reglab/statecodes huggingface dataset:
2023 Utah Code › Title 31A - Insurance Code › Chapter 19a - Utah Rate Regulation Act › Part 2 - General Rate Regulation › Section 207 - Delayed effect of rates.

31A-19a-207.
Delayed effect of rates.
(1)
(a) The commissioner may by rule require that insurers in a market segment file with the commissioner any changes in rates or supplementary rate information at least 30 calendar days before they become effective if the commissioner finds, after a hearing, that in that market segment:
(i) competition is not an effective regulator of the rates charged;
(ii) that a substantial number of companies are competing irresponsibly through the rates charged; or
(iii) that there are widespread violations of this chapter.
(b) The commissioner may extend the waiting period under Subsection (1)(a) for not to exceed 30 additional calendar days by written notice to the filer before the first 30-day period expires.
(c) In determining whether competition is an effective regulator of the rates charged, the commissioner shall consider, as to the particular market segment:
(i) the number of insurers actively engaged in providing coverage;
(ii) the respective market shares of insurers providing coverage;
(iii) the volatility of market share fluctuations;
(iv) the ease of entry into the market; and
(v) any other known relevant factors.
(2)
(a) If the commissioner finds that a market segment is noncompetitive under Subsection (1), all rates previously filed and in use may continue to be used until disapproved.
(b) After a finding of a noncompetitive market under Subsection (1), for purposes of disapproval, the commissioner shall treat the filing of existing rates as having been filed as of the date of the rule under Subsection (1).
(3) A competitive market is presumed to exist, unless the commissioner makes a contrary finding under Subsection (1).
(4)
(a) A rule issued under Subsection (1) expires no later than one year from the date on which the rule was adopted, unless the commissioner, after a hearing, renews the rule.
(b) A renewal hearing for a rule issued under Subsection (1) may not be held earlier than nine months after the date on which the rule was issued or last renewed.
Renumbered and Amended by Chapter 130, 1999 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 19a - Utah Rate Regulation Act › Part 2 - General Rate Regulation › Section 208 - Special restrictions on individual insurers.

31A-19a-208.
Special restrictions on individual insurers.
(1) The commissioner may require by order that a particular insurer file any or all of its rates and supplementary rate information 30 calendar days prior to their effective date, if the commissioner finds, after a hearing, that to protect the interests of the insurer's insureds and the public in Utah, the commissioner shall exercise closer supervision of the insurer's rates, because of the insurer's financial condition or rating practices.
(2) The commissioner may extend the waiting period described in Subsection (1) for any filing for not to exceed 30 additional calendar days, by written notice to the insurer before the first 30-day period expires.
(3) A filing that has not been disapproved before the expiration of the waiting period is considered to meet the requirements of this chapter, subject to the possibility of subsequent disapproval under Section 31A-19a-206.
Amended by Chapter 297, 2011 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 19a - Utah Rate Regulation Act › Part 2 - General Rate Regulation › Section 209 - Special provisions for title insurance.

Effective 5/3/2023
31A-19a-209.
Special provisions for title insurance.
(1)
(a)
(i) The Title and Escrow Commission may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and subject to Section 31A-2-404, establishing rate standards and rating methods.
(ii) The commissioner shall determine compliance with rate standards and rating methods for title insurers, individual title insurance producers, and agency title insurance producers.
(b) In addition to the considerations in determining compliance with rate standards and rating methods as set forth in Sections 31A-19a-201 and 31A-19a-202, including for title insurers, the commissioner and the Title and Escrow Commission shall consider the costs and expenses incurred by title insurers, individual title insurance producers, and agency title insurance producers pertaining to the business of title insurance including:
(i) the maintenance of title plants; and
(ii) the examining of public records to determine insurability of title to real property.
(2) A title insurer, individual title insurance producer, or agency title insurance producer may not use any rate or other charge relating to the business of title insurance, including rates or charges for escrow that would cause the title insurance company, individual title insurance producer, or agency title insurance producer to:
(a) operate at less than the cost of doing
the insurance business; or
(b) fail to adequately underwrite a title insurance policy.
Amended by Chapter 194, 2023 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 19a - Utah Rate Regulation Act › Part 2 - General Rate Regulation › Section 210 - Dividend and participating plans.

