reglab/housing_qa huggingface dataset:
UT Code § 31A-21-302 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 21 - Insurance Contracts in General|Part 3 - Specific Clauses in Contracts|Section 302 - Premiums.

31A-21-302. Premiums.    (1) Subject to Section 31A-21-310 and Subsection 31A-21-106(1), the policy shall clearly state the amount of the total premium or shall explain in detail how it is calculated. Any fee, charge, or other consideration that is not part of the premium shall be disclosed and explained in writing to the insured. The disclosure and explanation shall be clearly stated either on the policy, or on the insurer's billing to the insured. The premium need not be contained in a certificate issued under a group policy. This Subsection (1) does not preclude premium adjustments or changes upon the renewal or endorsement of an existing policy. However, the renewal or endorsement notice shall contain or be accompanied by a statement of the renewal or endorsement premium or credit.     (2) Except as provided in Chapter 23a, Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries, no person may charge or receive any consideration for the insurance policy which is not stated in Subsection (1).     (3) No person may knowingly collect any excessive amount as a premium or any amount for insurance which is not in the course of processing. Any amount unknowingly collected shall be returned immediately on learning of the mistake. Prepayment of premiums pursuant to the policy is not an excessive collection. Insurance is in the course of processing if an application has been made for it which is being considered by the insurer, even though it has not yet been accepted or rejected.    Amended by Chapter 298, 2003 General Session
UT Code § 31A-21-304 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 21 - Insurance Contracts in General|Part 3 - Specific Clauses in Contracts|Section 304 - Special cancellation provisions.

31A-21-304. Special cancellation provisions.  Whether or not Section 31A-21-303 is also applicable:  (1) Section 31A-21-305 applies to cancellation on request of a premium finance company;     (2) Section 70C-6-304 applies to cancellation upon request of a creditor; and     (3) Sections 41-12a-404 and 41-12a-405 apply to the cancellation or other termination of insurance coverage or of a surety bond after the insurer or surety has provided a certificate of insurance or suretyship to the Department of Public Safety.    Amended by Chapter 91, 1987 General Session
UT Code § 31A-21-306 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 21 - Insurance Contracts in General|Part 3 - Specific Clauses in Contracts|Section 306 - Policies or surety bonds jointly issued.

31A-21-306. Policies or surety bonds jointly issued.  Two or more insurers may together issue a policy or surety bond. Their liability shall be joint and several with respect to the policy or bond. The policy or bond shall state the proportion or amount of premium to be paid to each insurer and, as between the issuing insurers, the type and the proportion or amount of liability each insurer assumes. Service of process on any of the insurers is service on all of them.  Amended by Chapter 204, 1986 General Session
UT Code § 31A-21-307 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 21 - Insurance Contracts in General|Part 3 - Specific Clauses in Contracts|Section 307 - Other insurance.

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 actual insured loss suffered by the insured and the maximum indemnification promised by any policy without regard to any "other insurance" provision.     (2) Subject to Subsection (1), the policies may by their terms define the extent to which each insurance is primary and each is excess, but if the "other insurance" terms of the policies are inconsistent, there is joint and several liability to the insured on any coverage which overlaps and which has inconsistent terms. Subsequent settlement among the insurers does not alter any rights of the insured. The commissioner may adopt rules consistent with this section concerning "other insurance."     (3) This section does not apply to accident and health insurance policies. Refer to Section 31A-22-619 for the coordination of accident and health benefits.    Amended by Chapter 116, 2001 General Session
UT Code § 31A-21-308 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 21 - Insurance Contracts in General|Part 3 - Specific Clauses in Contracts|Section 308 - Limitations on loss to be borne by insurer.

