reglab/housing_qa huggingface dataset:
UT Code § 31A-28-205 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 28 - Guaranty Associations|Part 2 - Property and Casualty Guaranty Association|Section 205 - Creation of the association.

31A-28-205. Creation of the association.    (1)   (a) The Utah Property and Casualty Insurance Guaranty Association shall continue as a nonprofit legal entity.     (b) All member insurers of the association are, and remain, members of the association as a condition of their authority to transact insurance business in this state.     (c) The association shall:   (i) perform its functions under the plan of operation established and approved under Section 31A-28-209; and     (ii) exercise its powers through a board of directors established under Section 31A-28-206.       (d) For the purposes of administration and assessment, the association shall maintain an account known as the Property and Casualty Insurance Guaranty Association Account.     (e)   (i) If as of May 6, 2002, the association has more than one account, the association shall consolidate all accounts into the Property and Casualty Insurance Guaranty Association Account.     (ii) The Property and Casualty Insurance Guaranty Association Account:   (A) succeeds to all funds held by the association in an account existing on May 6, 2002; and     (B) is subject to any liability or obligation attributable to an account of the association existing on May 6, 2002.           (2)   (a) An insurer shall cease to be a member insurer on the day following the termination or expiration of the insurer's license to transact the kinds of insurance to which this part applies.     (b) Notwithstanding Subsection (2)(a), the insurer shall remain liable as a member insurer for all obligations, including assessments levied:   (i) before the termination or expiration of the insurer's license; and     (ii) after the termination or expiration of the insurer's license but that relate to an insurer that became an insolvent insurer before the termination or expiration of the insurer's license.         (3) Meetings or records of the association shall be open to the public upon a majority vote of the board of directors of the association.     (4) The association is not an agency of the state.    Amended by Chapter 308, 2002 General Session
UT Code § 31A-28-206 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 28 - Guaranty Associations|Part 2 - Property and Casualty Guaranty Association|Section 206 - Board of directors.

31A-28-206. Board of directors.    (1)   (a) The board of directors of the association consists of not less than five nor more than nine members, serving terms of four years each.     (b) The members of the board shall be selected by member insurers, subject to the commissioner's approval. When a vacancy occurs in the membership for any reason, the replacement shall be elected for the unexpired term by a majority vote of the remaining board members, subject to the commissioner's approval.     (c) In approving selections or in appointing members to the board, the commissioner shall consider whether all member insurers are fairly represented.     (d) Notwithstanding Subsection (1)(a), the commissioner shall, at the time of election or reelection, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is selected every two years.       (2) A member of the board of directors may be reimbursed from the assets of the association for expenses the member incurs as a member of the board of directors.    Amended by Chapter 363, 2001 General Session
UT Code § 31A-28-208 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 28 - Guaranty Associations|Part 2 - Property and Casualty Guaranty Association|Section 208 - Assessments.

31A-28-208. Assessments.    (1)   (a) To provide the funds necessary to carry out the powers and duties of the association, the board of directors shall assess the member insurers at the time and in the amount the board finds necessary.     (b) An assessment under this section:   (i) is due not less than 30 days after written notice to the member insurers; and     (ii) accrues interest to the extent unpaid after the due date at the greater of:   (A) 10% per annum; or     (B) the then legal rate of interest provided in Section 15-1-1.           (2) An assessment is to be made in the amount necessary to carry out the powers and duties of the association under Section 31A-28-207 for an insolvent insurer.     (3) An assessment against a member insurer is in the proportion that the net direct written premiums of the member insurer for the preceding calendar year on the kinds of insurance for which this part applies bears to the net direct written premiums of all member insurers for the preceding calendar year on the kinds of insurance for which this part applies.     (4) A member insurer may not be assessed in any year for an amount greater than 2% of that member insurer's net direct written premiums for the preceding calendar year on the kinds of insurance for which this part applies.     (5) If the maximum assessment, together with the other assets of the association in the association account, do not provide in any one year an amount sufficient to make all necessary payments, the funds available shall be prorated and the unpaid portion shall be paid as soon as funds become available.     (6) The association may exempt or defer, in whole or in part, the assessment of any member insurer, if the assessment would cause the member insurer's financial statement to reflect amounts of capital or surplus less than the minimum amounts required for a certificate of authority by any jurisdiction in which the member insurer is authorized to transact insurance.     (7) Each member insurer may set off against any assessment authorized payments made on covered claims and expenses incurred in the payment of the claims by the member insurer, if they are chargeable to the association account.    Amended by Chapter 308, 2002 General Session
UT Code § 31A-28-209 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 28 - Guaranty Associations|Part 2 - Property and Casualty Guaranty Association|Section 209 - Plan of operation.

