reglab/statecodes huggingface dataset:
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 17 - Property and Casualty Certificate of Insurance Act › Section 1701 - Title -- Scope of part.

31A-22-1701.
Title -- Scope of part.
(1) This part is known as the "Property and Casualty Certificate of Insurance Act."
(2)
(a) Except as provided in Subsection (2)(b), this part applies to a certificate of insurance issued on or after May 10, 2011, as evidence of insurance coverage on property, operations, or risks located in this state.
(b) This part applies on and after July 1, 2012, to a certificate of insurance that is issued as evidence of insurance coverage on property, operations, or risks located in this state if the certificate of insurance is an exhibit to a contract executed before July 1, 2012.
(c) This part applies, regardless of where located, to the following in relation to a certificate of insurance described in Subsection (2)(b):
(i) a certificate holder;
(ii) a policyholder;
(iii) an insurer; or
(iv) an insurance producer.
Enacted by Chapter 253, 2011 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 17 - Property and Casualty Certificate of Insurance Act › Section 1702 - Definitions.

31A-22-1702.
Definitions.
Notwithstanding Section 31A-1-301, as used in this part:
(1) "Certificate holder" means a person who:
(a) requests, obtains, or possesses a certificate of insurance; and
(b) is not a policyholder.
(2) "Certificate of insurance" means a document that is prepared for or issued to a person who is not a policyholder as evidence of insurance, regardless of how it is titled or described.
(3) "Insurer" means:
(a) an insurer as defined in Section 31A-1-301; and
(b) any other person engaged in the business of making insurance or a surety contract.
(4) "Person," in addition to the definition in Section 31A-1-301, includes:
(a) to the extent not prohibited by federal law:
(i) the federal government; or
(ii) an administrative unit of the federal government;
(b) the state;
(c) an administrative unit of the state;
(d) a political subdivision of the state; or
(e) an administrative unit of a political subdivision of the state.
(5) "Policyholder" means a person who contracts with a property and casualty insurer for insurance coverage.
Enacted by Chapter 253, 2011 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 17 - Property and Casualty Certificate of Insurance Act › Section 1703 - Filing of form.

31A-22-1703.
Filing of form.
(1) Notwithstanding Section 31A-21-201, a person may not:
(a) prepare, issue, or request the issuance of a certificate of insurance unless the certificate of insurance form is filed with the commissioner; or
(b) modify a filed certificate of insurance form unless filed with the commissioner.
(2) The commissioner shall object to the use of, or prohibit the use of, a certificate of insurance form filed under this section if the certificate of insurance form:
(a) is unfair, misleading, or deceptive;
(b) violates public policy;
(c) fails to comply with Section 31A-22-1704; or
(d) violates any law, including a rule made by the commissioner in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(3) A standard certificate of insurance form filed for use by a nationally recognized insurance rating organization that is licensed by the commissioner, is considered filed for use for purposes of this section or Section 31A-21-201.
Enacted by Chapter 253, 2011 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 17 - Property and Casualty Certificate of Insurance Act › Section 1704 - Scope of certificate of insurance.

31A-22-1704.
Scope of certificate of insurance.
(1) A certificate of insurance is not an insurance policy and does not affirmatively or negatively amend, extend, or alter the coverage afforded by an insurance policy to which a certificate of insurance refers.
(2) A certificate of insurance may not confer to a certificate holder a right that is not provided by an insurance policy to which the certificate of insurance refers.
(3)
(a) A certificate of insurance may not refer to a contract that is not an insurance policy, including a construction or service contract.
(b) Notwithstanding any requirement, term, or condition of a document with respect to which a certificate of insurance may be issued or may pertain, the insurance coverage afforded by a referenced insurance policy is subject to the terms, exclusions, and conditions of the insurance policy itself.
Enacted by Chapter 253, 2011 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 17 - Property and Casualty Certificate of Insurance Act › Section 1705 - False or misleading practices.

31A-22-1705.
False or misleading practices.
(1) A person may not knowingly request or require the issuance of a certificate of insurance from an insurer, insurance producer, or policyholder that contains false or misleading information concerning an insurance policy to which the certificate of insurance refers.
(2) A person may not knowingly prepare or issue a certificate of insurance that:
(a) contains false or misleading information; or
(b) purports to affirmatively or negatively alter, amend, or extend the coverage provided by an insurance policy to which the certificate of insurance refers.
(3)
(a) A person may not prepare, issue, or request an opinion letter or other document, either in addition to or in lieu of a certificate of insurance that is inconsistent with this part.
(b) An insurer or insurance producer may prepare or issue an addendum to a certificate of insurance that clarifies or explains the coverage provided by an insurance policy if the addendum complies with this part.
Enacted by Chapter 253, 2011 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 17 - Property and Casualty Certificate of Insurance Act › Section 1706 - Notice of cancellation, nonrenewal, or material change.

