reglab/statecodes huggingface dataset:
2023 Utah Code › Title 31A - Insurance Code › Chapter 9 - Insurance Fraternals › Part 4 - Management of Fraternals › Section 405 - Board of directors.

31A-9-405.
Board of directors.
(1) Sections 16-6a-801 and 16-6a-802 apply to fraternals, except that the supreme governing body may act as the board of directors if it meets at least quarterly. Subsections 31A-5-407(2) through (9) apply to fraternals, except that the word "mutual" shall be read "fraternal" and the references to other sections of Chapter 5, Domestic Stock and Mutual Insurance Corporations, shall be to the corresponding sections of Chapter 9, Insurance Fraternals.
(2) The terms of directors and officers may not exceed four years.
Amended by Chapter 300, 2000 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 9 - Insurance Fraternals › Part 4 - Management of Fraternals › Section 406 - Removal of directors and filling of vacancies.

31A-9-406.
Removal of directors and filling of vacancies.
(1) A director may be removed from office for cause by an affirmative vote of a majority of the full board of directors at a meeting of the board called for that purpose or may be removed under Subsection 16-6a-820(4).
(2) Any vacancy occurring in the board, including a vacancy created by an increase in the number of directors, may be filled by the affirmative vote of a majority of the directors then in office, although less than a quorum.
(3) If the laws of the fraternal provide that at least 2/3 of the directors are elected by the members, elected director vacancies may be filled by the board for the remainder of the terms for which there are vacancies.
(4) If the vacancy is to be filled other than by a regular election, the election by the board is effective only until a reasonable time has elapsed for choosing the director in that other manner.
(5) If less than 2/3 of the directors are elected by the members, elected director vacancies may be filled by the directors only until the next succeeding regular election. At that time, the elected director vacancy may be filled for the remainder of the term for which there is a vacancy. A director elected under this section to fill the unexpired term of an elected director is an elected director within the meaning of Subsection 31A-9-403(1)(a).
(6) If the board ceases to exist, the commissioner shall arrange the necessary procedures for holding elections to create a new board.
Amended by Chapter 300, 2000 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 9 - Insurance Fraternals › Part 4 - Management of Fraternals › Section 408 - Continuity of management in emergencies.

31A-9-408.
Continuity of management in emergencies.
Section 31A-5-411 applies to the continuity of management of fraternals in emergencies.
Enacted by Chapter 242, 1985 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 9 - Insurance Fraternals › Part 4 - Management of Fraternals › Section 409 - Committees of directors.

31A-9-409.
Committees of directors.
Section 31A-5-412 applies to committees of directors in fraternals, except that the references to other sections of Chapter 5, Domestic Stock and Mutual Insurance Corporations, shall be to the corresponding sections of Chapter 9, Insurance Fraternals.
Enacted by Chapter 242, 1985 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 9 - Insurance Fraternals › Part 4 - Management of Fraternals › Section 410 - Interlocking directorates and other relationships.

31A-9-410.
Interlocking directorates and other relationships.
Section 31A-5-413 applies to interlocking directorates and other relationships of fraternals.
Enacted by Chapter 242, 1985 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 9 - Insurance Fraternals › Part 4 - Management of Fraternals › Section 411 - Transactions in which directors and others are interested.

31A-9-411.
Transactions in which directors and others are interested.
Section 31A-5-414 applies to transactions in which directors and others are interested within fraternals.
Enacted by Chapter 242, 1985 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 9 - Insurance Fraternals › Part 4 - Management of Fraternals › Section 412 - Directors' liability and indemnification.

31A-9-412.
Directors' liability and indemnification.
Section 31A-5-415 applies to directors' liability and indemnification in fraternals, except that the word "mutual" shall be read "fraternal".
Enacted by Chapter 242, 1985 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 9 - Insurance Fraternals › Part 4 - Management of Fraternals › Section 413 - Executive compensation.

31A-9-413.
Executive compensation.
Section 31A-5-416 applies to executive compensation in fraternals, except that the word "mutual" shall be read "fraternal."
Enacted by Chapter 242, 1985 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 9 - Insurance Fraternals › Part 5 - Corporate Reorganization › Section 501 - Merger and consolidation of fraternals.