31A-28-209. Plan of operation.    (1)   (a) The association shall submit to the commissioner a plan of operation and any amendments necessary or suitable to assure the fair, reasonable, and equitable administration of the association.     (b) The plan of operation and amendments described in Subsection (1)(a) are effective upon approval in writing by the commissioner.     (c) Any amendments made under this section after July 1, 1986, shall be made within 180 days of the changed circumstance.       (2) The plan of operation shall continue in force until:   (a) modified by the commissioner; or     (b) superseded by a plan:   (i) submitted by the association; and     (ii) approved by the commissioner.         (3) All member insurers shall comply with the plan of operation.     (4) The plan of operation shall, in addition to requirements enumerated elsewhere in this part:   (a) establish procedures for handling the assets of the association;     (b) establish the amount and method of reimbursing members of the board of directors under Section 31A-28-206;     (c) establish regular places and times for meetings of the board of directors;     (d) establish procedures for records to be kept of all financial transactions of the association, the association's agents, and the board of directors;     (e) establish the procedures on how selections for the board of directors shall be made and submitted to the commissioner;     (f) establish a procedure for the disposition of dividends or distributions from the estate of the insolvent insurer;     (g) establish any additional procedures for assessments under Section 31A-28-208; and     (h) contain any additional provisions that are necessary or proper for the execution of the powers and duties of the association.       (5)   (a) The plan of operation may provide that any or all of the powers and duties of the association, except those under Sections 31A-28-207 and 31A-28-208, are delegated to one of the following that performs functions similar to the association:   (i) a corporation;     (ii) an association; or     (iii) organization other than one described in Subsections (5)(a)(i) and (ii).       (b) A corporation, association, or organization described in Subsection (5)(a) shall:   (i) be reimbursed for any payments made on behalf of the association; and     (ii) be paid for its performance of any function of the association.       (c) A delegation under this Subsection (5) takes effect only with the approval of:   (i) the board of directors; and     (ii) the commissioner.        Amended by Chapter 363, 2001 General Session
UT Code § 31A-28-210 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 28 - Guaranty Associations|Part 2 - Property and Casualty Guaranty Association|Section 210 - Duties and powers of the commissioner.

31A-28-210. Duties and powers of the commissioner.    (1) In addition to the duties and powers enumerated elsewhere in this part, the commissioner shall:   (a) notify the association of the existence of an insolvent insurer not later than three days after the commissioner receives notice of the order of liquidation; and     (b) upon request of the board of directors, provide the association with a statement of the premiums in this state for each member insurer.       (2)   (a) The commissioner may suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this state of any member insurer that fails:   (i) to pay an assessment when due; or     (ii) to comply with the plan of operation or the rules adopted under this part.       (b)   (i) As an alternative to an action described in Subsection (2)(a), the commissioner may levy a fine on any member insurer that fails to pay an assessment when due.     (ii) The fine permitted under this Subsection (2)(b) may not:   (A) exceed 5% of the unpaid assessment per month; or     (B) be less than $100 per month.         (c) The commissioner may revoke the designation of any servicing facility if the commissioner finds claims are being handled unsatisfactorily.       (3) Any final action or order of the commissioner under this part is subject to judicial review in a court of competent jurisdiction.    Amended by Chapter 363, 2001 General Session
UT Code § 31A-28-212 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 28 - Guaranty Associations|Part 2 - Property and Casualty Guaranty Association|Section 212 - Credits for assessments paid.

31A-28-212. Credits for assessments paid.    (1) A member insurer may offset against its premium tax liability to this state an assessment described in Section 31A-28-208, but only up to 20% of the amount of the assessment for each of the five calendar years following the year in which the assessment was paid. If a member insurer ceases doing business, all uncredited assessments may be credited against its premium tax liabilities for the year it ceases doing business.     (2) Any sums acquired by a member insurer as a refund from the association which previously had been offset against premium taxes as provided in Subsection (1) shall be paid immediately by the member insurer to the State Tax Commission.    Amended by Chapter 204, 1986 General Session
UT Code § 31A-28-214 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 28 - Guaranty Associations|Part 2 - Property and Casualty Guaranty Association|Section 214 - Examination of the association -- Annual report.

31A-28-214. Examination of the association -- Annual report.    (1) The association is subject to examination and regulation by the commissioner.     (2) The board of directors shall submit, to the commission by no later than April 30 of each year:   (a) a financial report for the preceding calendar year in a form approved by the commissioner; and     (b) a report of the association's activities during the preceding calendar year.      Amended by Chapter 363, 2001 General Session
UT Code § 31A-28-215 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 28 - Guaranty Associations|Part 2 - Property and Casualty Guaranty Association|Section 215 - Tax exemptions.