31A-19a-210.
Dividend and participating plans.
(1)
(a) This part does not prohibit the distribution by an insurer to a policyholder of any of the following allowed or returned by the insurer:
(i) dividends;
(ii) savings; or
(iii) unabsorbed premium deposits.
(b) Notwithstanding Subsection (1)(a), an insurer may not distribute dividends, savings, or unabsorbed premium deposits to an entity that has no insurable interest in the insurance.
(2) An insurer may not unfairly discriminate between policyholders in the payment of dividends, savings, or unabsorbed premium deposits.
(3)
(a) A declaration of dividends or schedule explaining the basis for the distribution of dividends, savings, or unabsorbed premium deposits allowed or returned by an insurer to its policyholders is not a rating plan or system if the insurer:
(i) determines and declares the declaration or schedule after a specified policy accounting period; and
(ii) files the declaration or schedule pursuant to Section 31A-21-310.
(b) A declaration or schedule described under Subsection (3)(a) is not required to be filed with the commissioner under this chapter.
(4)
(a) A dividend or participating plan developed by insurers establishing given criteria for eligibility and the general basis for distribution for a dividend, if declared, is considered a rating plan if the plan is to be applicable to an insurance policy from its inception.
(b) A plan described in Subsection (4)(a) shall be filed with the commissioner pursuant to this part.
(5) An insurer may not make the distribution of a dividend or any portion of a dividend conditioned upon renewal of the policy or contract.
Enacted by Chapter 130, 1999 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 19a - Utah Rate Regulation Act › Part 2 - General Rate Regulation › Section 212 - Premium increases prohibited for certain claims or inquiries.

31A-19a-212.
Premium increases prohibited for certain claims or inquiries.
(1) Each rate, rating schedule, and rating manual filed for personal lines insurance may not permit a premium increase due to:
(a) a telephone call or other inquiry that does not result in the insured requesting the payment of a claim; or
(b) a claim under a policy of insurance covering a motor vehicle or the operation of a motor vehicle resulting from any incident, including acts of vandalism, in which the person named in the policy or any other person using the insured motor vehicle with the express or implied permission of the named insured is not at fault.
(2) Subsection (1) prohibits a premium increase when:
(a) a policy is issued; or
(b) a policy is renewed.
(3) This section is an exception to Section 31A-19a-201.
Amended by Chapter 117, 2004 General Session
Amended by Chapter 266, 2004 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 19a - Utah Rate Regulation Act › Part 2 - General Rate Regulation › Section 213 - Joint underwriting.

31A-19a-213.
Joint underwriting.
Notwithstanding Subsection 31A-19a-306(2)(a), insurers participating in joint underwriting associations or joint reinsurance pursuant to Section 31A-20-102 or other arrangements for risk sharing may in connection with such activity act in cooperation with each other in the making of one or more of the following:
(1) rates;
(2) rating systems;
(3) policy forms;
(4) underwriting rules;
(5) surveys;
(6) inspections and investigations;
(7) the furnishing of loss and expense statistics or other information; or
(8) research.
Enacted by Chapter 130, 1999 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 19a - Utah Rate Regulation Act › Part 2 - General Rate Regulation › Section 214 - Rating tiers.

31A-19a-214.
Rating tiers.
(1) An insurer may file with the commissioner a rate filing that provides for a program with more than one rate level in the same company or group of companies if:
(a) the program is based, to the extent feasible, upon mutually exclusive underwriting rules per tier;
(b) the underwriting rules are based on clear, objective criteria that would lead to a logical distinguishing of potential risk; and
(c) in filing to establish tiers, the insurer provides supporting information that evidences a clear distinction between the expected losses and expenses for each tier.
(2) A rating tier may not be continued if premium, loss, and expense data fail to show a continued clear distinction between the tiers.
Enacted by Chapter 130, 1999 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 19a - Utah Rate Regulation Act › Part 2 - General Rate Regulation › Section 215 - False or misleading information.

31A-19a-215.
False or misleading information.
A person or organization may not:
(1) willfully withhold from the commissioner, any rate service organization, or any insurer information that will affect the rates or premiums chargeable under this chapter; or
(2) knowingly give false or misleading information to the commissioner, any rate service organization, or any insurer.
Enacted by Chapter 130, 1999 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 19a - Utah Rate Regulation Act › Part 2 - General Rate Regulation › Section 216 - Charging of rates.

31A-19a-216.
Charging of rates.
An authorized insurer, licensed insurance producer, employee, other representative of an authorized insurer may not knowingly:
(1) charge or demand a rate or receive a premium that departs from the rates, rating plans, classifications, schedules, rules, and standards in effect on behalf of the insurer; or
(2) issue or make any policy or contract involving a violation of Subsection (1).
Amended by Chapter 298, 2003 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 19a - Utah Rate Regulation Act › Part 2 - General Rate Regulation › Section 217 - Grievance procedures.

