Producers and Consultants|Section 205 - Special requirements for bail bond producers and bail bond enforcement agents.

 Effective 5/12/2020  31A-23a-205. Special requirements for bail bond producers and bail bond enforcement agents.    (1) As used in this section, "bail bond producer" and "bail enforcement agent" have the same definitions as in Section 31A-35-102.     (2) A bail bond producer may not operate in this state without an appointment from one or more authorized bail bond surety insurers or licensed bail bond companies.     (3) A bail bond enforcement agent may not operate in this state without an appointment from one or more licensed bail bond producers.    Amended by Chapter 32, 2020 General Session
UT Code § 31A-23a-206 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 23a - Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries|Part 2 - Producers and Consultants|Section 206 - Special requirements for variable contracts line of authority.

 Effective 5/10/2016  31A-23a-206. Special requirements for variable contracts line of authority.    (1) Before applying for a variable contracts line of authority:   (a) a producer shall be licensed under Section 61-1-3 as a:   (i) broker-dealer; or     (ii) broker-dealer agent; and       (b) a consultant shall be licensed under Section 61-1-3 as an:   (i) investment adviser; or     (ii) investment adviser representative.         (2) A producer's or consultant's variable contracts line of authority is canceled on the day the producer's or consultant's securities related license under Section 61-1-3 is no longer active.    Amended by Chapter 138, 2016 General Session
UT Code § 31A-23a-207 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 23a - Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries|Part 2 - Producers and Consultants|Section 207 - Registration of motor club agents.

31A-23a-207. Registration of motor club agents.    (1) Subsection 31A-23a-103(1) does not apply to persons who sell no insurance products other than motor club service contracts, if those contracts provide only for those services described in Subsections 31A-11-102(1)(b) through (1)(f), and personal accident insurance provided automatically with the purchase of the motor club contract.     (2) Section 31A-11-110 applies to those persons in Subsection (1).     (3) Subsection 31A-23a-103(1) applies to persons selling motor club contracts providing services in addition to those described under Subsections 31A-11-102(1)(b) through (1)(f).    Renumbered and Amended by Chapter 298, 2003 General Session
UT Code § 31A-23a-208 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 23a - Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries|Part 2 - Producers and Consultants|Section 208 - Producer and agency authority in health insurance exchange.

 Effective 5/8/2018  31A-23a-208. Producer and agency authority in health insurance exchange.  A producer or agency licensed under this chapter, with a line of authority that permits the producer or agency to sell, negotiate, or solicit accident and health insurance, is authorized to sell, negotiate, or solicit qualified health plans offered on a health insurance exchange. Amended by Chapter 319, 2018 General Session
UT Code § 31A-23a-301 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 23a - Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries|Part 3 - Agencies|Section 301 - Agency license.

31A-23a-301. Agency license.  An insurance organization shall be licensed as an agency if the insurance organization acts as:  (1) a producer;     (2) a surplus lines producer;     (3) a limited line producer;     (4) a consultant;     (5) a managing general agent; or     (6) a reinsurance intermediary.    Amended by Chapter 253, 2012 General Session
UT Code § 31A-23a-401 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 23a - Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries|Part 4 - Marketing Practices|Section 401 - Disclosure of conflicting interests.

31A-23a-401. Disclosure of conflicting interests.    (1)   (a) Except as provided under Subsection (1)(b):   (i) a licensee under this chapter may not act in the same or any directly related transaction as:   (A) a producer for the insured or consultant; and     (B) producer for the insurer; and       (ii) a producer for the insured or consultant may not recommend or encourage the purchase of insurance from or through an insurer or other producer:   (A) of which the producer for the insured or consultant or producer for the insured's or consultant's spouse is an owner, executive, or employee; or     (B) to which the producer for the insured or consultant has the type of relation that a material benefit would accrue to the producer for the insured or consultant or spouse as a result of the purchase.         (b) Subsection (1)(a) does not apply if the following three conditions are met:   (i) Prior to performing the consulting services, the producer for the insured or consultant shall disclose to the client, prominently, in writing:   (A) the producer for the insured's or consultant's interest as a producer for the insurer, or the relationship to an insurer or other producer; and     (B) that as a result of those interests, the producer for the insured's or the consultant's recommendations should be given appropriate scrutiny.       (ii) The producer for the insured's or consultant's fee shall be agreed upon, in writing, after the disclosure required under Subsection (1)(b)(i), but before performing the requested services.     (iii) Any report resulting from requested services shall contain a copy of the disclosure made under Subsection (1)(b)(i).         (2) A licensee under this chapter may not act as to the same client as both a producer for the insurer and a producer for the insured without the client's prior written consent based on full disclosure.     (3) Whenever a person applies for insurance coverage through a producer for the insured, the producer for the insured shall disclose to the applicant, in writing, that the producer for the insured is not the producer for the insurer or the potential insurer. This disclosure shall also inform the applicant that the applicant likely does not have the benefit of an insurer being financially responsible for the conduct of the producer for the insured.     (4) If a licensee is subject to both this section and Subsection 31A-23a-501(4), the licensee shall provide the disclosure required under each statute.    Amended by Chapter 12, 2009 General Session
UT Code § 31A-23a-403 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 23a - Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries|Part 4 - Marketing Practices|Section 403 - Inherent unsuitability.