31A-28-215. Tax exemptions.  The association is exempt from payment of all fees and taxes levied by this state or any of its subdivisions, except taxes levied on real property.  Enacted by Chapter 242, 1985 General Session
UT Code § 31A-28-217 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 28 - Guaranty Associations|Part 2 - Property and Casualty Guaranty Association|Section 217 - Immunity.

31A-28-217. Immunity.    (1) There is no liability on the part of and no cause of action of any nature shall arise against any member insurer or its agents or employees, the association or its agents or employees, members of the board of directors, or the commissioner or his representatives, for any action or omission by them in effecting this part.     (2) The state does not waive any defense under this part, including the defense of governmental immunity. The state is not liable for any action or omission of the association, its members, or their respective agents or employees. The state is not liable for any failure of the association to perform its duties or to fulfill its stated purpose under this part.    Amended by Chapter 97, 1988 General Session
UT Code § 31A-28-218 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 28 - Guaranty Associations|Part 2 - Property and Casualty Guaranty Association|Section 218 - Stay of proceedings -- Reopening default judgments.

31A-28-218. Stay of proceedings -- Reopening default judgments.    (1) Except for specific cases involving covered claims that are subject to waiver by the association, all proceedings in which the insolvent insurer is a party or is obligated to defend a party in any court in this state shall be stayed until the last day fixed by the court for the filing of claims to permit proper defense by the association of all pending causes of action.     (2) For any covered claim arising from a judgment under any decision, order, verdict, or finding based on the default of the insolvent insurer or its failure to defend an insured, the association either on its own behalf or on behalf of the insured:   (a) may apply to have the judgment set aside by the issuing court or administrator; and     (b) shall be permitted to defend against the claim on the merits.      Amended by Chapter 363, 2001 General Session
UT Code § 31A-28-220 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 28 - Guaranty Associations|Part 2 - Property and Casualty Guaranty Association|Section 220 - Termination of association's operation.

31A-28-220. Termination of association's operation.    (1) The commissioner shall by order terminate the operation of the association for any kind of insurance covered under this part when the commissioner finds that there is in effect a statutory or voluntary plan that:   (a) is a permanent plan that is adequately funded or where adequate funding is provided; or     (b) extends, or will extend to residents and policyholders, protection and benefits regarding insolvent insurers that are not substantially less favorable and effective to residents and policyholders than the protection and benefits provided regarding the kinds of insurance covered under this part.       (2)   (a) The commissioner shall, by the order under Subsection (1), authorize discontinuance of future payments by insurers to the association regarding the kinds of insurance that are the subject of the order.     (b) Notwithstanding Subsection (2)(a), the assessments and payments shall continue, as necessary, to liquidate covered claims of insurers who are adjudged insolvent prior to the order and to pay the related expenses not covered by any other plan.       (3)   (a) If the operation of the association is terminated under Subsection (1), the association shall, as soon as possible, distribute the balance of money and assets remaining, after discharging the functions of the association as to prior insurer insolvencies that were not covered by any other plan, together with related expenses, to the insurers that are then writing in this state policies of the kinds of insurance covered by this part, and that had made payments to the association.     (b) The reimbursement described in Subsection (3)(a) shall be:   (i) pro rata; and     (ii) based upon the aggregate of the payments made by the respective insurers during the period of five years next preceding the date of the order.       (c) For a reimbursement of an assessment that has been offset against premium taxes, the association may pay the amount of the reimbursement directly to the State Tax Commission.     (d) Upon completion of the distribution regarding all of the kinds of insurance covered by this part, this part shall terminate.      Amended by Chapter 363, 2001 General Session
UT Code § 31A-28-222 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 28 - Guaranty Associations|Part 2 - Property and Casualty Guaranty Association|Section 222 - Application of amendments.

31A-28-222. Application of amendments.    (1) The amendments in Laws of Utah 2001, Chapter 363, shall become effective on April 30, 2001 and apply to the association's obligations under policies of insolvent insurers as they exist on or after April 30, 2001.     (2) Notwithstanding Subsection (1), the amendments to Subsections 31A-28-203(3) and 31A-28-207(1)(a) in Laws of Utah 2001, Chapter 363, that add coverage for unearned premium claims shall apply only to insurers that become insolvent after April 30, 2001.    Amended by Chapter 250, 2008 General Session
UT Code § 31A-30-101 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 30 - Individual, Small Employer, and Group Health Insurance Act|Part 1 - Individual and Small Employer Group|Section 101 - Title.

31A-30-101. Title.  This chapter is known as the "Individual, Small Employer, and Group Health Insurance Act."  Amended by Chapter 108, 2004 General Session
UT Code § 31A-30-102 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 30 - Individual, Small Employer, and Group Health Insurance Act|Part 1 - Individual and Small Employer Group|Section 102 - Purpose statement.