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 determinable amount, to a specified proportion of the loss which may vary with the amount of the loss, or to any combination of these methods. If the policy covers various risks, different limitations may be provided separately for each risk, if the policy clearly states that.     (2) A policy indemnifying an insured against loss of or damage to property may limit the part of the loss to be paid by the insurer to a percentage of the total loss that corresponds to the ratio of the insured sum to a specified percentage of the value of the insured property.    Enacted by Chapter 242, 1985 General Session
UT Code § 31A-21-309 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 21 - Insurance Contracts in General|Part 3 - Specific Clauses in Contracts|Section 309 - Nonwaiver clause.

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 authority to change the policy or waive any of its provisions. This does not preclude a person claiming a right under the policy from relying on waiver or estoppel in an appropriate case.  Enacted by Chapter 242, 1985 General Session
UT Code § 31A-21-310 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 21 - Insurance Contracts in General|Part 3 - Specific Clauses in Contracts|Section 310 - Dividends on policies.

31A-21-310. Dividends on policies.    (1) Section 31A-22-418 applies to life insurance and annuities.     (2) Any 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 determines to be fair and reasonable. This distribution may not be contingent on the renewal of any policy or of premium payments unless the policy stated that limitation when it was written. A schedule explaining the basis for the distribution shall be filed with the commissioner prior to the distribution. The schedule shall be kept confidential by the commissioner unless he finds that the interests of insureds and the public require that it be made public.     (3) Any insurer may distribute surplus to any class of policyholder, even if their policies do not provide for it. A schedule explaining the basis for the distribution shall be filed with the commissioner under Subsection (2) at least 30 days prior to the distribution. The commissioner shall disallow any distribution which is materially unfair to other policyholders or which would place the insurer in a financially hazardous condition.     (4) It is permissible to provide an indivisible dividend to classes of policyholders having more than one type of policy, including a combination of life or annuities with other types of insurance.    Enacted by Chapter 242, 1985 General Session
UT Code § 31A-21-312 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 21 - Insurance Contracts in General|Part 3 - Specific Clauses in Contracts|Section 312 - Notice and proof of loss.

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 sufficient to identify the policy, is notice to the insurer; and     (b) failure to give any notice or file any proof of loss required by the policy within the time specified in the policy does not invalidate a claim made by the insured, if the insured shows that it was not reasonably possible to give the notice or file the proof of loss within the prescribed time and that notice was given or proof of loss filed as soon as reasonably possible.       (2) Failure to give notice or file proof of loss as required by Subsection (1)(b) does not bar recovery under the policy if the insurer fails to show it was prejudiced by the failure. This subsection may not be construed to extend the statute of limitations applicable under Section 31A-21-313.     (3) The insurer shall, on request, promptly furnish an insured any forms or instructions needed to make a proof of loss.     (4) As an alternative to giving notice directly under Subsection (1)(a), it is a sufficient service of notice or of proof of loss if a first class postage prepaid envelope addressed to the insurer and containing the proper notice or proof of loss is deposited in any United States post office within the time prescribed.     (5) The commissioner shall adopt rules dealing with notice of loss and proof of loss time limitations under insurance policies. Under Section 31A-21-202, the commissioner's express approval shall be received before any contract clause requiring notice of loss or proof of loss in a manner inconsistent with the rule may be used in an insurance contract.     (6) The acknowledgment by the insurer of the receipt of notice, the furnishing of forms for filing proofs of loss, the acceptance of those proofs, or the investigation of any claim are not alone sufficient to waive any of the rights of the insurer in defense of any claim arising under the insurance policy.    Amended by Chapter 297, 2011 General Session
UT Code § 31A-21-313 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 21 - Insurance Contracts in General|Part 3 - Specific Clauses in Contracts|Section 313 - Limitation of actions.