31A-19a-217.
Grievance procedures.
(1)
(a) An insured affected by a rate may submit a written request for information to the rate service organization or insurer that made the rate.
(b) The rate service organization or insurer shall answer a request made under Subsection (1)(a) within 45 calendar days from the date it received the request by furnishing all pertinent rating information to:
(i) the insured; or
(ii) the insured's authorized representative.
(2)
(a) A person aggrieved by the manner in which a rate service organization or an insurer has applied its rating system in connection with the insurance afforded to that person may submit a written request for review to the rate service organization or insurer.
(b) If a request for review is filed under Subsection (2)(a), the rate service organization or insurer shall provide a reasonable review procedure within Utah.
(c) The review shall examine the application of the rating system in connection with the insurance afforded the person that requested review.
(d) The person that requested review may be heard in person or through an authorized representative.
(e) If the rate service organization or insurer fails to grant the request for review within 30 calendar days from the date the request is made, the applicant may appeal in writing to the commissioner.
(f) If an appeal is filed under Subsection (2)(e), the commissioner may order the rate service organization or insurer to provide the review in accordance with this Subsection (2).
(3) After a review under Subsection (2), the person that requested review may request the commissioner to confirm that the insurance afforded was rated according to filed rates and rating plans.
Renumbered and Amended by Chapter 130, 1999 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 19a - Utah Rate Regulation Act › Part 2 - General Rate Regulation › Section 218 - Appeal from filing.

31A-19a-218.
Appeal from filing.
(1)
(a) A person aggrieved by a filing that is in effect may apply to the commissioner in writing for a hearing.
(b) The application described under Subsection (1)(a) shall:
(i) specify the grounds upon which the applicant intends to rely to establish the grievance; and
(ii) state why the filing does not meet the requirements of law.
(2) On receipt of an application for hearing under Subsection (1), the commissioner shall grant the requested hearing if the commissioner finds that:
(a) the application was made in good faith;
(b) the grievance is justified, assuming the applicant's grounds can be established; and
(c) the grounds otherwise justify holding such a hearing.
(3) A hearing granted under Subsection (2) shall be held:
(a) within 30 calendar days from the date of receipt of the application; and
(b) not less than 10 days after written notice to:
(i) the applicant;
(ii) each insurer that made the filing; and
(iii) each rate service organization that made the filing.
(4)
(a) If after the hearing the commissioner finds that the filing is defective, the commissioner shall issue an order:
(i) specifying the respects in which the filing fails to meet the requirements of the law; and
(ii) setting a date after which the filing ceases to be effective.
(b) A copy of the order shall be sent to each party to the dispute.
(c) The order may not affect any contract or policy made or issued before the date set forth in the order.
Renumbered and Amended by Chapter 130, 1999 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 19a - Utah Rate Regulation Act › Part 3 - Rate Service Organizations › Section 301 - Operation and control of rate service organizations.

31A-19a-301.
Operation and control of rate service organizations.
(1)
(a) A rate service organization may not provide any service relating to statistical collection or the rates of any insurance subject to this chapter unless the organization is licensed under Section 31A-19a-302.
(b) An insurer may not use the services of the organization for the purposes described in Subsection (1)(a), unless the organization is licensed under Section 31A-19a-302.
(2) A rate service organization may not refuse to supply any services for which it is licensed in this state to any insurer:
(a) authorized to do business in this state; and
(b) that offers to pay the fair and usual compensation for the services.
Renumbered and Amended by Chapter 130, 1999 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 19a - Utah Rate Regulation Act › Part 3 - Rate Service Organizations › Section 302 - Licensing of rate service organizations.

31A-19a-302.
Licensing of rate service organizations.
(1) A rate service organization applying for a license shall include with its application:
(a) a copy of its constitution, charter, articles of organization, agreement, association, or incorporation, and a copy of its bylaws, plan of operation, and any other rules or regulations governing the conduct of its business;
(b) a list of its members and subscribers;
(c) the name and address of one or more residents of Utah upon whom notices, processes affecting it, or orders of the commissioner may be served;
(d) a statement explaining in what capacity it plans to function and showing its technical qualifications for acting in the capacity for which it seeks a license;
(e) biographical information, as defined by the department, of the officers and directors of the organization; and
(f) any other relevant information and documents that the commissioner requires.
(2) A rate service organization that applies for a license under Subsection (1) shall promptly notify the commissioner of every material change in the facts or in the documents on which its application was based.
(3)
(a) The commissioner shall issue a license specifying the authorized activity of an applicant, if the commissioner finds that:
(i) the applicant and the natural persons through whom it acts are competent, trustworthy, and technically qualified to provide the services proposed; and
(ii) all the requirements of law are met.
(b) The commissioner may not issue a license if the proposed activity would tend to:
(i) create a monopoly; or
(ii) lessen or substantially lessen the competition in any market.
(4)
(a) Any license issued under this chapter shall be subject to annual renewal.
(b) A fee shall be charged for the initial license and for renewal. The fee shall be set by the Legislature under Section 31A-3-103.
(5) Any amendment to a document filed under Subsection (1)(a) shall be filed within at least 30 calendar days after the day the document becomes effective. Failure to comply with this Subsection (5) is a ground for revocation of the license granted under Subsection (3).
(6) The license of each rate service organization licensed under former Title 31, Chapter 18, is continued under this chapter.
Renumbered and Amended by Chapter 130, 1999 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 19a - Utah Rate Regulation Act › Part 3 - Rate Service Organizations › Section 303 - Termination of license.