31A-9-501.
Merger and consolidation of fraternals.
(1) Subject to compliance with Chapter 16, Insurance Holding Companies, any two or more domestic fraternals may merge or consolidate under the provisions of Subsections (3) and (4).
(2) Subject to compliance with Chapter 16, Insurance Holding Companies, any two or more domestic and nondomestic fraternals may merge or consolidate under the provisions of Subsection (5).
(3) In addition to complying with Chapter 16, Insurance Holding Companies, the supreme governing body of each domestic fraternal proposing to merge or consolidate shall:
(a) at least 60 days prior to the proposed action, submit the text of the proposed contract to its members as provided in Subsection 31A-9-213(4);
(b) approve the proposed consolidation or merger by a two-thirds vote; and
(c) file with the commissioner:
(i) a certified copy of the written contract containing in full the terms and conditions of the consolidation or merger;
(ii) a sworn statement by the president and secretary or corresponding officers of each fraternal showing the financial condition of each on a date fixed by the commissioner, but no earlier than the December 31 of the year preceding the proposed contract; and
(iii) evidence of compliance with Subsections (3)(a) and (b).
(4) The commissioner shall issue a certificate approving the merger or consolidation, upon a finding that all of the following conditions exist:
(a) The contract conforms to the provisions of this chapter.
(b) The parties to the proposed contract have complied with the provisions of Subsection (3).
(c) The proposed contract is equitable to the members of each fraternal.
(5) When a nondomestic fraternal is a party to the proposed contract, the parties shall follow the procedure for domestic fraternals under Subsections (3) and (4). However, the commissioner may not issue a certificate of compliance until the parties file a certificate that the proposed contract has been approved in the manner provided by the laws of the jurisdiction under which the fraternal is incorporated, or, if those laws contain no procedure for approval, that the proposed contract has been approved by the commissioner of insurance for that jurisdiction.
(6) The merger or consolidation is effective when the commissioner issues a certificate of approval.
(7) When the merger or consolidation is effective, the surviving or new fraternal has all the assets and is liable for all of the obligations of each of the participating fraternals.
Enacted by Chapter 242, 1985 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 9 - Insurance Fraternals › Part 5 - Corporate Reorganization › Section 502 - Voluntary dissolution of solvent domestic fraternals.

31A-9-502.
Voluntary dissolution of solvent domestic fraternals.
(1) Subject to this section, a domestic fraternal may voluntarily dissolve under Sections 16-6a-1401 through 16-6a-1405.
(2) The proposal for voluntary dissolution shall be filed with the commissioner at least 60 days prior to the submission of that proposal to the supreme governing body or the members. The commissioner may require the submission of additional information necessary to establish the financial condition of the fraternal or other facts relevant to the proposed dissolution. If the supreme governing body or the members adopt the resolution to dissolve, by a majority of those voting or a larger number as required by the laws of the fraternal, the commissioner shall, within 30 days after the adoption of the resolution, begin to examine the fraternal. The commissioner shall approve the dissolution unless the commissioner finds, after the examination and a hearing, that it is insolvent or may become insolvent in the process of dissolution. Upon approval, the fraternal may provide for a transfer to other fraternals approved by the commissioner of all its obligations under insurance policies and then may dissolve under Subsection (1). If the commissioner disapproves, the commissioner shall petition the court for liquidation under Section 31A-27a-207.
(3) During the liquidation under Sections 16-6a-1401 through 16-6a-1408, the fraternal may apply to the commissioner to have the liquidation continued under the commissioner's supervision. Upon receiving this request, the commissioner shall apply to the court for liquidation under Section 31A-27a-207.
(4) If the fraternal revokes the voluntary dissolution proceedings under Section 16-6a-1404, a copy of the revocation of voluntary dissolution proceedings shall be filed with the commissioner.
(5) Subsections 31A-5-504(6) and (7) apply to the survival of remedies and continuance of corporate existence of a voluntarily dissolved fraternal.
Amended by Chapter 309, 2007 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 9 - Insurance Fraternals › Part 5 - Corporate Reorganization › Section 504 - Rehabilitation or involuntary conversion.

31A-9-504.
Rehabilitation or involuntary conversion.
(1)
(a) If the commissioner believes that a fraternal does not satisfy the requirements of this chapter, the commissioner shall call a hearing. If the commissioner then finds that the fraternal does not satisfy the requirements:
(i) if the fraternal is domestic, the commissioner shall petition for rehabilitation under Section 31A-27a-207 to rehabilitate the fraternal or, if that is not possible, convert the fraternal to a mutual; or
(ii) if the fraternal is nondomestic, the commissioner shall order it to comply as soon as practicable with the requirements of this chapter or lose its tax exemption.
(b) An order issued under Subsection (1)(a)(ii) shall specify the ways the nondomestic fraternal does not comply with this chapter.
(2) If the fraternal does not promptly comply with the requirements of this chapter, after notice of the adverse results of a hearing under Subsection (1), it is subject to taxation as a mutual life insurance company. This tax is retroactive to the date on which the commissioner gave the fraternal notice of the hearing under Subsection (1).
Amended by Chapter 309, 2007 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 9 - Insurance Fraternals › Part 6 - Miscellaneous Provisions › Section 601 - Tax exemption.

31A-9-601.
Tax exemption.
Every domestic and nondomestic fraternal is exempt from all state, county, district, municipal, and school taxes or fees, except the fees required under Section 31A-3-103, and all the taxes and special assessments on its real estate and office equipment.
Enacted by Chapter 242, 1985 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 9 - Insurance Fraternals › Part 6 - Miscellaneous Provisions › Section 602 - Fraternal expenditures and activities.