31A-22-1706.
Notice of cancellation, nonrenewal, or material change.
(1) A certificate holder only has a right to a notice of cancellation, nonrenewal, a material change, or to a similar notice if the certificate holder has rights to the notice under the terms of the insurance policy to which the certificate of insurance refers, or under any rider, or endorsement to the insurance policy.
(2) The terms and conditions of a notice described in Subsection (1), including the required timing of the notice, is governed by the insurance policy. A certificate of insurance may not alter a term or condition of the notice.
Enacted by Chapter 253, 2011 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 17 - Property and Casualty Certificate of Insurance Act › Section 1707 - Enforcement -- Rulemaking.

31A-22-1707.
Enforcement -- Rulemaking.
(1) A certificate of insurance or other document that is prepared, issued, or requested in violation of this part is void.
(2) The commissioner may bring action in accordance with Section 31A-2-308 and Title 63G, Chapter 4, Administrative Procedures Act, for a violation of this part.
(3) The commissioner may:
(a) examine and investigate the activities of any person who the commissioner believes has been or is engaged in an act prohibited by this part;
(b) enforce this part; and
(c) impose a penalty or enforce a remedy authorized by this title for a violation of this part.
(4) The commissioner may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that are necessary and proper to carry out this part.
Enacted by Chapter 253, 2011 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 18 - Portable Electronics Insurance Act › Section 1802 - Definitions.

31A-22-1802.
Definitions.
As used in this part:
(1) "Customer" means a person who purchases portable electronics.
(2) "Enrolled customer" means a customer who elects coverage under a portable electronics insurance policy issued to a vendor of portable electronics.
(3) "Location" means a physical location in the state or a website, call center site, or similar location directed to residents of the state.
(4) "Portable electronics" means:
(a) an electronic device that is portable in nature; and
(b) an accessory or service related to the use of the portable electronic device.
(5)
(a) "Portable electronics insurance" means insurance providing coverage for the repair or replacement of portable electronics that provides coverage for portable electronics against any one or more of the following:
(i) loss;
(ii) theft;
(iii) inoperability due to mechanical failure;
(iv) malfunction;
(v) damage; or
(vi) other similar cause of loss.
(b) "Portable electronics insurance" does not include:
(i) a manufacturer's or vendor's warranty;
(ii) a service contract;
(iii) a policy of insurance covering a vendor's or manufacturer's obligations under a warranty; or
(iv) a homeowner's, renter's, private passenger motor vehicle, commercial multi-peril, or similar policy.
(6) "Portable electronics transaction" means:
(a) the sale or lease of portable electronics by a vendor to a customer; or
(b) the sale by a vendor to a customer of an accessory or a service related to the use of portable electronics.
(7) "Service contract" means a contract or agreement for the repair or maintenance of goods or property, for their operational or structural failure due to a defect in materials, workmanship, or normal wear and tear, with or without additional provisions for incidental payment of indemnity under limited circumstances.
(8) "Supervising entity" mean a business entity that is:
(a) a licensed insurer; or
(b) an insurance producer that is appointed by an insurer to supervise the administration of a portable electronics insurance program.
(9) "Vendor" means a person in the business of engaging in portable electronics transactions directly or indirectly.
(10) "Warranty" means a promise made solely by the manufacturer, importer, seller, or lessor of property or services without consideration, that is not negotiated or separated from the sale of the product and is incidental to the sale of the product, that guarantees indemnity for defective parts, mechanical or electrical breakdown, labor, or other remedial measures, such as repair or replacement of the property or repetition of services.
Enacted by Chapter 151, 2012 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 18 - Portable Electronics Insurance Act › Section 1803 - Licensure required.