31A-19a-303.
Termination of license.
(1) A license issued under this chapter remains in force until:
(a) revoked, suspended, or limited under Subsection (2);
(b) lapsed under Subsection (3); or
(c) surrendered to and accepted by the commissioner.
(2)
(a) After a hearing, the commissioner may revoke, suspend, or limit in whole or in part, the license of any person licensed under this part, if:
(i) the licensee is found to be unqualified;
(ii) the licensee is found to have violated:
(A) an insurance statute;
(B) a valid rule under Subsection 31A-2-201(3); or
(C) a valid order under Subsection 31A-2-201(4); or
(iii) the licensee's methods and practices in the conduct of business endanger the legitimate interests of policyholders, insurers, or the public.
(b) An order suspending a license issued under this chapter shall specify the period of suspension, but in no event may the suspension period exceed 12 months.
(3)
(a) Any license issued under this chapter shall lapse if the licensee fails to pay a fee when due.
(b) A license that lapses under this Subsection (3) may be reinstated if the licensee, within 90 calendar days from the day the license lapsed, pays twice the usual license renewal fee.
(4) A licensee whose license is suspended or revoked, but who continues to act as a licensee is subject to the penalties applicable to violating Subsection 31A-19a-301(1).
(5)
(a) An order revoking a license under Subsection (2) may specify a time, not to exceed five years, within which the former licensee may not apply for a new license.
(b) If under Subsection (5)(a) no time is specified, the former licensee may not apply for five years, without the express approval of the commissioner.
(6)
(a) Any person whose license is suspended or revoked shall, when the suspension ends or a new license is issued, pay all fees that would have been payable if the license had not been suspended or revoked, unless the commissioner, by order, waives the payment of the interim fees.
(b) If a new license is issued more than three years after the revocation of a similar license, Subsection (6)(a) applies only to the fees that would have accrued during the three years immediately following the revocation.
Renumbered and Amended by Chapter 130, 1999 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 19a - Utah Rate Regulation Act › Part 3 - Rate Service Organizations › Section 304 - Probation.

31A-19a-304.
Probation.
(1)
(a) In any circumstances that would justify a suspension under Section 31A-19a-303, instead of a suspension, the commissioner may, after a hearing, put the licensee on probation for a specified period not to exceed 12 months from the date of probation.
(b) The probation order shall state the conditions for retention of the license, which shall be reasonable.
(2) Violation of the probation constitutes grounds for revocation pursuant to a proceeding authorized under Title 63G, Chapter 4, Administrative Procedures Act.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 19a - Utah Rate Regulation Act › Part 3 - Rate Service Organizations › Section 305 - Anti-competitive agreements prohibited.

31A-19a-305.
Anti-competitive agreements prohibited.
(1)
(a) An insurer may not assume any obligation to any person other than a policyholder or other company under common control, to use or adhere to certain rates or rating procedures.
(b) Except for a policyholder or other company under common control, a person may not impose any penalty or other adverse consequence for failure of an insurer to adhere to certain rates or rating procedures.
(2) This section does not apply to rates used:
(a) by a joint underwriting group;
(b) by a pool;
(c) under quota share reinsurance treaties; or
(d) by a residual market mechanism.
Renumbered and Amended by Chapter 130, 1999 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 19a - Utah Rate Regulation Act › Part 3 - Rate Service Organizations › Section 306 - Insurers and rate service organizations -- Prohibited activity.

