reglab/housing_qa huggingface dataset:
UT Code § 31A-15-102 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 15 - Unauthorized Insurers, Surplus Lines, and Risk Retention Groups|Part 1 - Unauthorized Insurers and Surplus Lines|Section 102 - Assisting unauthorized insurers.

31A-15-102. Assisting unauthorized insurers.    (1) No person may do any act enumerated under Subsection (2) who knows or should know that the act may assist in the illegal placement of insurance with an unauthorized insurer or the subsequent servicing of an insurance policy illegally placed with an unauthorized insurer.     (2) An act performed by mail is performed both at the place of mailing and at the place of delivery. Any of the following acts, whether performed by mail or otherwise, fall within the prohibition of Subsection (1):   (a) soliciting, making, or proposing to make an insurance contract;     (b) taking, receiving, or forwarding an application for insurance;     (c) collecting or receiving, in full or in part, an insurance premium;     (d) issuing or delivering an insurance policy or other evidence of an insurance contract except as a messenger not employed by the insurer, or an insurance producer;     (e) doing any of the following in connection with the solicitation, negotiation, procuring, or effectuation of insurance coverage for another: inspecting risks, setting rates, advertising, disseminating information, or advising on risk management;     (f) publishing or disseminating any advertisement encouraging the placement or servicing of insurance that would violate Subsection (1); however this provision does not apply to publication or dissemination to an audience primarily outside Utah that also reaches persons in Utah unless the extension to persons inside Utah can be conveniently avoided without substantial expense other than loss of revenue; nor does it apply to regional or national network programs on radio or television unless they originate in Utah;     (g) investigating, settling, adjusting, or litigating claims; or     (h) representing or assisting any person to do an unauthorized insurance business or to procure insurance from an unauthorized insurer.       (3) Subsection (1) does not prohibit:   (a) an attorney acting for a client;     (b) a full-time salaried employee of an insured acting in the capacity of an insurance buyer or manager; or     (c) insurance activities described under Section 31A-15-103.       (4) Any act performed in Utah which is prohibited under this section constitutes appointment of the commissioner or the lieutenant governor as agent for service of process under Sections 31A-2-309 and 31A-2-310.     (5) Any person or entity who knows or should know that the person's or entity's actions assist in the illegal placement of insurance in violation of this section is guilty of a third degree felony.    Amended by Chapter 58, 2005 General Session
UT Code § 31A-15-104 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 15 - Unauthorized Insurers, Surplus Lines, and Risk Retention Groups|Part 1 - Unauthorized Insurers and Surplus Lines|Section 104 - Direct placement of insurance.

31A-15-104. Direct placement of insurance.    (1) Subject to this section, any person seeking insurance may obtain it from an unauthorized insurer if no producer resident doing business in Utah is involved and if negotiations occur primarily outside Utah. Negotiations by mail occur within Utah if a letter or other document containing insurance-related solicitations or negotiations is sent from or to a Utah address. Negotiations by telephone take place within Utah if one of the parties to the conversation is in Utah.     (2) Each policyholder who procures or renews insurance otherwise subject to this code from any insurer not authorized to do business in Utah, other than insurance procured under Section 31A-15-103 and the renewal of guaranteed renewable insurance lawfully issued outside Utah, shall within 60 days after the insurance is procured or renewed, report to the commissioner in the form required by the commissioner and pay the taxes specified by Section 31A-3-301.     (3)   (a) Any insurance on personal property sold on the installment plan, under a conditional sales contract, or an equivalent security agreement under the Uniform Commercial Code which charges the buyer, as a part of the consideration in the agreement of sale for insurance on the property, shall be placed with an insurer authorized to do business in Utah.     (b) Whenever the law of Utah requires a person to purchase insurance on risks in Utah, it shall be obtained from an insurer authorized to do business in Utah, or under Section 31A-15-103.      Amended by Chapter 298, 2003 General Session
UT Code § 31A-15-105 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 15 - Unauthorized Insurers, Surplus Lines, and Risk Retention Groups|Part 1 - Unauthorized Insurers and Surplus Lines|Section 105 - Effect of contracts illegal because insurer was unauthorized.