 Effective 5/12/2020  31A-21-313. Limitation of actions.    (1)   (a) An action on a written policy or contract of first party insurance shall be commenced within three years after the inception of the loss.     (b) The inception of the loss on a fidelity bond is the date the insurer first denies all or part of a claim made under the fidelity bond.       (2) Except as provided in Subsection (1) or elsewhere in this title, the law applicable to limitation of actions in Title 78B, Chapter 2, Statutes of Limitations, applies to actions on insurance policies.     (3) An insurance policy may not:   (a) limit the time for beginning an action on the policy to a time less than that authorized by statute;     (b) prescribe in what court an action may be brought on the policy; or     (c) provide that no action may be brought, subject to permissible arbitration provisions in contracts.       (4)   (a) Unless by verified complaint it is alleged that prejudice to the complainant will arise from a delay in bringing suit against an insurer, which prejudice is other than the delay itself, no action may be brought against an insurer on an insurance policy to compel payment under the policy until the earlier of:   (i) 60 days after proof of loss has been furnished as required under the policy;     (ii) waiver by the insurer of proof of loss; or     (iii)   (A) the insurer's denial of full payment; or     (B) for an accident and health insurance policy, the insurer's denial of payment.         (b) Under an accident and health insurance policy, an insurer may not require the completion of an appeals process that exceeds the provisions in 29 C.F.R. Sec. 2560.503-1 to bring suit under this Subsection (4).       (5) The period of limitation is tolled during the period in which the parties conduct an appraisal or arbitration procedure prescribed by the insurance policy, by law, or as agreed to by the parties.    Amended by Chapter 32, 2020 General Session
UT Code § 31A-21-314 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 21 - Insurance Contracts in General|Part 3 - Specific Clauses in Contracts|Section 314 - Prohibited provisions.

 Effective 5/8/2018  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) interpret the terms or provisions of the policy, contract, certificate, or agreement; and       (ii) could lead to a deferential standard of review by a reviewing court.       (b) "Reserving discretionary authority" does not include a policy provision that:   (i) informs an insured that, as part of the insurer's routine operations, the insurer applies the terms of the contract for:   (A) making a decision, including making a determination regarding eligibility, or receipt of benefits or claims; or     (B) explaining the insurer's policies and procedures; and       (ii) does not give rise to a deferential standard of review by a reviewing court.         (2) An insurance policy subject to this chapter may not contain a provision:   (a) requiring the insurance policy to be construed according to the laws of another jurisdiction except as necessary to meet the requirements of compulsory insurance laws of other jurisdictions;     (b) depriving Utah courts of jurisdiction over an action against the insurer, except as provided in permissible arbitration provisions;     (c) limiting the right of action against the insurer to less than three years from the date the cause of action accrues; or      (d) for life insurance or accident and health insurance, reserving discretionary authority.       (3) For purposes of Subsection (2)(c), the cause of action accrues on a fidelity bond on the date the insurer first denies all or part of a claim made under the fidelity bond.    Amended by Chapter 351, 2018 General Session
UT Code § 31A-21-315 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 21 - Insurance Contracts in General|Part 3 - Specific Clauses in Contracts|Section 315 - Refund of canceled health insurance premiums and Medicare supplement insurance premiums.

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 the policy or certificate relates.     (2) If a health insurance policy or a Medicare supplement policy is cancelled for a reason other than a material misrepresentation, the insurer shall refund the unearned amount of the collected premium.     (3) If an insurer cancels a health insurance policy or a Medicare supplement policy because of a material misrepresentation on the application, the insurer shall refund all premiums collected minus claims that have been paid.    Amended by Chapter 156, 2009 General Session
UT Code § 31A-21-401 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 21 - Insurance Contracts in General|Part 4 - Mass Marketed Life or Accident and Health Insurance|Section 401 - Scope and construction of part.

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 marketed life or accident and health insurance policies on persons in this state.  Amended by Chapter 116, 2001 General Session
UT Code § 31A-21-402 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 21 - Insurance Contracts in General|Part 4 - Mass Marketed Life or Accident and Health Insurance|Section 402 - Definitions.