31A-19a-306.
Insurers and rate service organizations -- Prohibited activity.
(1) An insurer or rate service organization may not:
(a) attempt to monopolize, or combine or conspire with any other person to monopolize an insurance market; or
(b) engage in a boycott of an insurance market on a concerted basis.
(2)
(a) Except as provided in Subsection (2)(c), an insurer may not agree with any other insurer or with a rate service organization to mandate adherence to or to mandate use of any:
(i) rate;
(ii) prospective loss cost;
(iii) rating plan;
(iv) rating schedule;
(v) rating rule;
(vi) policy or bond form;
(vii) rate classification;
(viii) rate territory;
(ix) underwriting rule;
(x) survey;
(xi) inspection; or
(xii) material similar to those described in Subsections (2)(a)(i) through (xi).
(b) The fact that two or more insurers, whether or not members or subscribers of a rate service organization, use consistently or intermittently the same materials described in Subsection (2)(a) is not sufficient in itself to support a finding that an agreement exists.
(c) An insurer may enter into an agreement prohibited by Subsection (2)(a):
(i) to the extent needed to facilitate the reporting of statistics to:
(A) a rate service organization;
(B) a statistical agent; or
(C) the commissioner; or
(ii) as provided in Part 4, Workers' Compensation Rates.
(3) Two or more insurers having a common ownership or operating in this state under common management or control may act in concert between or among themselves with respect to any matters pertaining to those activities authorized in this section as if they constituted a single insurer.
(4) An insurer or rate service organization may not make any arrangement with any other insurer, rate service organization, or other person that has the purpose or effect of unreasonably restraining trade or unreasonably lessening competition in the business of insurance.
Enacted by Chapter 130, 1999 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 19a - Utah Rate Regulation Act › Part 3 - Rate Service Organizations › Section 307 - Rate service organizations -- Permitted activity.

31A-19a-307.
Rate service organizations -- Permitted activity.
A rate service organization may on behalf of its members and subscribers:
(1) develop statistical plans including territorial and class definitions;
(2) collect statistical data from:
(a) members;
(b) subscribers; or
(c) any other source;
(3) prepare, file, and distribute prospective loss costs which may include provisions for special assessments;
(4) prepare, file, and distribute:
(a) factors;
(b) calculations;
(c) formulas pertaining to classification; or
(d) territory, increased limits, and other variables;
(5) prepare, file, and distribute supplementary rating information;
(6) distribute information that is required or directed to be filed with the commissioner;
(7) conduct research and on-site inspections to prepare classifications of public fire defenses;
(8) consult with public officials regarding public fire protection as it would affect members, subscribers, and others;
(9) conduct research and onsight inspections to discover, identify, and classify information relating to causes or prevention of losses;
(10) conduct research relating to the impact of statutory changes upon prospective loss costs;
(11) prepare, file, and distribute policy forms and endorsements;
(12) consult with members, subscribers, and others concerning use and application of the policy forms and endorsements described in Subsection (11);
(13) conduct research and on-site inspections for the purpose of providing risk information relating to individual structures;
(14) conduct on-site inspections to determine rating classifications for individual insureds;
(15) collect, compile, and publish past and current prices of individual insurers, provided the information is also made available to the general public at a reasonable cost;
(16) collect and compile exposure and loss experience for the purpose of individual risk experience ratings;
(17) furnish any other services, as approved or directed by the commissioner, related to those enumerated in this section; and
(18) engage in any other activity not prohibited by this title.
Enacted by Chapter 130, 1999 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 19a - Utah Rate Regulation Act › Part 3 - Rate Service Organizations › Section 308 - Rate service organizations -- Filing requirements.

31A-19a-308.
Rate service organizations -- Filing requirements.
(1) A rate service organization shall file with the commissioner any of the following that is used in this state:
(a) any statistical plan;
(b) all prospective loss costs;
(c) provisions for special assessments;
(d) all supplementary rating information; and
(e) any change, amendment, or modification of an item described in Subsections (1)(a) through (d).
(2) The filings required under Subsection (1) shall be subject to Sections 31A-19a-203 and 31A-19a-206 and other provisions of this chapter relating to filings made by insurers.
Enacted by Chapter 130, 1999 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 19a - Utah Rate Regulation Act › Part 3 - Rate Service Organizations › Section 309 - Recording and reporting of experience.

31A-19a-309.
Recording and reporting of experience.
(1)
(a) The commissioner may adopt rules for the development of statistical plans, for use by all insurers in recording and reporting their loss and expense experience, in order that the experience of those insurers may be made available to the commissioner.
(b) The rules provided for in Subsection (1) may include:
(i) the data that shall be reported by an insurer;
(ii) definitions of data elements;
(iii) the timing and frequency of data reporting by an insurer;
(iv) data quality standards;
(v) data edit and audit requirements;
(vi) data retention requirements;
(vii) reports to be generated; and
(viii) the timing of reports to be generated.
(c) Except for workers' compensation insurance under Section 31A-19a-404, an insurer may not be required to record or report its experience on a classification basis that is inconsistent with its own rating system.
(2)
(a) The commissioner may designate one or more rate service organizations to assist the commissioner in gathering that experience and making compilations of the experience.
(b) The compilations developed under Subsection (2)(a) shall be made available to the public.
(3) The commissioner may make rules and plans for the interchange of data necessary for the application of rating plans.
(4) To further uniform administration of rate regulatory laws, the commissioner and every insurer and rate service organization may:
(a) exchange information and experience data with insurance supervisory officials, insurers, and rate service organizations in other states; and
(b) consult with the persons described in Subsection (4)(a) with respect to the application of rating systems and the reporting of statistical data.
Amended by Chapter 297, 2011 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 19a - Utah Rate Regulation Act › Part 4 - Workers' Compensation Rates › Section 401 - Scope of part.