31A-22-1803.
Licensure required.
(1) Subject to Subsection 31A-22-1804(2) and Section 31A-23a-103, a vendor is required to hold a portable electronics limited lines license to sell or offer coverage under a portable electronics insurance policy.
(2) A portable electronics limited lines license issued under this section authorizes an employee or authorized representative of the vendor to sell or offer coverage under a portable electronics insurance policy to a customer at each location at which the vendor who holds the limited lines license engages in portable electronics transactions.
(3) Notwithstanding any other provision of law, a limited lines license issued under this section authorizes the licensee and the licensee's employees or authorized representatives to engage in those activities that are permitted by this section.
(4) A supervising entity shall maintain a registry of vendor locations at which the vendor is authorized to sell or offer portable electronics insurance coverage in this state. Upon request by the commissioner and with three business days notice to the supervising entity, the supervising entity shall make the registry open to inspection and examination by the commissioner during regular business hours of the supervising entity.
Enacted by Chapter 151, 2012 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 18 - Portable Electronics Insurance Act › Section 1804 - Application for license and fees.

31A-22-1804.
Application for license and fees.
(1) To obtain or renew a portable electronics insurance limited lines license under this part, a person shall:
(a) file with the department an application for a portable electronics limited lines license on forms and in the manner the commissioner prescribes;
(b) subject to Subsection (4), provide the name and other information required by the commissioner for a licensed individual who is designated by the applicant as the person responsible for the vendor's compliance with the requirements of this chapter; and
(c) pay a fee established by the department in accordance with Section 31A-3-103, except for an initial or renewal portable electronics limited lines license in no event may the fee exceed $100 per location in the state at which the vendor engages in portable electronics transactions.
(2) A vendor engaged in portable electronics insurance transactions before July 1, 2012, shall apply for licensure within 90 days of the application being made available by the department. An applicant commencing operations on or after July 1, 2012, shall obtain a portable electronics limited lines license before offering portable electronics insurance.
(3) A portable electronics limited lines license under this part has a term of two years and expires two years after issuance, unless renewed.
(4) If the vendor derives more than 50% of its revenue from the sale of portable electronics insurance, the applicant shall provide the information listed in Subsection (1)(b) for all officers, directors, and shareholders of record having beneficial ownership of 10% or more of any class of securities registered under the federal securities law.
Enacted by Chapter 151, 2012 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 18 - Portable Electronics Insurance Act › Section 1805 - Employees and authorized representatives of a vendor.

31A-22-1805.
Employees and authorized representatives of a vendor.
(1) An employee or authorized representative of a vendor may sell or offer portable electronics insurance to a customer and is not subject to licensure as an insurance producer under this title if:
(a) the vendor obtains a portable electronics limited lines license that authorizes the vendor's employee or authorized representative to sell or offer portable electronics insurance pursuant to this section;
(b) the insurer issuing the portable electronics insurance either directly supervises or appoints a supervising entity to supervise the administration of the portable electronics insurance program, including development of a training program for each employee or authorized representative of the vendor that complies with the following:
(i) the training shall be delivered to an employee or authorized representative of a vendor who is directly engaged in the activity of selling or offering portable electronics insurance;
(ii) the training may be provided in electronic form if the supervising entity implements a supplemental education program regarding the portable electronics insurance product that is conducted and overseen by a licensed employee of the supervising entity that holds a portable electronics limited lines producer license; and
(iii) each employee and authorized representative shall receive basic instruction about the portable electronics insurance offered to customers and the disclosures required under Section 31A-22-1807; and
(c) an employee or authorized representative of a vendor of portable electronics may not advertise, represent, or otherwise hold the individual out as an insurance producer of any type.
(2) Notwithstanding any other provision of law, an employee or authorized representative of a vendor of portable electronics may not be compensated based primarily on the number of customers enrolled for portable electronics insurance coverage, but may receive compensation for activities under the limited lines license that are incidental to the employee's or authorized representative's overall compensation.
Enacted by Chapter 151, 2012 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 18 - Portable Electronics Insurance Act › Section 1806 - Penalties.

31A-22-1806.
Penalties.
Notwithstanding Section 31A-2-308, if a vendor or the vendor's employee or authorized representative violate this part, the commissioner may do any of the following in accordance with Title 63G, Chapter 4, Administrative Procedures Act:
(1) impose a fine not to exceed:
(a)
(i) $2,500 per violation by a licensed individual; or
(ii) $5,000 per violation by an entity; or
(b) $40,000 in the aggregate for the conduct; or
(2) impose other penalties that the commissioner considers necessary and reasonable to carry out the purpose of this part, including:
(a) suspending or revoking the privilege of transacting portable electronics insurance pursuant to this part at a specific location where violations have occurred; and
(b) suspending or revoking the ability of individual employees or authorized representatives to act under the vendor's limited lines license.
Enacted by Chapter 151, 2012 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 18 - Portable Electronics Insurance Act › Section 1807 - Requirements for sale of portable electronics insurance -- Policy provides primary coverage.