 Effective 5/5/2021  31A-21-402. Definitions.  As used in this part:  (1)   (a) "Direct response solicitation" means any offer an insurer makes to persons in this state, either directly or through a third party, to effect life or accident and health insurance coverage which enables the individual to apply or enroll for the insurance on the basis of the offer.     (b) "Direct response solicitation" does not include:   (i) solicitations for insurance through an employee benefit plan exempt from state regulation under preemptive federal law; or     (ii) solicitations through an individual's creditor with respect to credit life or credit accident and health insurance.         (2) "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:   (a) that is offered by means of direct response solicitation through:   (i) a sponsoring organization; or     (ii) the mails or other mass communications media; and       (b) under which the person insured pays all or substantially all of the cost of the person's insurance.      Amended by Chapter 252, 2021 General Session
UT Code § 31A-21-403 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 21 - Insurance Contracts in General|Part 4 - Mass Marketed Life or Accident and Health Insurance|Section 403 - Orders terminating effectiveness of policies.

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 if the commissioner finds, after a hearing, that the total charges for the insurance to the persons insured are unreasonable in relation to the benefits provided. The commissioner's findings under this section shall be in writing. Orders under this section may direct the insurer to cease effecting the insurance until the total charges for the insurance are found by the commissioner to be reasonable in relation to the benefits provided.  Amended by Chapter 297, 2011 General Session
UT Code § 31A-21-404 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 21 - Insurance Contracts in General|Part 4 - Mass Marketed Life or Accident and Health Insurance|Section 404 - Out-of-state insurers.

 Effective 5/5/2021  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 outside of this state to residents of this state shall, with respect to the mass marketed life or accident and health insurance policy:  (1) comply with:   (a) Sections 31A-23a-402, 31A-23a-402.5, and 31A-23a-403; and     (b)Chapter 26, Part 3, Claim Practices; and       (2) upon the commissioner's request, deliver to the commissioner a copy of:   (a) any mass marketed life or accident and health insurance policy;     (b) a certificate issued under a mass marketed life or accident and health insurance policy;     (c) an application for a mass marketed life or accident and health insurance policy;     (d) an enrollment form for a mass marketed life or accident and health insurance policy; and     (e) advertising material used in this state in connection with a mass marketed life or accident and health insurance policy.      Amended by Chapter 252, 2021 General Session
UT Code § 31A-21-502 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 21 - Insurance Contracts in General|Part 5 - Domestic Violence or Child Abuse - Insurance Practices|Section 502 - Scope of part.

31A-21-502. Scope of part.  This part applies to only life and accident and health insurance.  Amended by Chapter 116, 2001 General Session
UT Code § 31A-21-503 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 21 - Insurance Contracts in General|Part 5 - Domestic Violence or Child Abuse - Insurance Practices|Section 503 - Discrimination based on domestic violence or child abuse prohibited.

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) refuse to insure the applicant;     (b) refuse to continue to insure the insured;     (c) refuse to renew or reissue a policy to insure the insured or applicant;     (d) limit the amount, extent, or kind of coverage available to the insured or applicant;     (e) charge a different rate for coverage to the insured or applicant;     (f) exclude or limit benefits or coverage under an insurance policy or contract for losses incurred;     (g) deny a claim; or     (h) terminate coverage or fail to provide conversion privileges in violation of Section 31A-22-612 under a group accident and health policy for the insured because the coverage was issued in the name of the perpetrator of the domestic violence or abuse.       (2)   (a) Notwithstanding Subsection (1), an insurer may underwrite on the basis of the physical or mental condition of an insured or applicant if the underwriting is on the basis of a determination that there is a correlation between the medical or mental condition and a material increase in insurance risk.     (b) For purposes of Subsection (2)(a), the fact that an insured or applicant is a subject of domestic abuse is not a mental or physical condition.     (c) The determination required by Subsection (2)(a) shall be made in conformance with sound actuarial principles.     (d) Within 30 days after receiving an oral or written request from an insured or applicant, an insurer shall disclose in writing:   (i) the basis of an action permitted under Subsection (2)(a); and     (ii) if the policy has been issued or modified, the extent the action taken will impact the amount, extent, or kind of coverage or benefits available to the insured.        Amended by Chapter 319, 2013 General Session