Effective 12/31/2017
31A-19a-401.
Scope of part.
(1) This part applies to workers' compensation insurance and employers' liability insurance written in connection with workers' compensation insurance.
(2) An insurer writing workers' compensation coverage is subject to this part.
Amended by Chapter 363, 2017 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 19a - Utah Rate Regulation Act › Part 4 - Workers' Compensation Rates › Section 402 - Purpose.

31A-19a-402.
Purpose.
It is the purpose of this part to:
(1) establish specific provisions for the filing of workers' compensation rates in addition to those provided in Part 2, General Rate Regulation;
(2) provide for review by the department of workers' compensation rate-making and the results of it; and
(3) provide for a designated rate service organization to perform certain functions on behalf of the commissioner.
Renumbered and Amended by Chapter 130, 1999 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 19a - Utah Rate Regulation Act › Part 4 - Workers' Compensation Rates › Section 403 - Definitions.

31A-19a-403.
Definitions.
As used in this part:
(1) "Uniform classification plan," in addition to the definition of "classification system" in Section 31A-19a-102, means a plan:
(a) that is consistent between all insurers of classification codes and descriptions; and
(b) by which like workers' compensation exposures are grouped for the purposes of underwriting, rating, and statistical reporting.
(2) "Uniform experience rating plan" means a plan that is consistent between all insurers for experience rating entities insured for workers' compensation insurance.
(3) "Uniform statistical plan" means a plan that is consistent between all insurers that is used for the reporting of workers' compensation insurance statistical data.
Amended by Chapter 90, 2004 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 19a - Utah Rate Regulation Act › Part 4 - Workers' Compensation Rates › Section 405 - Filing of rates and other rating information.

Effective 5/12/2020
31A-19a-405.
Filing of rates and other rating information.
(1)
(a) All workers' compensation rates, supplementary rate information, and supporting information shall be filed at least 30 days before the effective date of the rate or information.
(b) Notwithstanding Subsection (1)(a), on application by the filer, the commissioner may authorize an earlier effective date.
(2) The loss and loss adjustment expense factors included in the rates filed under Subsection (1) shall be:
(a) the advisory loss costs filed by the designated rate service organization under Section 31A-19a-406; or
(b) a percent modification of the advisory loss costs filed by the designated rate service organization under Section 31A-19a-406.
(3) A modification filed under Subsection (2)(b) shall be accompanied by adequate support as required by Part 2, General Rate Regulation.
Amended by Chapter 32, 2020 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 19a - Utah Rate Regulation Act › Part 4 - Workers' Compensation Rates › Section 406 - Filing requirements for designated rate service organization.

Effective 5/12/2020
31A-19a-406.
Filing requirements for designated rate service organization.
(1) The rate service organization designated under Section 31A-19a-404 shall file with the commissioner the following items proposed for use in this state at least 30 calendar days before the day on which the items are distributed to members, subscribers, or others:
(a) each advisory loss cost with its supporting information;
(b) the uniform classification plan and rating manual;
(c) the uniform experience rating plan manual;
(d) the uniform statistical plan manual; and
(e) each change, amendment, or modification of any of the items listed in Subsections (1)(a) through (d).
(2)
(a) If the commissioner believes that advisory loss costs filed violate the excessive, inadequate, or unfair discriminatory standard in Section 31A-19a-201 or any other applicable requirement of this part, the commissioner may require that the rate service organization file additional supporting information.
(b) If, after reviewing the supporting information, the commissioner determines that the advisory loss costs violate these requirements, the commissioner may:
(i) require that adjustments to the advisory loss costs be made; or
(ii) call a hearing for any purpose regarding the filing.
Amended by Chapter 32, 2020 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 19a - Utah Rate Regulation Act › Part 4 - Workers' Compensation Rates › Section 407 - Cooperation among rating organizations and insurers

31A-19a-407.
Cooperation among rating organizations and insurers
(1) Notwithstanding Section 31A-19a-305, rate service organizations and insurers may cooperate with each other in rate-making or in other matters within the scope of this part.
(2)
(a) The commissioner may review the cooperative activities and practices permitted under Subsection (1).
(b) If, after a hearing, the commissioner finds any of the cooperative activities or practices permitted under Subsection (1) to be unfair, unreasonable, or otherwise inconsistent with the law, the commissioner may issue an order:
(i) specifying in what respects the activity or practice is unfair, unreasonable, or otherwise inconsistent with the law; and
(ii) requiring the persons or entities involved to discontinue the activity or practice.
Enacted by Chapter 130, 1999 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 19a - Utah Rate Regulation Act › Part 4 - Workers' Compensation Rates › Section 408 - Procedures for workers' compensation tiered rate filings.