31A-22-1807.
Requirements for sale of portable electronics insurance -- Policy provides primary coverage.
(1) At each location where a vendor offers portable electronics insurance to a customer, the vendor shall make available to a prospective customer written materials that:
(a) disclose that portable electronics insurance may provide a duplication of coverage already provided by the customer's homeowner's insurance policy, renter's insurance policy, private passenger motor vehicle policy, or other source of coverage;
(b) state that the enrollment by the customer in a portable electronics insurance program is not required in order to purchase or lease portable electronics;
(c) summarize the material terms of the portable electronics insurance coverage, including:
(i) the identity of the insurer;
(ii) the identity of the supervising entity;
(iii) the amount of any applicable deductible and how it is to be paid;
(iv) benefits of the coverage; and
(v) key terms and conditions of coverage, such as whether portable electronics may be repaired or replaced with similar make and model reconditioned or non-original manufacturer parts or equipment;
(d) summarize the process for filing a claim, including a description of how to return portable electronics and the maximum fee applicable in the event the customer fails to comply with any equipment return requirements; and
(e) state the cancellation rights under Subsection (2).
(2) An enrolled customer may cancel enrollment for coverage under a portable electronics insurance policy at any time, and the person paying the premium shall receive a refund or credit of any applicable unearned premium.
(3) Portable electronics insurance may be offered on a month to month or other periodic basis as a group or master commercial inland marine policy issued to a vendor of portable electronics for its enrolled customers. Notwithstanding any other provision of law to the contrary, forms for portable electronics insurance shall be filed with the commissioner in accordance with Section 31A-21-201, and rates for portable electronics insurance shall be filed in accordance with Section 31A-19a-203.
(4) Eligibility and underwriting standards for customers electing to enroll in coverage shall be filed with the department for each portable electronics insurance program.
(5) A policy of portable electronics insurance shall provide primary coverage in the event of a covered loss under more than one policy.
Enacted by Chapter 151, 2012 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 18 - Portable Electronics Insurance Act › Section 1809 - Billing.

31A-22-1809.
Billing.
(1) A vendor may bill and collect the premium for portable electronics insurance coverage.
(2)
(a) Any charge to an enrolled customer for portable electronics insurance coverage that is not included in the cost associated with the purchase or lease of portable electronics or related services shall be separately itemized on the enrolled customer's bill.
(b) If the portable electronics insurance coverage is included with the purchase or lease of portable electronics or related services, the vendor shall clearly and conspicuously disclose to the enrolled customer that the portable electronics insurance coverage is included with the portable electronics or related services.
(3) A vendor who bills and collects the premium for the portable electronics insurance may not be required to maintain the money in a segregated account if the vendor is authorized by the insurer to hold the money in an alternative manner and remits the money to the supervising entity within 60 days of receipt. Money received by a vendor from an enrolled customer for the sale of portable electronics insurance is considered money held in trust by the vendor in a fiduciary capacity for the benefit of the insurer.
(4) A vendor may receive compensation for billing and collection services.
Enacted by Chapter 151, 2012 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 18 - Portable Electronics Insurance Act › Section 1810 - Applicability.

31A-22-1810.
Applicability.
This part is not applicable to a loan or lease originated by a federally insured depository institution, or a subsidiary or affiliate of a federally insured depository institution, or originated by any other entity as part of a plan to sell or assign an interest in the loan or lease to a federally insured depository institution, or a subsidiary or affiliate of a federally insured depository institution.
Enacted by Chapter 151, 2012 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 19 - Unclaimed Life Insurance and Annuity Benefits Act › Section 1901 - Title.

Effective 7/1/2015
31A-22-1901.
Title.
This part is known as the "Unclaimed Life Insurance and Annuity Benefits Act."
Enacted by Chapter 259, 2015 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 20 - Limited Long-term Care Insurance Act › Section 2002 - Definitions.