31A-9-602.
Fraternal expenditures and activities.
(1) Every fraternal shall report to the commissioner the information required by the commissioner concerning expenditures made by the fraternal and other activities and programs of the fraternal or its members in fulfillment of the purposes of Subsection 31A-9-101(1)(a)(ii)(B) or in maintaining its fraternal character.
(2) A fraternal may create, maintain, and operate social, intellectual, educational, charitable, benevolent, moral, fraternal, patriotic, or religious institutions for the benefit of its members or their families or dependents or for children insured by the fraternal. For that purpose, it may own, hold, or lease real or personal property within or outside of this state. All that property is reported in the annual statement or an appendix to it, but the property is given only a nominal value in the statement. No profit may be made on those institutions, but the income and expenditures are reported separately in, or as an appendix to, the annual statement. Any of these institutions may be separately incorporated under Title 16, Chapter 10a, Utah Revised Business Corporation Act, and ownership of its stock shall be reported at a nominal value.
(3) The fraternal may not own or operate a funeral or undertaking establishment.
Amended by Chapter 4, 1993 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 9 - Insurance Fraternals › Part 6 - Miscellaneous Provisions › Section 603 - Exemption of fraternal benefits.

31A-9-603.
Exemption of fraternal benefits.
No money or other benefit, charity, relief, or aid to be paid, provided, or rendered by any domestic or nondomestic fraternal is liable to attachment, garnishment, or other process, or may be seized, taken, appropriated, or applied by any legal or equitable process or operation of law to pay a debt or liability of a member or beneficiary, or any other person who may have a right to them, either before or after their payment by the fraternal.
Enacted by Chapter 242, 1985 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 9 - Insurance Fraternals › Part 6 - Miscellaneous Provisions › Section 604 - Duties of officers, directors, agents, and employees.

31A-9-604.
Duties of officers, directors, agents, and employees.
Section 31A-5-601 applies to the duties of officers, directors, agents, and employees of fraternals.
Enacted by Chapter 242, 1985 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 10 - Annuities › Part 2 - Nontraditional Insurers › Section 201 - Definition.

31A-10-201.
Definition.
As used in this part:
(1) "Nontraditional insurer" means an insurer incorporated under Chapter 5, Domestic Stock and Mutual Insurance Corporations, or admitted under Chapter 14, Foreign Insurers, that:
(a) exists for the purpose of aiding and strengthening the following by providing them with annuities:
(i) nonprofit entities;
(ii) employees of nonprofit entities;
(iii) governmental entities; and
(iv) employees of governmental entities;
(b) issues only annuities and no other insurance product; and
(c) does not pay any benefit based on a guarantee as to principal, interest rate, return on investment, mortality, and morbidity.
(2) "Nontraditional insurer" does not include an insurer that provides annuities to persons other than:
(a) nonprofit entities;
(b) employees of nonprofit entities;
(c) governmental entities; and
(d) employees of governmental entities.
Amended by Chapter 230, 2003 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 10 - Annuities › Part 2 - Nontraditional Insurers › Section 202 - Purposes of part.

31A-10-202.
Purposes of part.
The purposes of this part are:
(1) to provide for the continued operation in this state, subject to the provisions of this title, of nontraditional insurers providing annuities to the nonprofit entities and governmental entities of this state and their employees; and
(2) to specify provisions which equitably deal with the operational, structural, and functional differences between nontraditional insurers and other insurers, without compromising the interests of policyholders.
Amended by Chapter 230, 2003 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 10 - Annuities › Part 2 - Nontraditional Insurers › Section 203 - Applicability of other provisions.

31A-10-203.
Applicability of other provisions.
(1) Except as provided in this section, domestic nontraditional insurers are subject to the same provisions applicable to other domestic insurers, and nondomestic nontraditional insurers are subject to the same provisions applicable to other nondomestic insurers.
(2) Nontraditional insurers are not subject to:
(a) Section 31A-5-211;
(b) Section 31A-5-217;
(c) Subsection 31A-14-205(1)(a);
(d)Chapter 17, Determination of Financial Condition;
(e)Chapter 18, Investments;
(f) Section 31A-20-106;
(g)Chapter 21, Insurance Contracts in General, if:
(i) their contract forms have been approved by the appropriate regulatory authorities in their state of domicile; and
(ii) these contract forms are standard forms generally issued by those nontraditional insurers in the United States;
(h)Chapter 22, Contracts in Specific Lines; or
(i)Chapter 28, Guaranty Associations.
Amended by Chapter 230, 2003 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 11 - Motor Clubs › Section 101 - Prohibition of unauthorized motor clubs.