31A-19a-408.
Procedures for workers' compensation tiered rate filings.
(1) Notwithstanding Section 31A-19a-214 and subject to the other provisions of this section, a workers' compensation insurer may file with the commissioner a rate filing for workers' compensation insurance that provides for a plan with more than one rate tier for a single insurer or an insurer group with common ownership if the filing shows that:
(a) each tier is established on underwriting rules that are based on criteria that would lead to a logical distinguishing of potential risk; and
(b) supporting actuarial analysis or other information that shows a clear distinction between the following for each tier:
(i) expected losses and expenses; and
(ii) actual losses and expenses.
(2) A workers' compensation insurer shall file with the commissioner an update of the actuarial analysis or other information required under Subsection (1)(b) at least every three years.
(3) A workers' compensation insurer may apply underwriting expertise and judgment in the tier placement process, except that underwriting expertise and judgment shall:
(a) be applied in a prudent manner; and
(b) when applied, be fair, reasonable, and fully documented.
Enacted by Chapter 242, 2011 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 20 - Underwriting Restrictions › Section 101 - Underwriting limitations.

31A-20-101.
Underwriting limitations.
No insurer may insure or attempt to insure against:
(1) a wager or gaming risk;
(2) loss of an election;
(3) the penal consequences of a crime; or
(4) punitive damages.
Amended by Chapter 204, 1986 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 20 - Underwriting Restrictions › Section 102 - Joint underwriting.

31A-20-102.
Joint underwriting.
(1) Every group, association, or other organization of insurers that engages in joint underwriting or joint reinsurance shall file with the commissioner:
(a) a copy of its constitution, articles of incorporation, or agreement of association, and its bylaws or rules governing its activities, all certified by the custodian of the originals;
(b) a list of its members; and
(c) the name and address of its resident process agent.
(2) Every group, association, or other organization shall promptly notify the commissioner of every change in its constitution, articles of incorporation, agreement of association, bylaws, rules, its list of members, and its resident process agent.
(3)
(a) If all members of a group of insurers under this section are authorized to do business in Utah, the business done by the group shall be allocated for regulatory purposes to individual members of the group.
(b) The group itself is subject only to:
(i)Chapter 1, General Provisions;
(ii)Chapter 2, Administration of the Insurance Laws;
(iii)Chapter 4, Insurers in General;
(iv)Chapter 20, Underwriting Restrictions;
(v)Chapter 21, Insurance Contracts in General;
(vi)Chapter 22, Contracts in Specific Lines;
(vii)Chapter 23a, Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries; and
(viii)Chapter 26, Insurance Adjusters.
(c) If any member of the group is not authorized to do business in Utah, the group shall obtain authorization to do business under Chapter 14, Foreign Insurers, and is subject to regulation under that chapter.
Amended by Chapter 340, 2011 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 20 - Underwriting Restrictions › Section 103 - Classifications of insurance.

31A-20-103.
Classifications of insurance.
The commissioner may by rule define lines and classes of insurance which are not already defined under Section 31A-1-301. These definitions may be used for any purposes within the commissioner's regulatory power, including:
(1) providing instructions for reports and replies under Section 31A-2-202;
(2) controlling combinations of lines or classes of insurance; and
(3) determining which rules under Chapter 22, Contracts in Specific Lines, are applicable.
Amended by Chapter 91, 1987 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 20 - Underwriting Restrictions › Section 104 - Combinations of policies.

31A-20-104.
Combinations of policies.
Except as otherwise provided in this chapter, the commissioner may by rule establish standards for the combination of different coverages in policies and may specify whether premiums shall be separately stated for each.
Enacted by Chapter 242, 1985 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 20 - Underwriting Restrictions › Section 105 - Indemnity agreements for surety corporation.

31A-20-105.
Indemnity agreements for surety corporation.
In assessing the financial condition of a surety insurer and its underwriting capacity and limits, the commissioner shall take into account the existence of a systematic underwriting practice of indemnity or security arrangements under Section 31A-22-104.
Enacted by Chapter 242, 1985 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 20 - Underwriting Restrictions › Section 106 - Variable contracts.