Effective 5/5/2021
31A-22-2002.
Definitions.
As used in this part:
(1) "Applicant" means:
(a) when referring to an individual limited long-term care insurance policy, the person who seeks to contract for benefits; and
(b) when referring to a group limited long-term care insurance policy, the proposed certificate holder.
(2) "Elimination period" means the length of time between meeting the eligibility for benefit payment and receiving benefit payments from an insurer.
(3) "Group limited long-term care insurance" means a limited long-term care insurance policy that is delivered or issued for delivery:
(a) in this state; and
(b) to an eligible group, as described under Subsection 31A-22-701(2).
(4)
(a) "Limited long-term care insurance" means an insurance policy, endorsement, or rider that is advertised, marketed, offered, or designed to provide coverage:
(i) for less than 12 consecutive months for each covered person;
(ii) on an expense-incurred, indemnity, prepaid or other basis; and
(iii) for one or more necessary or medically necessary diagnostic, preventative, therapeutic, rehabilitative, maintenance, or personal care services that is provided in a setting other than an acute care unit of a hospital.
(b) "Limited long-term care insurance" includes a policy or rider described in Subsection (4)(a) that provides for payment of benefits based on cognitive impairment or the loss of functional capacity.
(c) "Limited long-term care insurance" does not include an insurance policy that is offered primarily to provide:
(i) basic Medicare supplement coverage;
(ii) basic hospital expense coverage;
(iii) basic medical-surgical expense coverage;
(iv) hospital confinement indemnity coverage;
(v) major medical expense coverage;
(vi) disability income or related asset-protection coverage;
(vii) accidental only coverage;
(viii) specified disease or specified accident coverage; or
(ix) limited benefit health coverage.
(5) "Preexisting condition" means a condition for which medical advice or treatment is recommended:
(a) by, or received from, a provider of health care services; and
(b) within six months before the day on which the coverage of an insured person becomes effective.
(6) "Waiting period" means the time an insured waits before some or all of the insured's coverage becomes effective.
Amended by Chapter 252, 2021 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 20 - Limited Long-term Care Insurance Act › Section 2003 - Scope.

Effective 5/12/2020
31A-22-2003.
Scope.
(1) The requirements of this part apply to limited long-term care insurance policies and certificates marketed, delivered, or issued for delivery in this state on or after July 1, 2020.
(2) Laws and regulations designed or intended to apply to Medicare supplement insurance policies may not be applied to limited long-term care insurance.
Enacted by Chapter 32, 2020 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 20 - Limited Long-term Care Insurance Act › Section 2005 - Nonforfeiture benefits.

Effective 5/12/2020
31A-22-2005.
Nonforfeiture benefits.
(1)
(a) A limited long-term care insurance policy may offer the option of purchasing a policy or certificate including a nonforfeiture benefit.
(b) The offer of a nonforfeiture benefit may be in the form of a rider that is attached to the policy.
(c) In the event the policy holder or certificate holder does not purchase a nonforfeiture benefit, the insurer shall provide a contingent benefit upon lapse that shall be available for a specified period of time following a substantial increase in premium rates.
(2) If an insurer issues a group limited long-term care insurance policy, the insurer shall:
(a) make any offer of a nonforfeiture benefit to the group policyholder; and
(b) make any offer to each proposed certificate holder.
Enacted by Chapter 32, 2020 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 20 - Limited Long-term Care Insurance Act › Section 2006 - Rulemaking.

Effective 5/12/2020
31A-22-2006.
Rulemaking.
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commissioner:
(1) shall makes rules:
(a) in the event of a substantial rate increase, promoting premium adequacy and protecting the policy holder;
(b) establishing minimum standards for limited long-term care insurance marketing practices, producer compensation, producer testing, independent review of benefit determinations, penalties, and reporting practices;
(c) prescribing a standard format, including style, arrangement, and overall appearance of an outline of coverage;
(d) prescribing the content of an outline of coverage, in accordance with the requirements described in Subsection 31A-22-2004(5)(b);
(e) specifying the type of nonforfeiture benefits offered as part of a limited long-term care insurance policy or certificate;
(f) establishing the standards of nonforfeiture benefits; and
(g) establishing the rules regarding contingent benefits upon lapse, including:
(i) a determination of the specified period of time during which a contingent benefit upon lapse will be available; and
(ii) the substantial premium rate increase that triggers a contingent benefit upon lapse as described in Subsection 31A-22-2005(1); and
(2) may make rules establishing loss-ratio standards for limited long-term care insurance policies.
Enacted by Chapter 32, 2020 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 23a - Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries › Part 1 - General Provisions › Section 101 - Purposes.

31A-23a-101.
Purposes.
The purposes of this chapter include:
(1) promoting the professional competence of insurance producers, surplus lines producers, limited line producers, consultants, managing general agents, and reinsurance intermediaries;
(2) providing maximum freedom of marketing methods for insurance, consistent with the interests of the Utah public;
(3) preserving and encouraging competition at the consumer level;
(4) regulating insurance marketing practices in conformity with the general purposes of this title;
(5) governing the qualifications and procedures for the licensing of insurance producers, surplus lines producers, limited line producers, consultants, managing general agents, and reinsurance intermediaries; and
(6) promoting uniform licensing requirements between the several states.
Amended by Chapter 253, 2012 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 23a - Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries › Part 1 - General Provisions › Section 103 - Requirement of license.