31A-11-101.
Prohibition of unauthorized motor clubs.
(1) No person may act as a motor club, except:
(a) a corporation authorized under Chapter 5, Domestic Stock and Mutual Insurance Corporations, or Chapter 14, Foreign Insurers, which actually engages in the insurance of automobiles against liability, physical damage, or both; or
(b) a corporation or division of a corporation authorized under this chapter.
(2) No person is acting as a motor club merely by offering travel-related services that do not constitute insurance, or by arranging, through producers qualified under Chapter 23a, Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries, for insurance coverages underwritten by insurers authorized to do business in this state.
Amended by Chapter 298, 2003 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 11 - Motor Clubs › Section 102 - Activities of motor clubs.

31A-11-102.
Activities of motor clubs.
(1) Motor clubs authorized under this chapter may provide or arrange for the following services:
(a) service as producer in obtaining insurance coverage from authorized insurers, subject to Chapter 23a, Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries;
(b) provision of, or payment for, legal services and costs in the defense of traffic offenses or other legal problems connected with the ownership or use of a motor vehicle, provided the maximum amount payable for any one incident is not more than 100 times the annual charge for the motor club contract;
(c) guaranteed arrest bond certificates and cash bond guarantees as specified under Section 31A-11-112;
(d) payment of specified expenses resulting from an automobile accident, other than expenses for personal injury or for damage to an automobile, provided the maximum amount payable for any one accident is not more than 100 times the annual charge for the motor club contract;
(e) towing and emergency road services and theft services; and
(f) any services relating to travel not involving the transfer and distribution of risk.
(2) Unless they are also insurers under Chapter 5, Domestic Stock and Mutual Insurance Corporations, or Chapter 14, Foreign Insurers, motor clubs may not provide any liability or physical damage insurance or insurance of life or accident and health, whether or not related to motor vehicles.
(3) If a motor club is a separate division of a corporation, the activities of the other divisions of the corporation are not limited by this section, if the motor club division complies with Subsection 31A-11-106(3).
Amended by Chapter 298, 2003 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 11 - Motor Clubs › Section 103 - Rates.

31A-11-103.
Rates.
(1) Rates charged to holders of motor club service contracts may not be inadequate, excessive, or unfairly discriminatory.
(2) If, after a hearing, the commissioner finds a motor club's rates in violation of this section, the commissioner may issue an order to the club to make a filing under Section 31A-19a-203. After issuance of such an order, the commissioner and the club shall proceed under Chapter 19a, Utah Rate Regulation Act, until the commissioner determines that the club's rates conform to the requirements of this section. Chapter 19a, Utah Rate Regulation Act, is then inapplicable to the club until the issuance of another order under this section.
Amended by Chapter 130, 1999 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 11 - Motor Clubs › Section 104 - Applicability of other portions of this title.

31A-11-104.
Applicability of other portions of this title.
(1) In addition to this chapter, motor clubs are subject to the applicable sections of:
(a)Chapter 1, General Provisions, Chapter 2, Administration of the Insurance Laws, Chapter 4, Insurers in General, Chapter 16, Insurance Holding Companies, Chapter 21, Insurance Contracts in General, Chapter 22, Contracts in Specific Lines, Chapter 26, Insurance Adjusters, Chapter 27, Delinquency Administrative Action Provisions, and Chapter 27a, Insurer Receivership Act;
(b)Chapter 3, Part 1, Funding the Insurance Department;
(c)Chapter 23a, Part 1, General Provisions, Part 4, Marketing Practices, and Part 5, Compensation of Producers and Consultants; and
(d) Section 31A-23a-207.
(2) Sections 31A-14-204 and 31A-14-216 apply to nondomestic motor clubs.
(3) Section 31A-5-401 applies to domestic motor clubs.
(4) Sections 31A-5-105, 31A-5-106, and 31A-5-216 apply to both domestic and nondomestic motor clubs.
(5) Both domestic and nondomestic motor clubs are subject to the department fees under Section 31A-3-103. Other provisions of this title apply to motor clubs only as specifically provided in this chapter.
Amended by Chapter 309, 2007 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 11 - Motor Clubs › Section 105 - Application of Title 16 -- Incorporation of domestic motor clubs.

31A-11-105.
Application of Title 16 -- Incorporation of domestic motor clubs.
Domestic corporations acting or applying to act as a motor club under this chapter are subject to Title 16, Chapter 10a, Utah Revised Business Corporation Act, if for profit, or Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act, if not for profit. The Division of Corporations and Commercial Code in the Department of Commerce issues certificates of incorporation for domestic corporations acting as motor clubs under this chapter, unless they are Chapter 5, Domestic Stock and Mutual Insurance Corporations, corporations. This section does not negate the requirement of a motor club obtaining a certificate of authority from the commissioner. Section 16-6a-301 does not apply to bar a not-for-profit motor club from organizing under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act.
Amended by Chapter 300, 2000 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 11 - Motor Clubs › Section 106 - Application for certificate of authority -- Deposit or bond.

