reglab/statecodes huggingface dataset:
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 1 - Contracts of Suretyship › Section 104 - Indemnity agreements and security for benefit of surety.

31A-22-104.
Indemnity agreements and security for benefit of surety.
(1) Any insurer authorized to do a surety business may contract with any person, including a principal debtor under a suretyship obligation, for indemnity or security to protect the surety against losses. No indemnity agreement or provision of security by the principal debtor releases from or changes the liability of the principal debtor or of the sureties from the terms established in the bond. No surety may be indemnified through funds held by the principal debtor in a fiduciary capacity.
(2) Security may be in any of the following forms:
(a) deposits of money or other property of the principal debtor which can be held by a responsible financial institution authorized by law to do that type of business, in a manner that prevents withdrawal or alienation of the money or other property without the written consent of the sureties or an order of a court of competent jurisdiction made after notice is given to the sureties and a hearing is held as directed by the court; or
(b) security interests in real or personal property perfected under the laws of Utah.
(3) This section does not affect a surety's common-law right to reimbursement, subrogation, or exoneration.
Amended by Chapter 218, 1987 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 1 - Contracts of Suretyship › Section 105 - Common control of fiduciary funds permissible.

31A-22-105.
Common control of fiduciary funds permissible.
Any fiduciary from whom a bond, undertaking, or other obligation is required may agree and arrange with his sureties for the deposit for safekeeping of any and all assets for which he is responsible with a depository institution authorized by law to hold the assets, in a manner which prevents the withdrawal or alienation of any part of the property without the written consent of the sureties, or an order of the court made after notice is given to the sureties and a hearing is held as directed by the court. This deposit agreement does not release or change the fiduciary responsibility of the principal, or the liability of the principal or sureties as established under the bond.
Enacted by Chapter 242, 1985 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 1 - Contracts of Suretyship › Section 106 - Petition of fiduciary's surety to be relieved from liability.

31A-22-106.
Petition of fiduciary's surety to be relieved from liability.
Any surety securing others against losses caused by breach of duty by a fiduciary, herein called "principal," may petition the court where the surety's obligation is filed or which has jurisdiction over the principal, for an order relieving the surety from further liability for the acts or omissions of the principal. This order may be issued only after the court is satisfied that the principal has accounted to the petitioner and has obtained a new surety. The surety relieved from liability shall refund any unearned part of the premium paid which the surety held as consideration for its promise to be surety. To relieve a surety from liability, the court may order the principal to account, to obtain a new surety, or to refrain from acting except to preserve property held in a fiduciary capacity.
Enacted by Chapter 242, 1985 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 1 - Contracts of Suretyship › Section 107 - Bond premium allowable expense of fiduciary.

31A-22-107.
Bond premium allowable expense of fiduciary.
Any fiduciary required by law, or the court in providing a surety to secure the fiduciary's performance, may include as part of the expense of executing the fiduciary responsibility a reasonable premium paid to a surety for becoming the fiduciary's surety. However, the court may not allow an expense allowance greater than the larger of 1% of the surety's maximum obligation or $25.
Enacted by Chapter 242, 1985 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 2 - Liability Insurance in General › Section 201 - Required provisions of liability insurance policies.

31A-22-201.
Required provisions of liability insurance policies.
Every liability insurance policy shall provide that the bankruptcy or insolvency of the insured may not diminish any liability of the insurer to third parties, and that if execution against the insured is returned unsatisfied, an action may be maintained against the insurer to the extent that the liability is covered by the policy.
Enacted by Chapter 242, 1985 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 2 - Liability Insurance in General › Section 202 - Protection of third-party claimants.

Effective 5/10/2016
31A-22-202.
Protection of third-party claimants.
(1) An insurance contract insuring against loss or damage through legal liability for the bodily injury or death by accident of any person, or for damage to the property of any person, may not be retroactively abrogated to the detriment of any third-party claimant by any agreement between the insurer and insured after the occurrence of any injury, death, or damage for which the insured may be liable. This attempted abrogation is void.
(2) A motor vehicle liability policy may be rescinded or cancelled as to an insured for fraud, material misrepresentation, or any reason allowable under the law.
(3) A motor vehicle liability policy may not be rescinded for fraud or material misrepresentation, as to minimum liability coverage limits under Section 31A-22-304, to the detriment of a third party for a loss otherwise covered by the policy.
Amended by Chapter 138, 2016 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 2 - Liability Insurance in General › Section 203 - Notice and proof of loss.