31A-23a-103.
Requirement of license.
(1)
(a) Unless exempted from the licensing requirement under Section 31A-23a-201 or 31A-23a-207, a person may not perform, offer to perform, or advertise any service as a producer, surplus lines producer, limited line producer, consultant, managing general agent, or reinsurance intermediary in Utah, without a valid individual or agency license issued under this chapter.
(b) A valid license includes at least one license type and one line of authority pertaining to that license type.
(c) A person may not utilize the services of another as a producer, surplus lines producer, limited line producer, consultant, managing general agent, or reinsurance intermediary if that person knows or should know that the other does not have a license as required by law.
(2) This part may not be construed to require an insurer to obtain an insurance producer license.
(3) An insurance contract is not invalid as a result of a violation of this section.
Amended by Chapter 253, 2012 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 23a - Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries › Part 1 - General Provisions › Section 107 - Character requirements.

Effective 5/8/2018
31A-23a-107.
Character requirements.
An applicant for a license under this chapter shall show to the commissioner that:
(1) the applicant has the intent in good faith, to engage in the type of business that the license applied for would permit;
(2)
(a) if a natural person, the applicant is:
(i) competent; and
(ii) trustworthy; or
(b) if the applicant is an agency:
(i) the partners, directors, or principal officers or persons having comparable powers are trustworthy; and
(ii) that it will transact business in such a way that the acts that may only be performed by a licensed producer, surplus lines producer, limited line producer, consultant, managing general agent, or reinsurance intermediary are performed exclusively by natural persons who are licensed under this chapter to transact that type of business and designated on the agency's license;
(3) the applicant intends to comply with Section 31A-23a-502; and
(4) if a natural person, the applicant is at least 18 years of age.
Amended by Chapter 319, 2018 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 23a - Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries › Part 1 - General Provisions › Section 108 - Examination requirements.

Effective 5/13/2014
31A-23a-108.
Examination requirements.
(1)
(a) The commissioner may require an applicant for a particular license type under Section 31A-23a-106 to pass a line of authority examination as a requirement for a license, except that an examination may not be required of an applicant for:
(i) a license under Subsection 31A-23a-106(2)(c); or
(ii) another limited line license line of authority recognized by the commissioner or the Title and Escrow Commission by rule as provided in Subsection 31A-23a-106(3).
(b) The examination described in Subsection (1)(a):
(i) shall reasonably relate to the line of authority for which it is prescribed; and
(ii) may be administered by the commissioner or as otherwise specified by rule.
(2) The commissioner shall waive the requirement of an examination for a nonresident applicant who:
(a) applies for an insurance producer license in this state within 90 days of establishing legal residence in this state;
(b) has been licensed for the same line of authority in another state; and
(c)
(i) is licensed in the state described in Subsection (2)(b) at the time the applicant applies for an insurance producer license in this state; or
(ii) if the application is received within 90 days of the cancellation of the applicant's previous license:
(A) the prior state certifies that at the time of cancellation, the applicant was in good standing in that state; or
(B) the state's producer database records maintained by the National Association of Insurance Commissioners or the National Association of Insurance Commissioner's affiliates or subsidiaries, indicates that the producer is or was licensed in good standing for the line of authority requested.
(3) This section's requirement may only be applied to an applicant who is a natural person.
Amended by Chapter 290, 2014 General Session
Amended by Chapter 300, 2014 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 23a - Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries › Part 1 - General Provisions › Section 109 - Nonresident jurisdictional agreement.