31A-11-106.
Application for certificate of authority -- Deposit or bond.
(1) Any corporation may apply, in the form specified by the commissioner, for a certificate of authority to transact a motor club business. The applicant shall include with the application any documents the commissioner may reasonably require, the deposit described in Subsection (2), which may be waived if net worth exceeds the deposit requirements, and the fee provided for in Section 31A-3-103. No person may engage in the motor club business without complying with this section and receiving a certificate of authority under Section 31A-11-107.
(2) The deposit required under Subsection (1) shall comply with the requirements of Section 31A-2-206, and is $100,000. In lieu of the deposit, the applicant may supply a bond of a corporate surety authorized to do a surety business in this state, in the same sum and in a form prescribed by the commissioner, payable to the state. The deposit, or the bond, shall be conditioned upon the corporation's faithful performance in the sale or rendering of motor club service under the provisions of this chapter, and the payment of fines, fees, or penalties imposed on the motor club under this title. Any person with a claim against the deposit or bond arising from the motor club's breach of the conditions of the deposit or bond may bring suit in his own name to make a claim against the deposit or bond, or the commissioner may bring suit on behalf of claimants. In no event shall the liability of the surety exceed the amount of the bond, regardless of the number of claimants or claims made on the bond. Regardless of the number of years the bond continues in force or the number of premiums payable or paid, the limit of the surety's liability, specified as the amount of liability of the bond, is not cumulative from year to year or from period to period. The bond shall be forfeited up to the amount of actual damages sustained by any claimant or claimants. No cause of action shall be filed against the bond after two years from the date of termination of the bond.
(3) If a motor club is a separate division of a corporation, the commissioner may increase the deposit or bond requirements to take into account the increased risk created by the other business of the corporation. However, the deposit or bond requirement may not be more than twice the amounts required under Subsection (2).
Amended by Chapter 10, 1988 Special Session 2
Amended by Chapter 10, 1988 Special Session 2
2023 Utah Code › Title 31A - Insurance Code › Chapter 11 - Motor Clubs › Section 107 - Issuance of certificate of authority -- Reinsurance of excess services.

31A-11-107.
Issuance of certificate of authority -- Reinsurance of excess services.
(1) The commissioner shall issue a certificate applied for under Section 31A-11-106 if the commissioner finds that:
(a) the corporation is able to negotiate, execute, and carry out the motor club business in a sound, reliable, and ongoing manner;
(b) the reinsurance requirements of Subsection (2) are satisfied; and
(c) all other applicable requirements of law are satisfied.
(2) If a motor club provides legal expense service other than that authorized in Subsection 31A-11-102(1)(b), or other trip reimbursement service than that authorized in Subsection 31A-11-102(1)(d), or bail service other than that authorized under Section 31A-11-112, it shall fully reinsure the excess service with an insurer authorized under Chapter 5, Domestic Stock and Mutual Insurance Corporations, or Chapter 14, Foreign Insurers. That insurer shall assume direct liability to the insured, and shall fully comply with Chapter 23a, Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries.
Amended by Chapter 297, 2011 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 11 - Motor Clubs › Section 108 - Denial of certificate of authority.

31A-11-108.
Denial of certificate of authority.
If the commissioner declines or fails to issue a certificate of authority under Section 31A-11-107 within a reasonable time, he shall issue an order giving a reasonably detailed explanation for the refusal or the delay.
Enacted by Chapter 242, 1985 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 11 - Motor Clubs › Section 109 - Alteration or revocation of certificate of authority.

31A-11-109.
Alteration or revocation of certificate of authority.
If the commissioner issues an order under Chapter 27, Part 5, Administrative Actions, against a motor club, the commissioner may revoke its certificate of authority or issue a new one with the limits the commissioner considers necessary.
Amended by Chapter 309, 2007 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 11 - Motor Clubs › Section 110 - Registration of agents.

31A-11-110.
Registration of agents.
No person may execute, issue, or deliver any motor club service contract to any person or receive anything of value for the contract either before or after its execution, unless he is registered with the commissioner. A person is registered upon filing a statement including his name, home and business address, telephone number, and motor club represented with the commissioner, on a form prescribed by the commissioner, and upon payment of all the fees due under Section 31A-3-103. Registered persons shall give the commissioner notice of any change in registration information.
Enacted by Chapter 242, 1985 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 11 - Motor Clubs › Section 111 - Reservation and registration of corporate name.

31A-11-111.
Reservation and registration of corporate name.
Sections 16-10a-402, 16-10a-403, and 42-2-5 apply to the reservation and registration of the corporate name of motor clubs.
Amended by Chapter 277, 1992 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 11 - Motor Clubs › Section 112 - Bail for traffic violations.