31A-22-203.
Notice and proof of loss.
Section 31A-21-312 applies to the notice required under liability policies. Subsection 31A-21-312(1) may not be construed to extend the normal provisions of any claims-made coverage that required notice of an occurrence or claim prior to the expiration of the policy for coverage to be in force.
Amended by Chapter 10, 1988 Special Session 2
Amended by Chapter 10, 1988 Special Session 2
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 2 - Liability Insurance in General › Section 204 - Restriction on limitation of coverage.

31A-22-204.
Restriction on limitation of coverage.
No insurer may limit coverage under a policy insuring against legal liability to claims that are first made against the insured while the policy is in force, unless the policy contains on the cover page, a conspicuous statement that the coverage of the policy is limited in that way.
Enacted by Chapter 242, 1985 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 2 - Liability Insurance in General › Section 205 - Applicability of restatement of law.

Effective 5/12/2020
31A-22-205.
Applicability of restatement of law.
(1) A restatement of the law of liability insurance is not the law or public policy of this state if the statement of law is inconsistent or in conflict with:
(a) the Constitution of the United States;
(b) the Utah Constitution;
(c) a state statute;
(d) state case law; or
(e) state-adopted common law.
(2) Nothing in this section precludes a court from referencing or considering a restatement or other legal treatise.
Enacted by Chapter 32, 2020 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 3 - Motor Vehicle Insurance › Section 301 - Definitions.

Effective 5/5/2021
31A-22-301.
Definitions.
As used in this part:
(1) "Motor vehicle" means the same as that term is defined in Section 41-6a-102.
(2) "Motor vehicle business" means a motor vehicle sales agency, repair shop, service station, storage garage, or public parking place.
(3) "Motor vehicle liability policy" means a policy which satisfies the requirements of Sections 31A-22-303 and 31A-22-304.
(4) "Occupying" means being in or on a motor vehicle as a passenger or operator, or being engaged in the immediate acts of entering, boarding, or alighting from a motor vehicle.
(5) "Operator" means the same as that term is defined in Subsection 41-12a-103(7).
(6) "Owner" means the same as that term is defined in Subsection 41-12a-103(8).
(7) "Pedestrian" means any natural person not occupying a motor vehicle.
Amended by Chapter 245, 2021 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 3 - Motor Vehicle Insurance › Section 302 - Required components of motor vehicle insurance policies -- Exceptions.

31A-22-302.
Required components of motor vehicle insurance policies -- Exceptions.
(1) Every policy of insurance or combination of policies purchased to satisfy the owner's or operator's security requirement of Section 41-12a-301 shall include:
(a) motor vehicle liability coverage under Sections 31A-22-303 and 31A-22-304;
(b) uninsured motorist coverage under Section 31A-22-305, unless affirmatively waived under Subsection 31A-22-305(5);
(c) underinsured motorist coverage under Section 31A-22-305.3, unless affirmatively waived under Subsection 31A-22-305.3(3); and
(d) except as provided in Subsection (2) and subject to Subsection (4), personal injury protection under Sections 31A-22-306 through 31A-22-309.
(2) A policy of insurance or combination of policies, purchased to satisfy the owner's or operator's security requirement of Section 41-12a-301 for a motorcycle, off-highway vehicle, street-legal all-terrain vehicle, trailer, or semitrailer is not required to have personal injury protection under Sections 31A-22-306 through 31A-22-309.
(3) A card issued by an insurance company as evidence of owner's or operator's security under Section 41-12a-303.2 on or after July 1, 2014, may not display the owner's or operator's address on the card.
(4)
(a) First party medical coverages may be offered or included in policies issued to motorcycle, off-highway vehicle, street-legal all-terrain vehicle, trailer, and semitrailer owners or operators.
(b) Owners and operators of motorcycles, off-highway vehicles, street-legal all-terrain vehicles, trailers, and semitrailers are not covered by personal injury protection coverages in connection with injuries incurred while operating any of these vehicles.
(5) First party medical coverage expenses shall be governed by the relative value study provisions under Subsections 31A-22-307(2) and (3).
Amended by Chapter 91, 2013 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 3 - Motor Vehicle Insurance › Section 302.5 - Named driver exclusions.