Effective 5/8/2018
31A-23a-109.
Nonresident jurisdictional agreement.
(1)
(a) If a nonresident license applicant has a valid producer, surplus lines producer, limited line producer, consultant, managing general agent, or reinsurance intermediary license from the nonresident license applicant's home state or designated home state and the conditions of Subsection (1)(b) are met, the commissioner shall:
(i) waive the license requirements for a license under this chapter; and
(ii) issue the nonresident license applicant a nonresident license.
(b) Subsection (1)(a) applies if:
(i) the nonresident license applicant:
(A) is licensed in the nonresident license applicant's home state or designated home state at the time the nonresident license applicant applies for a nonresident producer, surplus lines producer, limited line producer, consultant, managing general agent, or reinsurance intermediary license;
(B) has submitted the proper request for licensure;
(C) has submitted to the commissioner:
(I) the application for licensure that the nonresident license applicant submitted to the applicant's home state or designated home state; or
(II) a completed uniform application; and
(D) has paid the applicable fees under Section 31A-3-103; and
(ii) the nonresident license applicant's license in the applicant's home state or designated home state is in good standing.
(2) A nonresident applicant applying under Subsection (1) shall in addition to complying with all license requirements for a license under this chapter execute, in a form acceptable to the commissioner, an agreement to be subject to the jurisdiction of the Utah commissioner and courts on any matter related to the applicant's insurance activities in this state, on the basis of:
(a) service of process under Sections 31A-2-309 and 31A-2-310; or
(b) service authorized:
(i) in the Utah Rules of Civil Procedure; or
(ii) under Section 78B-3-206.
(3) The commissioner may verify a producer's licensing status through the producer database maintained by:
(a) the National Association of Insurance Commissioners; or
(b) an affiliate or subsidiary of the National Association of Insurance Commissioners.
(4) The commissioner may not assess a greater fee for an insurance license or related service to a person not residing in this state solely on the fact that the person does not reside in this state.
Amended by Chapter 319, 2018 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 23a - Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries › Part 1 - General Provisions › Section 110 - Form and contents of license.

31A-23a-110.
Form and contents of license.
(1) A license issued under this chapter shall be in the form the commissioner prescribes and shall set forth:
(a) the name and address of the licensee;
(b) the license types and lines of authority under Section 31A-23a-106;
(c) the date of license issuance; and
(d) any other information the commissioner considers necessary.
(2) A licensee under this chapter doing business under another name than the licensee's legal name shall notify the commissioner before using the assumed name in this state.
Amended by Chapter 345, 2008 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 23a - Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries › Part 1 - General Provisions › Section 112 - Probation -- Grounds for revocation.

Effective 5/13/2014
31A-23a-112.
Probation -- Grounds for revocation.
(1) The commissioner may place a licensee on probation for a period not to exceed 24 months as follows:
(a) after an adjudicative proceeding under Title 63G, Chapter 4, Administrative Procedures Act, for circumstances that would justify a suspension under Section 31A-23a-111; or
(b) at the issuance or renewal of a license:
(i) with an admitted violation under 18 U.S.C. Sec. 1033; or
(ii) with a response to background information questions on a new or renewal license application or information received from a background check conducted in connection with a new or renewal license application that indicates:
(A) the person has been convicted of a crime, that is listed by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as a crime that is grounds for probation;
(B) the person is currently charged with a crime, that is listed by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as a crime that is grounds for probation regardless of whether adjudication is withheld;
(C) the person has been involved in an administrative proceeding regarding a professional or occupational license; or
(D) a business in which the person is or was an owner, partner, officer, or director has been involved in an administrative proceeding regarding a professional or occupational license.
(2) The commissioner may place a licensee on probation for a specified period no longer than 24 months if the licensee has admitted to a violation under 18 U.S.C. Sec. 1033.
(3) The probation order shall state the conditions for retention of the license, which shall be reasonable.
(4) A violation of the probation is grounds for revocation pursuant to a proceeding authorized under Title 63G, Chapter 4, Administrative Procedures Act.
Amended by Chapter 290, 2014 General Session
Amended by Chapter 300, 2014 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 23a - Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries › Part 1 - General Provisions › Section 113 - License lapse and voluntary surrender.

Effective 5/5/2021
31A-23a-113.
License lapse and voluntary surrender.
(1)
(a) A license issued under this chapter, including a line of authority, shall lapse if the licensee fails to:
(i) pay when due a fee under Section 31A-3-103;
(ii) complete continuing education requirements under Section 31A-23a-202 before submitting the license renewal application;
(iii) submit a completed renewal application as required by Section 31A-23a-104;
(iv) submit additional documentation required to complete the licensing process as related to a specific license type or line of authority; or
(v) maintain an active license in a licensee's home state if the licensee is a nonresident licensee.
(b) A license that lapses shall expire effective at midnight on the day on which the license expires.
(c)
(i) A licensee whose license lapses may request reinstatement of the license and line of authority no more than one year after the day on which the license lapses.
(ii) A licensee whose license lapses due to the following may request an action described in Subsection (1)(c)(iii):
(A) military service;
(B) voluntary service for a period of time designated by the person for whom the licensee provides voluntary service; or
(C) some other extenuating circumstances, including long-term medical disability.
(iii) A licensee described in Subsection (1)(c)(ii) may request:
(A) reinstatement of the license and line of authority no later than one year after the day on which the license lapses; and
(B) waiver of any of the following imposed for failure to comply with renewal procedures:
(I) an examination requirement;
(II) reinstatement fees set under Section 31A-3-103;
(III) continuing education requirements; or
(IV) other sanction imposed for failure to comply with renewal procedures.
(2) If a license or line of authority issued under this chapter is voluntarily surrendered, the license or line of authority may be reinstated:
(a) during the license period in which the license or line of authority is voluntarily surrendered; and
(b) no later than one year after the day on which the license or line of authority is voluntarily surrendered.
Amended by Chapter 252, 2021 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 23a - Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries › Part 1 - General Provisions › Section 115 - Appointment of individual and agency insurance producer, limited line producer, or managing general agent -- Reports and lists.