31A-11-112.
Bail for traffic violations.
(1) Any insurance company that is qualified to transact a surety business in Utah may contract to become surety for any guaranteed arrest bond certificates issued by it or by a motor club, by filing with the commissioner an undertaking to become surety. The undertaking shall be in a form prescribed by the commissioner and shall state the following:
(a) The name and address of the motor club or clubs issuing the guaranteed arrest bond certificates on which the company will be surety, and whether the motor club will issue the certificates itself.
(b) The unqualified obligation of the company to be surety to pay, up to a specified dollar amount, the fine or forfeiture of any person who fails to make an appearance to answer the charges for which the guaranteed arrest bond certificate is posted.
(2) Any guaranteed arrest bond certificate under Subsection (1), when posted by the signatory, shall be accepted in lieu of cash bail or other bond in an amount not exceeding the dollar amount specified under Subsection (1)(b), to guarantee the appearance of the person when required by any court in Utah when the person is arrested for violation of any Utah motor vehicle law, or any motor vehicle ordinance of any Utah municipality, except for driving under the influence of drugs or intoxicating liquors or for any felony. A law enforcement officer who issues a citation to an operator of a vehicle who has a valid guaranteed arrest bond certificate in his possession shall obtain the necessary information for the arrest citation, and if the guaranteed arrest bond certificate covers the fine for the violation, the officer shall release the vehicle and operator after serving the citation and receiving the guaranteed arrest bond from the operator. The officer shall deliver the guaranteed arrest bond to the appropriate court to be held as a bail bond.
(3) A guaranteed arrest bond certificate posted as a bail bond in a district court is subject to the forfeiture and enforcement provisions which govern bail bonds in criminal cases. A guaranteed arrest bond certificate posted as a bail bond in a justice court is subject to the forfeiture and enforcement provisions of the charter or ordinance of the particular municipality which pertains to bail bonds.
(4) A motor club may not agree to exonerate or indemnify an authorized surety issuing guaranteed arrest bonds under Subsection (1) for losses in connection with these bonds.
Amended by Chapter 10, 1997 General Session
Amended by Chapter 215, 1997 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 11 - Motor Clubs › Section 114 - Reports in lieu of examination of motor club.

31A-11-114.
Reports in lieu of examination of motor club.
In lieu of all or any part of an examination of a motor club under this title, the commissioner may accept the report of an:
(1) audit conducted by a certified public accountant; or
(2) examination made by a government agency.
Enacted by Chapter 344, 1995 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 12 - State Risk Management Fund › Section 101 - Definitions.

Effective 5/5/2021
31A-12-101.
Definitions.
As used in this chapter:
(1) "Risk Management Fund" means the fund created under Section 63A-4-201.
(2) "Risk manager" means the person appointed under Section 63A-4-101.5.
Amended by Chapter 33, 2021 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 12 - State Risk Management Fund › Section 103 - Rates charged to school districts.

31A-12-103.
Rates charged to school districts.
The rates charged to school districts for policies issued under Section 63A-4-204 are not subject to Chapter 19a, Utah Rate Regulation Act, except for the filing requirement of Subsection 31A-19a-203(1) and the public availability requirement of Section 31A-19a-204. Rate filing fees under Section 31A-3-103 shall be paid to the department by the Risk Management Fund.
Amended by Chapter 130, 1999 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 12 - State Risk Management Fund › Section 104 - Insurance policies issued to school districts.

31A-12-104.
Insurance policies issued to school districts.
Insurance policies issued by the Risk Management Fund to school districts under Section 63A-4-204 shall conform to Chapter 21, Insurance Contracts in General, and Chapter 22, Contracts in Specific Lines. Policy forms issued to the school district shall be filed under Section 31A-21-201. The policy form filing fees of Section 31A-3-103 shall be paid to the Insurance Department by the Risk Management Fund.
Amended by Chapter 212, 1993 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 12 - State Risk Management Fund › Section 107 - Governmental immunity.

31A-12-107.
Governmental immunity.
Notwithstanding any other provision of this title, a governmental entity is not an insurer for purposes of this title and is not engaged in the business of insurance to the extent that it is:
(1) covering its own liabilities under Title 63G, Chapter 7, Governmental Immunity Act of Utah; or
(2) engaging in other related risk management activities related to the normal course of its activities.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 14 - Foreign Insurers › Part 1 - General Provisions › Section 101 - Purposes of chapter.

31A-14-101.
Purposes of chapter.
This chapter's purposes are to:
(1) protect insureds, creditors, and the public by providing adequate standards and an orderly procedure for the authorization of foreign insurers;
(2) subject foreign insurers doing an insurance business in Utah to the jurisdiction of the Utah commissioner and courts; and
(3) provide Utah policyholders dealing with foreign insurers with regulatory protection equivalent to that provided to Utah policyholders dealing with domestic insurers.
Enacted by Chapter 242, 1985 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 14 - Foreign Insurers › Part 1 - General Provisions › Section 104 - Reservation and registration of corporate name.

31A-14-104.
Reservation and registration of corporate name.
Section 31A-5-201 applies to foreign corporations with respect to the reservation and registration of corporate names.
Amended by Chapter 204, 1986 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 14 - Foreign Insurers › Part 1 - General Provisions › Section 105 - Authorized nondomestic insurers.