31A-15-105. Effect of contracts illegal because insurer was unauthorized.    (1) An insurance contract entered into in violation of this chapter is unenforceable by, but enforceable against, the insurer. In an action against the insurer on the contract, the insured is bound by the terms of the contract as affected by this title and rules adopted under this title.     (2) An insurance policy entered into in violation of this chapter is voidable by the policyholder who entered into the transaction without knowing it was illegal. The policyholder may avoid the contract by notice to the insurer, if no insured has enforced the contract by an action under Subsection (1), and may recover any consideration paid under the contract.     (3) Any person who assisted in the procurement of an illegal contract under this chapter, and who knew or should have known the transaction was illegal, is liable to the insured for the full amount of a claim or loss payable under the contract, if the insurer does not pay it. The receiver appointed under Chapter 27a, Insurer Receivership Act, may assert the claims of insureds if the insurer is the subject of a proceeding under Chapter 27a, Insurer Receivership Act.    Amended by Chapter 309, 2007 General Session
UT Code § 31A-15-106 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 15 - Unauthorized Insurers, Surplus Lines, and Risk Retention Groups|Part 1 - Unauthorized Insurers and Surplus Lines|Section 106 - Servicing of contracts made out of state.

31A-15-106. Servicing of contracts made out of state.    (1) A foreign insurer that does not have a certificate of authority to do business in this state under Section 31A-14-202 may, in this state, collect premiums and adjust losses and do all other acts reasonably incidental to contracts made outside this state without violating this chapter. Any premiums collected under this section are subject to Section 31A-3-301.     (2) Subsection (1) does not permit a renewal, extension, increase, or other substantial change in the terms of any contract under Subsection (1) unless:   (a) it is permitted under Section 31A-15-103;     (b) the contract is for life or accident and health insurance or annuities; or     (c) a rule adopted by the commissioner permits this action when the interests of the policyholder and the public appear to be sufficiently protected.      Amended by Chapter 116, 2001 General Session
UT Code § 31A-15-107 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 15 - Unauthorized Insurers, Surplus Lines, and Risk Retention Groups|Part 1 - Unauthorized Insurers and Surplus Lines|Section 107 - Defense of action by unauthorized person.

31A-15-107. Defense of action by unauthorized person.    (1) Except under Subsection (3), no pleading, notice, order, or process in any action in court or in any administrative proceeding before the commissioner instituted against an unauthorized person under Sections 31A-2-309 and 31A-2-310 may be filed by or on behalf of the unauthorized person unless one of the following conditions exists:   (a) The unauthorized person deposits with the clerk of the court in which the action or proceeding is pending, or with the commissioner in administrative proceedings, cash, securities, or a bond with sureties in an amount fixed by the court or the commissioner, sufficient to secure the payment or performance of any probable final judgment or order.     (b) That person procures proper authorization to do an insurance business in Utah.     (c) The commissioner, after a hearing, issues an order stating that he is satisfied the person has funds or securities, in a state of the United States, in trust or otherwise, which are readily available and adequate to satisfy any probable final judgment or to perform in accordance with any order.       (2) The court in any action or proceeding under this section, or the commissioner in any administrative proceeding under this section, may order any postponement he considers necessary to give the unauthorized person a reasonable opportunity to comply with Subsection (1).     (3) Subsection (1) does not prevent an unauthorized person from filing a motion to quash a writ or to set aside service on the ground that the person has not done any of the acts specified under Subsection 31A-15-102(2).    Enacted by Chapter 242, 1985 General Session
UT Code § 31A-15-108 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 15 - Unauthorized Insurers, Surplus Lines, and Risk Retention Groups|Part 1 - Unauthorized Insurers and Surplus Lines|Section 108 - Attorney fees.