31A-20-106.
Variable contracts.
(1)
(a) An insurer may not deliver or issue for delivery within this state an insurance policy that provides a life or annuity benefit in a variable amount until the insurer:
(i) is licensed to do a life insurance or annuity business in this state; and
(ii) satisfies the commissioner that the insurer's condition and methods of operation in connection with those types of insurance policies do not render the insurer's operation hazardous to the public or its policyholders in this state.
(b) Notwithstanding any other provision of law, the commissioner has sole authority to:
(i) regulate the issuance and sale of a variable contract; and
(ii) make rules necessary and appropriate to carry out this chapter in relation to a variable contract.
(2) In determining the qualification of an insurer requesting authority to deliver an insurance policy described in Subsection (1) in this state, the commissioner shall consider:
(a) the history and financial condition of the insurer;
(b) the character, responsibility, and general fitness of the insurer's officers and directors; and
(c) in the case of a foreign insurer, whether the regulation provided by the state of its domicile or the jurisdiction in which its head office is located provides protection to policyholders and the public substantially equal to that provided by this title and the rules issued under this title.
(3) If an insurer is a subsidiary of an admitted life insurer, or affiliated with an admitted life insurer through common management or ownership, the commissioner may consider the insurer to have met the requirements of this section if:
(a) the insurer meets the requirements of this section; or
(b) the parent or the affiliated insurer meets the requirements of this section.
(4) This title applies to a separate account or a contract relating to the separate account, except:
(a) Sections 31A-22-402, 31A-22-407, and 31A-22-409, in the case of a variable annuity policy;
(b) Sections 31A-22-402, 31A-22-407, and 31A-22-408, in the case of a variable life insurance policy; and
(c) as otherwise provided in this title.
Amended by Chapter 10, 2010 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 20 - Underwriting Restrictions › Section 108 - Single risk limitation.

31A-20-108.
Single risk limitation.
(1) This section applies to all lines of insurance, including ocean marine and reinsurance, except:
(a) title insurance;
(b) workers' compensation insurance;
(c) occupational disease insurance;
(d) employers' liability insurance; and
(e) health insurance.
(2)
(a) Except as provided under Subsections (3) and (4) and under Section 31A-20-109, an insurer authorized to do an insurance business in Utah may not expose itself to loss on a single risk in an amount exceeding 10% of its capital and surplus.
(b) The commissioner may adopt rules to calculate surplus under this section.
(c) An insurer may deduct the portion of a risk reinsured by a reinsurance contract worthy of a reserve credit under Sections 31A-17-404 through 31A-17-404.4 in determining the limitation of risk under this section.
(3)
(a) The commissioner may adopt rules, after hearings held with notice provided under Section 31A-2-303, to specify the maximum exposure to which an assessable mutual may subject itself.
(b) The rules described in Subsection (3)(a) may provide for classifications of insurance and insurers to preserve the solidity of insurers.
(4) As used in this section, a "single risk" includes all losses reasonably expected as a result of the same event.
(5) A company transacting fidelity or surety insurance may expose itself to a risk or hazard in excess of the amount prescribed in Subsection (2), if the commissioner, after considering all the facts and circumstances, approves the risk.
Amended by Chapter 349, 2009 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 20 - Underwriting Restrictions › Section 109 - Single risk limitation for title insurance.

31A-20-109.
Single risk limitation for title insurance.
(1) As used in this section:
(a) "Net retained liability" means the total potential liability retained by a title insurer for a single risk, after deducting liability reinsured for which credit may be taken under Section 31A-17-404.
(b) "Single risk" means the sum of the potential liabilities under all title insurance policies issued on any estates in the same real property.
(2) The net retained liability of a title insurer for a single risk, whether assumed directly or as reinsurance, may not exceed 50% of the capital and surplus of the insurer.
Enacted by Chapter 242, 1985 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 20 - Underwriting Restrictions › Section 110 - Underwriting rules for title insurance.

Effective 5/12/2015
31A-20-110.
Underwriting rules for title insurance.
(1) A title insurance policy may not be written until the title insurer or its individual title insurance producer or agency title insurance producer has conducted a reasonable examination of the title and has made a determination of insurability of title under sound underwriting principles. Evidence of this examination and reasonable determination shall be retained in the files of the title insurer or its individual title insurance producer or agency title insurance producer for not less than 15 years after the policy has been issued, either in its original form or as recorded by any process which can accurately and reliably reproduce the original. This section does not apply to a company assuming liability through a contract of reinsurance, or to a company acting as coinsurer, if another coinsuring company has complied with this section.
(2) A title insurance policy may not be issued except by a title insurer, an individual title insurance producer who is appointed by an insurer, or agency title insurance producer licensed under Section 31A-23a-105.
(3) This section is enforceable only by the commissioner. It does not create, eliminate, or modify any private cause of action or remedy.
Amended by Chapter 330, 2015 General Session