31A-14-105.
Authorized nondomestic insurers.
Except as otherwise provided, beginning July 1, 1986, this chapter applies to nondomestic insurers authorized under former Title 31.
Enacted by Chapter 242, 1985 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 14 - Foreign Insurers › Part 1 - General Provisions › Section 106 - Applicability of corporation provisions.

31A-14-106.
Applicability of corporation provisions.
Except to the extent made applicable by reference under this title, Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act, and Title 16, Chapter 10a, Utah Revised Business Corporation Act, do not apply to insurers licensed under this chapter.
Amended by Chapter 340, 2011 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 14 - Foreign Insurers › Part 2 - Authorization of Foreign Insurers › Section 202 - Certificate of authority.

31A-14-202.
Certificate of authority.
(1) The commissioner shall either issue a certificate of authority to an applicant under Section 31A-14-201 or issue an order refusing the certificate which explains why he finds that:
(a) not all specific requirements of the law have been met, including the requirements of Section 31A-14-209 for an alien insurer;
(b) the applicant is not sound, reliable, entitled to public confidence, or cannot reasonably be expected to perform its obligations continuously in the future;
(c) the applicant's directors and officers or, in the case of an alien insurer, its United States manager, are not sufficiently trustworthy and competent to engage in the proposed business in this state and to comply with the laws of this state; or
(d) the applicant has not been in existence long enough to demonstrate its competence to engage in the proposed business in this state.
(2) If the commissioner finds that the applicant does not comply with all requirements of the law, the commissioner may, after a hearing under Section 31A-2-301, issue a certificate of authority if the purposes of each unsatisfied requirement and the protection of insureds, creditors, and the public in this state are otherwise achieved by:
(a) a deposit in trust to be established and maintained under Section 31A-2-206;
(b) a bond acceptable to the commissioner conditioned on the satisfaction of the purposes of the requirement;
(c) special limits on the applicant's business or methods of operation in this state or elsewhere; or
(d) other protective devices satisfactory to the commissioner.
(3) The certificate of authority shall specify the terms of any deposit or bond required as a condition for authorization, any limits placed on the insurer's business or methods of operation in this state, and any other conditions imposed under Subsection (2).
(4) An insurer may apply to the commissioner for a new certificate of authority, removing, altering, or adding limits on its business or methods of operation. The application shall be accompanied by the information specified in Section 31A-14-201 that the commissioner reasonably requires. The commissioner shall issue the new certificate as requested if he would do so if an initial application were being made.
Amended by Chapter 204, 1986 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 14 - Foreign Insurers › Part 2 - Authorization of Foreign Insurers › Section 203 - Admission of foreign fraternals.

31A-14-203.
Admission of foreign fraternals.
(1) A foreign fraternal may apply for authorization to transact business in Utah, by filing with the commissioner:
(a) a certified copy of its articles and bylaws;
(b) a power of attorney to the commissioner to receive service of process and other papers;
(c) a certificate from the commissioner in its domiciliary jurisdiction that the fraternal is authorized to transact business in that jurisdiction;
(d) a copy of each of its contract forms;
(e) a statement of its business in the form required by the commissioner, showing that the business of the fraternal substantially complies with all the provisions of law relating to similar domestic fraternals; and
(f) other information the commissioner may reasonably request.
(2) The commissioner shall examine the applicant fraternal.
(3) The commissioner shall grant a certificate of authority to do business in Utah if the fraternal's condition and practices protect the interests of potential insureds, creditors, and the public.
Enacted by Chapter 242, 1985 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 14 - Foreign Insurers › Part 2 - Authorization of Foreign Insurers › Section 204 - Registered agent and registered office.

31A-14-204.
Registered agent and registered office.
(1)Title 16, Chapter 17, Model Registered Agents Act, applies to the registered agent and service of process on all foreign insurers authorized to do business in this state. Whenever the words "Division of Corporations and Commercial Code" or "division" are used, they mean "insurance commissioner."
(2) The principal office shall have sufficient personnel to provide information and assistance to Utah insureds, unless the insurer informs policyholders on the policy or on other written communications of a toll-free telephone connection accessible at normal business hours in this state.
Amended by Chapter 364, 2008 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 14 - Foreign Insurers › Part 2 - Authorization of Foreign Insurers › Section 205 - Requirements from other applicable chapters.