31A-15-108. Attorney fees.  In an action against an unauthorized person upon a contract of insurance issued in violation of this chapter, if the unauthorized person fails to make payment in accordance with the contract for 30 days after the payment is due and demand is made, and it appears to the court that the failure was without just cause, the court may allow the plaintiff a reasonable attorney's fee and may include the fee in any judgment that may be rendered in the action. The unauthorized person's failure to defend this action is prima facie evidence that the failure to pay was without just cause.  Enacted by Chapter 242, 1985 General Session
UT Code § 31A-15-109 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 15 - Unauthorized Insurers, Surplus Lines, and Risk Retention Groups|Part 1 - Unauthorized Insurers and Surplus Lines|Section 109 - Investigation and disclosure of insurance contracts.

31A-15-109. Investigation and disclosure of insurance contracts.  Whenever the commissioner has reason to believe that insurance has been effectuated by or for any person in Utah with an unauthorized insurer, the commissioner may, in writing, order the person to produce for examination all insurance contracts and other documents evidencing insurance with both authorized and unauthorized insurers and to disclose to the commissioner the amount of insurance, the name and address of each insurer, the gross amount of premium, and the name and address of any person who has assisted in effecting the insurance.  Enacted by Chapter 242, 1985 General Session
UT Code § 31A-15-110 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 15 - Unauthorized Insurers, Surplus Lines, and Risk Retention Groups|Part 1 - Unauthorized Insurers and Surplus Lines|Section 110 - Reporting of illegal insurance.

31A-15-110. Reporting of illegal insurance.    (1) Every person investigating or adjusting any loss or claim on a subject of insurance in this state shall immediately report to the commissioner every insurance policy or contract connected with the investigation or settlement, which the person has reason to believe has been entered into illegally by any insurer not authorized to transact business in this state.     (2) Every person acting as an insurance consultant shall immediately report to the commissioner every insurance policy or contract covering a subject of insurance in this state, which the consultant has reason to believe has been entered into illegally by an insurer not authorized to transact that type of insurance in this state.    Amended by Chapter 204, 1986 General Session
UT Code § 31A-15-201 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 15 - Unauthorized Insurers, Surplus Lines, and Risk Retention Groups|Part 2 - Risk Retention Groups Act|Section 201 - Short title.

31A-15-201. Short title.  This part shall be known as the "Risk Retention Groups Act."  Enacted by Chapter 258, 1992 General Session
UT Code § 31A-15-205 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 15 - Unauthorized Insurers, Surplus Lines, and Risk Retention Groups|Part 2 - Risk Retention Groups Act|Section 205 - Guaranty associations.

31A-15-205. Guaranty associations.    (1) A risk retention group may not be required to join or contribute financially to the Insurance Guaranty Fund created under Title 31A, Chapter 28, Part 2, Property and Casualty Guaranty Association, nor may any risk retention group, or its insureds or claimants against its insureds, receive any benefit from any such fund for claims arising under the insurance policies issued by the risk retention group.     (2) When a purchasing group obtains insurance covering its members' risks from an insurer not authorized in this state or from a risk retention group, the risks, wherever resident or located, may not be covered by any insurance guaranty fund or similar mechanism in this state.     (3) When a purchasing group obtains insurance covering its members' risks from an authorized insurer, only risks resident or located in this state shall be covered by the Utah Property and Casualty Insurance Guaranty Association created under Title 31A, Chapter 28, Guaranty Associations.    Enacted by Chapter 258, 1992 General Session
UT Code § 31A-15-206.5 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 15 - Unauthorized Insurers, Surplus Lines, and Risk Retention Groups|Part 2 - Risk Retention Groups Act|Section 206.5 - Countersignatures not required.