Effective 5/9/2017
31A-23a-115.
Appointment of individual and agency insurance producer, limited line producer, or managing general agent -- Reports and lists.
(1)
(a) An insurer shall appoint an individual or agency with whom it has a contract as an insurance producer, limited line producer, or managing general agent to act on the insurer's behalf in order for the licensee to do business for the insurer in this state.
(b) An insurer shall report to the commissioner, at intervals and in the form the commissioner establishes by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
(i) a new appointment; and
(ii) a termination of appointment.
(2) An insurer shall notify a producer that the producer's appointment is terminated by the insurer and of the reason for termination at an interval and in the form the commissioner establishes by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(3)
(a)
(i) An insurer shall report to the commissioner the cause of termination of an appointment if:
(A) the reason for termination is a reason described in Subsection 31A-23a-111(5)(b); or
(B) the insurer has knowledge that the individual or agency licensee is found to have engaged in an activity described in Subsection 31A-23a-111(5)(b) by:
(I) a court;
(II) a government body; or
(III) a self-regulatory organization, which the commissioner may define by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(ii) The information provided to the commissioner under this Subsection (3) is a private record under Title 63G, Chapter 2, Government Records Access and Management Act.
(b) An insurer is immune from civil action, civil penalty, or damages if the insurer complies in good faith with this Subsection (3) in reporting to the commissioner the cause of termination of an appointment.
(c) Notwithstanding any other provision in this section, an insurer is not immune from any action or resulting penalty imposed on the reporting insurer as a result of proceedings brought by or on behalf of the department if the action is based on evidence other than the report submitted in compliance with this Subsection (3).
(4) If an insurer appoints an agency, the insurer need not appoint, report, or pay appointment reporting fees for an individual designated on the agency's license under Section 31A-23a-302.
(5) If an insurer has a contract with or lists a licensee in a report submitted under Subsection (3), there is a rebuttable presumption that in placing a risk with the insurer the contracted or appointed licensee or any of the licensee's licensed employees act on behalf of the insurer.
Amended by Chapter 168, 2017 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 23a - Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries › Part 1 - General Provisions › Section 115.5 - Use of customer service representative.

31A-23a-115.5.
Use of customer service representative.
A producer, surplus lines producer, or consultant who employs a customer service representative is responsible for the duties performed by the customer service representative. A customer service representative:
(1) may not maintain an office independent of the customer service representative's licensed producer, surplus lines producer, or consultant employer for the purpose of conducting insurance activities;
(2) except as provided in Subsection (3), may not sell, solicit, negotiate, or bind coverage; and
(3) may provide a customer a quote on behalf of the customer service representative's licensed producer, surplus lines producer, or consultant employer.
Amended by Chapter 253, 2012 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 23a - Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries › Part 1 - General Provisions › Section 116 - Services performed for unauthorized insurers.

31A-23a-116.
Services performed for unauthorized insurers.
(1) A person licensed under Chapter 23a, Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries, may not perform an act that assists a person not authorized as an insurer to act as an insurer.
(2) It is a violation of this section to assist a person purporting to be exempt from state insurance regulation under Section 514 of the Employee Retirement Income Security Act of 1974, unless that person submits to the commissioner a certificate from the United States Department of Labor, or other evidence satisfactory to the commissioner, showing that the laws of Utah are preempted under Section 514 of the Employee Retirement Income Security Act of 1974 or other federal law.
(3) It is not a violation of this section:
(a) to assist a person engaged in self insurance as defined under Section 31A-1-301; or
(b) for a surplus lines producer to engage in the placement of insurance under Section 31A-15-103.
Amended by Chapter 345, 2008 General Session