31A-23a-403. Inherent unsuitability.    (1) If the commissioner finds after a hearing that a certain type of accident and health insurance, life insurance, or annuity product is inherently unsuitable for persons of certain ages or in certain conditions of health, the commissioner shall make a rule declaring the accident and health insurance, life insurance, or annuity product as inherently unsuitable for persons of certain ages or in certain conditions of health.     (2) An accident and health insurance, life insurance, or annuity product that is subject to the rule may not be sold to a person for whom the product has been determined as inherently unsuitable unless that person purchasing the product signs a receipt acknowledging having received a statement that expresses that the product has been determined by the commissioner to be inherently unsuitable for persons of certain ages or in certain conditions of health.     (3) Unless the insurer or its appointed licensee establishes that its sale of coverage is inconsistent with the rule made under Subsection (1) is due to excusable neglect, the purchaser may treat the sale as voidable, if acted upon by the insured within a two-year period from the date of sale.    Renumbered and Amended by Chapter 298, 2003 General Session
UT Code § 31A-23a-405 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 23a - Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries|Part 4 - Marketing Practices|Section 405 - Insurer liability.

31A-23a-405. Insurer liability.    (1) As used in this section, "insurer" includes bail bond surety companies as defined in Section 31A-35-102.     (2) There is a rebuttable presumption that every insurer is bound by any act of its appointed licensee performed in this state that is within the scope of the appointed licensee's actual (express or implied) or apparent authority, until the insurer has canceled the appointed licensee's appointment and has made reasonable efforts to recover from the appointed licensee its policy forms and other indicia of agency. Reasonable efforts include a formal demand in writing for return of the indicia, and notice to the commissioner if the appointed licensee does not promptly comply with the demand. This Subsection (2) neither waives any common law defense available to insurers, nor precludes the insured from seeking redress against the appointed licensee individually or jointly against the insurer and licensee.     (3) When a licensee under this chapter with authority to bind more than one insurer on a particular risk agrees to bind coverage on a particular risk, but fails to outwardly indicate the insurer with which the risk is placed, and before the risk is placed with a particular insurer a loss occurs, if there is no conclusive admissible evidence indicating the insurer with which the licensee exercised his binding authority, a court may equitably apportion the loss among all insurers with which the licensee had binding authority as to the particular type of risk.    Renumbered and Amended by Chapter 298, 2003 General Session
UT Code § 31A-23a-406.5 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 23a - Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries|Part 4 - Marketing Practices|Section 406.5 - Conduct of escrow.

31A-23a-406.5. Conduct of escrow.    (1) Only an escrow agent or a title insurer in compliance with Subsection 31A-4-107(1)(a) and Section 31A-14-211 shall conduct escrow.     (2) Subsection (1) does not limit or expand the authority granted to:   (a) a person defined as an escrow agent in Section 7-22-101;     (b) a person licensed to practice law in Utah, if that person meets the requirements of Section 31A-23a-204;     (c) a person licensed under Title 61, Chapter 2f, Real Estate Licensing and Practices Act; or     (d) a person licensed under Title 58, Chapter 55, Utah Construction Trades Licensing Act.      Enacted by Chapter 319, 2013 General Session
UT Code § 31A-23a-407 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 23a - Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries|Part 4 - Marketing Practices|Section 407 - Liability for acts of title insurance producers.

 Effective 5/9/2017  31A-23a-407. Liability for acts of title insurance producers.    (1) Subject to the other provisions in this section, a title insurer that has a contract with or appoints an individual title insurance producer or an agency title insurance producer is liable to a buyer, seller, borrower, lender, or third party that deposits money with the individual title insurance producer or agency title insurance producer for the receipt and disbursement of money deposited with the individual title insurance producer or agency title insurance producer for a transaction when a commitment for a policy of title insurance of that title insurer is ordered, issued, or distributed or a title insurance policy of that title insurer is issued, except that once a title insurer is named in an issued commitment only that title insurer is liable as a title insurer under this section.     (2) The liability of a title insurer under Subsection (1) and the liability of an individual title insurance producer or agency title insurance producer for the receipt and disbursement of money deposited with the individual title insurance producer or agency title insurance producer is limited to the amount of money received and disbursed, not to exceed the amount of proposed insurance set forth in the commitment or title insurance policy described in Subsection (1) plus 10% of the amount of the proposed insurance.      (3) The liability described in Subsection (1) does not modify, mitigate, impair, or affect the contractual obligations between an individual title insurance producer or agency title insurance producer and the title insurer.     (4) The liability of a title insurer with respect to the condition of title to the real property that is the subject of a title insurance policy or a title insurance commitment for a title insurance policy is limited to the terms, conditions, and stipulations contained in the title insurance policy or title commitment.     Amended by Chapter 168, 2017 General Session
UT Code § 31A-23a-408 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 23a - Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries|Part 4 - Marketing Practices|Section 408 - Representations of agency.