 Effective 5/10/2016  31A-15-206.5. Countersignatures not required.  A policy of insurance issued to a risk retention group or any member of the risk retention group may not be required to be countersigned. Enacted by Chapter 138, 2016 General Session
UT Code § 31A-15-207 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 15 - Unauthorized Insurers, Surplus Lines, and Risk Retention Groups|Part 2 - Risk Retention Groups Act|Section 207 - Purchasing groups -- Exemption from certain laws.

31A-15-207. Purchasing groups -- Exemption from certain laws.  A purchasing group and its insurers are subject to all applicable laws of this state, except that a purchasing group and its insurers are exempt, in regard to liability insurance for the purchasing group, from any law that would:  (1) prohibit the establishment of a purchasing group;     (2) make it unlawful for an insurer to provide, or offer to provide, to a purchasing group or its members insurance on a basis providing advantages based on their loss and expense experience not afforded to other persons with respect to rates, policy forms, coverages, or other matters;     (3) prohibit a purchasing group or its members from purchasing insurance on a group basis described in Subsection (2);     (4) prohibit a purchasing group from obtaining insurance on a group basis because the group has not been in existence for a minimum period of time or because any member has not belonged to the group for a minimum period of time;     (5) require that a purchasing group have a minimum number of members, common ownership or affiliation, or certain legal form;     (6) require that a certain percentage of a purchasing group obtain insurance on a group basis;     (7) otherwise discriminate against a purchasing group or any of its members; or     (8) require that any insurance policy issued to a purchasing group or any of its members be countersigned by an insurance producer residing in this state.    Amended by Chapter 297, 2011 General Session
UT Code § 31A-15-208 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 15 - Unauthorized Insurers, Surplus Lines, and Risk Retention Groups|Part 2 - Risk Retention Groups Act|Section 208 - Purchasing groups -- Notice and registration requirements.

 Effective 5/10/2016  31A-15-208. Purchasing groups -- Notice and registration requirements.    (1) A purchasing group that intends to do business in this state shall, before doing business, furnish reasonable notice to the insurance commissioner in this state. The notice shall be on forms prescribed by the National Association of Insurance Commissioners and shall:   (a) identify the state in which the group is domiciled;     (b) identify the other states in which the group intends to do business;     (c) specify the lines and classifications of liability insurance that the group intends to purchase;     (d) identify the one or more insurance companies from which the group intends to purchase its insurance and the domicile of the insurers;     (e) specify the method by which, and the one or more persons, if any, through whom, insurance will be offered to its members whose risks are resident or located in this state;     (f) identify the principal place of business of the group; and     (g) provide any other information as may be required by the commissioner to verify that the group is a qualified "purchasing group," as defined in Section 31A-15-202.       (2) A purchasing group shall notify the commissioner of a change in an item listed in Subsection (1) within 10 days of the change.     (3)   (a) A purchasing group shall annually register with the commissioner and pay a filing fee.     (b) A purchasing group shall designate the commissioner as its agent solely for the purpose of receiving service of legal documents or process.     (c) The registration and fee requirements of this Subsection (3) do not apply to a purchasing group that only purchases insurance that was authorized under the Product Liability Risk Retention Act of 1981, and that:   (i) in any state of the United States:   (A) was domiciled before April 1, 1986; and     (B) is domiciled after October 27, 1986;       (ii)   (A) before October 27, 1986, purchased insurance from an insurer licensed in any state; and     (B) since October 27, 1986, purchased its insurance from an insurer licensed in any state; or       (iii) was a purchasing group under the requirements of the Product Liability Risk Retention Act of 1981 before October 27, 1986.         (4) Each purchasing group that is required to give notice under Subsection (1) shall also furnish the information required by the commissioner to:   (a) verify that the entity qualifies as a purchasing group;     (b) determine where the purchasing group is located; and     (c) determine appropriate tax treatment of the purchasing group.      Amended by Chapter 138, 2016 General Session
UT Code § 31A-15-209 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 15 - Unauthorized Insurers, Surplus Lines, and Risk Retention Groups|Part 2 - Risk Retention Groups Act|Section 209 - Restrictions on purchasing groups.