31A-22-302.5.
Named driver exclusions.
(1) A policy of personal lines insurance or combination of personal lines policies purchased to satisfy the owner's or operator's security requirement under Section 41-12a-301 may specifically exclude from coverage:
(a) a person who is a resident of the named insured's household, including a person who usually makes the person's home in the same household but temporarily lives elsewhere; or
(b) a person who usually or customarily operates the motor vehicle.
(2) The named driver exclusion under Subsection (1) is effective only if:
(a) at the time of the proposed exclusion, each person excluded from coverage satisfies the owner's or operator's security requirement under Section 41-12a-301, independently of the named insured's proof of owner's or operator's security;
(b) any named insured and the person excluded from coverage each provide written consent to the exclusion; and
(c) the insurer includes the name of each person excluded from coverage in the evidence of insurance provided to an additional insured or loss payee.
(3) The provisions of Subsection (2)(a) do not apply to the named driver exclusion of the person excluded from coverage if the person's driver license has been denied, suspended, or revoked.
(4) The named driver exclusion shall remain effective until removed by the insurer.
(5) If the driver license of a person excluded from coverage under Subsection (1) has been denied, suspended, revoked, or disqualified and the person excluded from coverage subsequently operates a motor vehicle, the exclusion shall:
(a) exclude all liability coverage and all physical damage coverage without regard to the comparative fault of the excluded driver;
(b) proportionately reduce any benefits otherwise payable to the person excluded from coverage and to any named insured for benefits payable under uninsured motorist coverage, underinsured motorist coverage, personal injury protection coverage, and first party medical coverage to the extent the person excluded from coverage was comparatively at fault; and
(c) if the person excluded from coverage is 50% or more at fault in causing the accident, bar both the excluded driver and any named insured from recovering any benefits under any coverage listed under Subsection (5)(b).
(6) The named driver exclusion under Subsection (1) does not apply when the person excluded from coverage is:
(a) a non-driving passenger in a motor vehicle; or
(b) a pedestrian.
Amended by Chapter 425, 2011 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 3 - Motor Vehicle Insurance › Section 304 - Motor vehicle liability policy minimum limits.

Effective 5/3/2023
31A-22-304.
Motor vehicle liability policy minimum limits.
(1) A policy issued or renewed on or before December 31, 2024, containing motor vehicle liability coverage may not limit the insurer's liability under that coverage below the following:
(a)
(i) $25,000 because of liability for bodily injury to or death of one person, arising out of the use of a motor vehicle in any one accident;
(ii) subject to the limit for one person in Subsection (1)(a)(i), in the amount of $65,000 because of liability for bodily injury to or death of two or more persons arising out of the use of a motor vehicle in any one accident; and
(iii) in the amount of $15,000 because of liability for injury to, or destruction of, property of others arising out of the use of a motor vehicle in any one accident; or
(b) $80,000 in any one accident whether arising from bodily injury to or the death of others, or from destruction of, or damage to, the property of others.
(2) Subject to Subsection (3), a policy issued or renewed on or after January 1, 2025, containing motor vehicle liability coverage may not limit the insurer's liability under that coverage below the following:
(a)
(i) $30,000 because of liability for bodily injury to or death of one person, arising out of the use of a motor vehicle in any one accident;
(ii) subject to the limit for one person in Subsection (2)(a)(i), in the amount of $65,000 because of liability for bodily injury to or death of two or more persons arising out of the use of a motor vehicle in any one accident; and
(iii) in the amount of $25,000 because of liability for injury to, or destruction of, property of others arising out of the use of a motor vehicle in any one accident; or
(b) $90,000 in any one accident whether arising from bodily injury to or the death of others, or from destruction of, or damage to, the property of others.
(3) Notwithstanding Subsection (2), for a policy for a self-insured, private rental fleet, the policy containing motor vehicle liability coverage may not limit the insurer's liability under that coverage below the following:
(a)
(i) $25,000 because of liability for bodily injury to or death of one person, arising out of the use of a motor vehicle in any one accident;
(ii) subject to the limit for one person in Subsection (3)(a)(i), in the amount of $65,000 because of liability for bodily injury to or death of two or more persons arising out of the use of a motor vehicle in any one accident; and
(iii) in the amount of $15,000 because of liability for injury to, or destruction of, property of others arising out of the use of a motor vehicle in any one accident; or
(b) $80,000 in any one accident whether arising from bodily injury to or the death of others, or from destruction of, or damage to, the property of others.
Amended by Chapter 51, 2023 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 3 - Motor Vehicle Insurance › Section 305.5 - Uninsured motorist property damage coverage -- Coverage limitations.