31A-23a-408. Representations of agency.  A person may not represent that the person is acting in behalf of an insurer unless a written agency contract is in effect giving the person authority from the insurer and the insurer appoints that person to act in behalf of the insurer.  Amended by Chapter 284, 2011 General Session
UT Code § 31A-23a-411.1 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 23a - Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries|Part 4 - Marketing Practices|Section 411.1 - Person's liability if premium received is not forwarded to the insurer.

 Effective 5/14/2019  31A-23a-411.1. Person's liability if premium received is not forwarded to the insurer.  A person commits insurance fraud as described in Subsection 31A-31-103(1)(g) if that person knowingly fails to forward to the insurer a premium:   (1) received from one of the following in partial or total payment of the premium due from:   (a) an applicant;     (b) a policyholder; or     (c) a certificate holder; or       (2) collected from or on behalf of an insured employee under an insured employee benefit plan.    Amended by Chapter 193, 2019 General Session
UT Code § 31A-23a-413 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 23a - Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries|Part 4 - Marketing Practices|Section 413 - Title insurance producer's annual report.

 Effective 5/12/2015  31A-23a-413. Title insurance producer's annual report.  An agency title insurance producer and an individual title insurance producer who is not an employee of a title insurer or who has not been designated by an agency title insurance producer shall annually file with the commissioner, by a date and in a form the commissioner specifies by rule, a verified statement of the agency title insurance producer's or individual title insurance producer's financial condition, transactions, and affairs as of the end of the preceding calendar year. Amended by Chapter 312, 2015 General Session
UT Code § 31A-23a-414 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 23a - Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries|Part 4 - Marketing Practices|Section 414 - Consultant's duty to report illegal insurance.

31A-23a-414. Consultant's duty to report illegal insurance.  Section 31A-15-110 applies to a consultant's duty to report illegal insurance.  Renumbered and Amended by Chapter 298, 2003 General Session
UT Code § 31A-23a-416 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 23a - Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries|Part 4 - Marketing Practices|Section 416 - Solicitations to loan applicants.

31A-23a-416. Solicitations to loan applicants.    (1)   (a) A person authorized to engage in insurance activities in this state shall prominently disclose in writing the information described in Subsection (1)(b) to a person seeking an extension of credit if:   (i) the person authorized to engage in insurance activities also extends credit directly or through a subsidiary or an affiliate;     (ii) the person requires a customer to obtain insurance in connection with an extension of credit; and     (iii) the person offers to the person seeking an extension of credit the line of credit insurance required in connection with the extension of credit.       (b) The disclosure required by Subsection (1)(a) shall be in a form substantially similar to the following. "You may obtain insurance required in connection with your extension of credit from any insurance producer or approved insurer that sells such insurance. Your choice of insurance provider will not affect our credit decision or your credit terms."     (c) The person shall make the required disclosure under Subsection (1)(a):   (i) at the time of written application for an extension of credit; or     (ii) if there is no written application, before the closing of the extension of credit.         (2) The disclosure required by Subsection (1)(c)(ii) may be in a verbal, electronic, or other unwritten form if a printed disclosure is included with the first printed statement of terms and conditions of the extension of credit sent to the person seeking the extension of credit.     (3) This section does not apply when:   (a) a person is contacting a person in the course of direct or mass marketing to a group of persons in a manner that bears no relation to the person's application for an extension of credit or credit decision; and     (b) an agreement for the extension of credit is changed or extended, if the person who originally sought the extension of credit is not required to purchase new or additional insurance.       (4)   (a) For purposes of this section, "approved insurer" means an insurer that is approved to issue insurance related to the extension of credit by the person that extends the credit.     (b) The commissioner shall make rules establishing standards that govern the approval under Subsection (4)(a) of an insurer by a person that extends credit.      Renumbered and Amended by Chapter 298, 2003 General Session
UT Code § 31A-23a-417 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 23a - Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries|Part 4 - Marketing Practices|Section 417 - Financial services insurance activities regulation.

31A-23a-417. Financial services insurance activities regulation.    (1) It is the intent of the Legislature that the regulation of insurance activities of any person in this state be based on functional regulation principles established in the Gramm-Leach-Bliley Act of 1999, Pub. L. No. 106-102.     (2) The insurance activities of any person in this state shall be functionally regulated by the commissioner subject to Sections 104, 301-308, 501-507, and 509 of the Gramm-Leach-Bliley Act of 1999, Pub. L. No. 106-102.     (3) Under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commissioner may adopt rules consistent with Section 104(d) of the Gramm-Leach-Bliley Act of 1999, Pub. L. No. 106-102, and the functional regulation of insurance activities of any person otherwise subject to the jurisdiction of the commissioner in this state described in Subsection (2).     (4) The commissioner shall consult and coordinate with the commissioner of the Department of Financial Institutions and the director of the Division of Securities for the purpose of assuring, to the extent possible, that the rules prescribed by the department are consistent and comparable with federal regulations governing the insurance, banking, and securities industries.    Amended by Chapter 382, 2008 General Session