 Effective 5/9/2017  31A-30-102. Purpose statement.  The purpose of this chapter is to:  (1) prevent abusive rating practices;     (2) require disclosure of rating practices to purchasers;     (3) establish rules regarding:   (a) a universal individual and small group application; and     (b) renewability of coverage;       (4) improve the overall fairness and efficiency of the individual and small group insurance market; and     (5) provide increased access for individuals and small employers to health insurance.    Amended by Chapter 292, 2017 General Session
UT Code § 31A-30-105 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 30 - Individual, Small Employer, and Group Health Insurance Act|Part 1 - Individual and Small Employer Group|Section 105 - Establishment of classes of business.

31A-30-105. Establishment of classes of business.  Effective January 1, 2014, a covered carrier may establish up to four separate classes of business:  (1) one class of business for individual health benefit plans that are not grandfathered under PPACA;     (2) one class of business for small employer health benefit plans that are not grandfathered under PPACA;     (3) one class of business for individual health benefit plans that are grandfathered under PPACA; and     (4) one class of business for small employer health benefit plans that are grandfathered under PPACA.    Amended by Chapter 341, 2013 General Session
UT Code § 31A-30-106.5 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 30 - Individual, Small Employer, and Group Health Insurance Act|Part 1 - Individual and Small Employer Group|Section 106.5 - Conversion policy -- Premiums -- Rating restrictions.

31A-30-106.5. Conversion policy -- Premiums -- Rating restrictions.    (1) Section 31A-30-106 applies to conversion policies.     (2) Conversion policy premium rates may not exceed by more than 35% the index rate for small employers with similar case characteristics for any class of business in which the policy form has been filed.     (3) An insurer may not consider pregnancy of a covered insured in determining its conversion policy premium rates.    Amended by Chapter 284, 2011 General Session
UT Code § 31A-30-106.7 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 30 - Individual, Small Employer, and Group Health Insurance Act|Part 1 - Individual and Small Employer Group|Section 106.7 - Surcharge for groups changing carriers.

 Effective 5/9/2017  31A-30-106.7. Surcharge for groups changing carriers.    (1)   (a) Except as provided in Subsection (1)(b), if prior notice is given, a covered carrier may impose upon a small group that changes coverage to that carrier from another carrier a one-time surcharge of up to 25% of the annualized premium that the carrier could otherwise charge under Section 31A-30-106.1.     (b) A covered carrier may not impose the surcharge described in Subsection (1)(a) if:   (i) the change in carriers occurs on the anniversary of the plan year, as defined in Section 31A-1-301;     (ii) the previous coverage was terminated under Subsection 31A-22-618.6(5);     (iii) employees from an existing group form a new business; and     (iv) the surcharge is not applied uniformly to all similarly situated small groups.         (2) A covered carrier may not impose the surcharge described in Subsection (1) if the offer to cover the group occurs at a time other than the anniversary of the plan year because:   (a)   (i) the application for coverage is made prior to the anniversary date in accordance with the covered carrier's published policies; and     (ii) the offer to cover the group is not issued until after the anniversary date; or       (b)   (i) the application for coverage is made prior to the anniversary date in accordance with the covered carrier's published policies; and     (ii) additional underwriting or rating information requested by the covered carrier is not received until after the anniversary date.         (3) If a covered carrier chooses to apply a surcharge under Subsection (1), the application of the surcharge and the criteria for incurring or avoiding the surcharge shall be clearly stated in the:   (a) written application materials provided to the applicant at the time of application; and     (b) written producer guidelines.       (4) The commissioner shall adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to ensure compliance with this section.    Amended by Chapter 292, 2017 General Session
UT Code § 31A-30-108 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 30 - Individual, Small Employer, and Group Health Insurance Act|Part 1 - Individual and Small Employer Group|Section 108 - Eligibility for small employer and individual market.

 Effective 5/13/2014  31A-30-108. Eligibility for small employer and individual market.    (1)   (a) A small employer carrier shall accept a small employer that applies for small group coverage as set forth in the Health Insurance Portability and Accountability Act, Sec. 2701(f) and 2711(a), and PPACA, Sec. 2702.     (b) An individual carrier shall accept an individual that applies for individual coverage as set forth in PPACA, Sec. 2702.       (2)   (a) A small employer carrier shall offer to accept all eligible employees and their dependents at the same level of benefits under any health benefit plan provided to a small employer.     (b) A small employer carrier may:   (i) request a small employer to submit a copy of the small employer's quarterly income tax withholdings to determine whether the employees for whom coverage is provided or requested are bona fide employees of the small employer; and     (ii) deny or terminate coverage if the small employer refuses to provide documentation requested under Subsection (2)(b)(i).        Amended by Chapter 290, 2014 General SessionAmended by Chapter 300, 2014 General SessionAmended by Chapter 425, 2014 General Session