 Effective 5/10/2016  31A-15-209. Restrictions on purchasing groups.    (1) A purchasing group may not purchase insurance from a risk retention group that is not chartered in a state or from an insurer not admitted in the state in which the purchasing group is located, unless the purchase is effected through a licensed producer acting pursuant to the surplus lines laws and regulations of the state in which the purchasing group is located.     (2) A purchasing group that obtains liability insurance from an insurer not admitted in this state or a risk retention group shall inform each of the members of the purchasing group or risk retention group that have a risk resident or located in this state that:   (a) the risk is not protected by an insurance insolvency guaranty fund in this state; and     (b) the risk retention group or insurer may not be subject to all insurance laws and regulations of this state.       (3)   (a) A purchasing group may not purchase insurance providing for a deductible or self-insured retention applicable to the group as a whole.     (b) Notwithstanding Subsection (3)(a), coverage may provide for a deductible or self-insured retention applicable to individual members.       (4) Purchases of insurance by purchasing groups are subject to the same standards regarding aggregate limits which are applicable to all purchases of group insurance.    Amended by Chapter 138, 2016 General Session
UT Code § 31A-15-210 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 15 - Unauthorized Insurers, Surplus Lines, and Risk Retention Groups|Part 2 - Risk Retention Groups Act|Section 210 - Purchasing group taxation.

31A-15-210. Purchasing group taxation.  Premium taxes and taxes on premiums paid for coverage of risks resident or located in this state by a purchasing group or any members of the purchasing groups are imposed and shall be paid as follows:  (1) If the insurer is an admitted insurer, taxes are imposed on the insurer at the same rate and in the same manner and subject to the same procedures, interest, and penalties that apply to premium taxes and other taxes imposed on other admitted liability insurers relative to coverage of risks resident or located in this state.     (2) If the insurer is an approved, nonadmitted surplus lines insurer, taxes are imposed on the licensed producer who effected coverage on risks resident or located in this state at the same rate and in the same manner and subject to the same procedures, interest, and penalties that apply to taxes imposed on other licensed producers effecting coverage with approved, nonadmitted surplus lines insurers on risks resident or located in this state.    Amended by Chapter 297, 2011 General Session
UT Code § 31A-15-211 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 15 - Unauthorized Insurers, Surplus Lines, and Risk Retention Groups|Part 2 - Risk Retention Groups Act|Section 211 - Enforcement authority.

31A-15-211. Enforcement authority.    (1) The commissioner is authorized to use the powers established for the department under this title to enforce the laws of this state not specifically preempted by the Liability Risk Retention Act of 1986, including the commissioner's administrative authority to investigate, issue subpoena, conduct depositions and hearings, issue orders, impose monetary penalties and seek injunctive relief. With regard to any investigation, administrative proceedings, or litigation, the commissioner shall rely on the procedural laws of this state.     (2) Whenever the commissioner determines that any person, risk retention group, purchasing group, or insurer of a purchasing group has violated, is violating, or is about to violate any provision of this part or any other insurance law of this state applicable to the person or entity, or that the person or entity has failed to comply with a lawful order of the commissioner, he may, in addition to any other lawful remedies or penalties, file a complaint in the Third District Court of Salt Lake County to enjoin and restrain any person, risk retention group, purchasing group, or insurer from engaging in the violation, or to compel compliance with the order of the commissioner. The court has jurisdiction of the proceeding and has the power to enter a judgment and order for injunctive or other relief. In any action by the commissioner under this subsection, service of process shall be made upon the director of the Division of Corporations and Commercial Code who shall forward the order, pleadings, or other process to the person, risk retention group, purchasing group, or insurer in accordance with the procedures specified in Section 31A-14-204. Nothing in this section may be construed to limit or abridge the authority of the commissioner to seek injunctive relief in any district court of the United States as provided in Section 31A-15-213.    Enacted by Chapter 258, 1992 General Session