31A-14-205.
Requirements from other applicable chapters.
(1) A foreign insurer may not be authorized to do business in this state, unless it strictly complies with the following requirements:
(a) Foreign insurers shall comply with the solvency standard set forth in Chapter 17, Part 6, Risk-Based Capital, including maintenance of minimum capital or permanent surplus under Section 31A-5-211.
(b) A foreign insurer proposing to market securities in this state shall comply with Sections 31A-5-301, 31A-5-302, and 31A-5-305, unless this marketing is subject to United States Securities and Exchange Commission regulation.
(c) Section 16-10a-1506 applies to the corporate name and the change of name of foreign stock insurers. Section 16-6a-1507 applies to the change of name of foreign mutual insurers.
(d) Subsection 31A-5-203(2)(c) applies to other business of foreign mutual insurers.
(e) Subsection 31A-5-404(2), as modified by Subsection 31A-5-404(4), applies to communications to shareholders, policyholders, or voting members of mutuals by foreign insurers.
(f) Section 31A-5-413 applies to interlocking directorates of foreign insurers.
(g) Subsection 31A-5-203(2)(d) applies to assessment liability in foreign insurers issuing assessable policies in any state.
(2) The commissioner may issue orders imposing and eliminating restrictions to foreign insurers under Section 31A-5-103.
(3) After a hearing, the commissioner may by order apply any of the provisions of Sections 31A-5-307, 31A-5-414, 31A-5-418 to a foreign corporation after finding that it is necessary for the protection of the interests of its insureds, creditors, or the public in this state. This Subsection (3) may be applied to a foreign insurer without a hearing if done under a reciprocal agreement with the domiciliary regulatory authority.
(4) If any provision made applicable to a foreign insurer under this section conflicts with the law of the insurer's domicile so that it is impossible for the corporation to comply with both laws, the law of the domicile governs.
(5) This section does not excuse or exempt any foreign insurer from complying with the provisions of this title which are otherwise applicable to a foreign insurer.
(6) This section does not apply to foreign fraternal insurers.
(7) If a licensed foreign insurer is in rehabilitation or liquidation proceedings or is found to be insolvent in its state of domicile, the commissioner may, without hearing, suspend the insurer's certificate of authority to do business in this state.
Amended by Chapter 300, 2000 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 14 - Foreign Insurers › Part 2 - Authorization of Foreign Insurers › Section 206 - Commercially domiciled insurers.

31A-14-206.
Commercially domiciled insurers.
(1) As used in this section, and except as to title insurers, the commissioner may consider a foreign insurer to be "commercially domiciled" in this state if:
(a) during the three immediately preceding calendar years, the foreign insurer wrote more insurance premiums in this state than it wrote in its state of domicile during the same period; or
(b) during the same three-year period, the foreign insurer's gross premiums written in this state constituted 15% or more of the insurer's total gross premiums written in the United States.
(2) Subject to Subsection (3), an insurer determined by the commissioner to be commercially domiciled in this state may be subjected to Chapter 16, Insurance Holding Companies, Chapter 17, Determination of Financial Condition, Chapter 18, Investments, Chapter 27, Delinquency Administrative Action Provisions, and Chapter 27a, Insurer Receivership Act, and Chapter 27a, Part 4, Liquidation, Part 5, Asset Recovery, and Part 6, Claims, in the same manner and to the same extent as domestic insurers. The commissioner shall, by order, notify any commercially domiciled insurer not exempt under Subsection (3) of the extent to which the insurer is subject to the provisions listed under this Subsection (2).
(3) The commissioner may exempt from the provisions of this section any commercially domiciled insurer if the commissioner determines that the insurer has assets physically located in this state or an asset to liability ratio sufficient to justify the conclusion that there is no reasonable danger that the operations or conduct of the business of the insurer could present a danger of loss to Utah policyholders.
(4) Subsection 31A-14-205(4) applies to the conflict of the laws of this state with the laws of the insurer's domicile for foreign insurers, including commercially domiciled insurers, under this section.
(5) This section does not excuse or exempt any foreign insurer from complying with the provisions under this title which are otherwise applicable to a foreign insurer.
Amended by Chapter 309, 2007 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 14 - Foreign Insurers › Part 2 - Authorization of Foreign Insurers › Section 207 - Exclusive agency and management contracts.

31A-14-207.
Exclusive agency and management contracts.
(1) No foreign insurer licensed under this chapter may enter into or be subject to a contract that grants or surrenders the control or management of the insurer, unless the commissioner gives express approval of the contract. If amended, a contract previously approved under this subsection must again receive the commissioner's express approval.
(2) No nondomestic insurer may enter into any contract giving a person the exclusive or dominant right to produce the entire insurance business for the insurer in this state unless the contract is filed with and approved by the commissioner. The contract is considered approved unless disapproved by the commissioner within 30 days after the date of filing. The commissioner's disapproval shall be delivered to the insurer in writing, stating the grounds for the disapproval.
(3) The commissioner may not approve an exclusive management or exclusive agency contract under Subsection (1) or (2) which:
(a) subjects the insurer to excessive charges for expenses;
(b) vests in a person any control over the general affairs of the insurer to the exclusion of its board of directors or officers;
(c) extends for an unreasonable length of time; or
(d) contains other inequitable provisions which may jeopardize the security of Utah policyholders.
Amended by Chapter 91, 1987 General Session