31A-22-305.5.
Uninsured motorist property damage coverage -- Coverage limitations.
(1)
(a) At the request of the named insured, every motor vehicle liability policy of insurance under Sections 31A-22-303 and 31A-22-304 or combination of policies purchased to satisfy the owner's or operator's security requirement of Section 41-12a-301 which policy does not provide insurance for collision damage shall provide uninsured motorist property damage coverage for property damage to the motor vehicle described in the policy.
(b) The uninsured motorist property damage coverage provided under Subsection (1)(a) shall be for the benefit of covered persons, as defined under Section 31A-22-305, who are legally entitled to recover damages:
(i) from the owner or operator of an uninsured motor vehicle, as defined under Subsections 31A-22-305(2)(a), (c), and (d); and
(ii) arising out of the operation, maintenance, or use of an uninsured motor vehicle.
(2)
(a) Except as provided under Subsection (5), the coverage provided under this section shall include payment for loss or damage to the motor vehicle described in the policy, not to exceed the motor vehicle's actual cash value or $3,500, whichever is less.
(b) Property damage does not include compensation for loss of use of the motor vehicle.
(3) The coverage provided under this section shall be payable only if:
(a) the occurrence causing the property damage involves actual physical contact between the covered motor vehicle and an uninsured motor vehicle;
(b) the owner, operator, or license plate number of the uninsured motor vehicle is identified; and
(c) the insured or someone on his behalf reports the occurrence within 10 days to the insurer or his agent.
(4) Except as provided under Subsection (5), the coverage provided under this section shall be subject to a $250 deductible and shall be excess to any other insurance covering property damage to the motor vehicle described in the policy.
(5) The insurer providing coverage under this section may, at appropriate premium rates, make available additional:
(a) coverage above the limits provided under Subsection (2); and
(b) deductibles for the coverage under Subsection (5)(a) above the limits provided under Subsection (4).
(6) A rating surcharge may not be applied to any policy of motor vehicle insurance issued in this state as a result of payment of a claim made under this section.
Amended by Chapter 37, 2005 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 3 - Motor Vehicle Insurance › Section 306 - Personal injury protection.

31A-22-306.
Personal injury protection.
Personal injury protection under Subsection 31A-22-302(2) provides the coverages and benefits described under Section 31A-22-307 to persons described under Section 31A-22-308, but is subject to the limitations, exclusions, and conditions set forth in Section 31A-22-309.
Amended by Chapter 204, 1986 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 3 - Motor Vehicle Insurance › Section 308 - Persons covered by personal injury protection.

31A-22-308.
Persons covered by personal injury protection.
The following may receive benefits under personal injury protection coverage:
(1) the named insured, when injured in an accident involving any motor vehicle, regardless of whether the accident occurs in this state, the United States, its territories or possessions, or Canada, except where the injury is the result of the use or operation of the named insured's own motor vehicle not actually insured under the policy;
(2) persons related to the insured by blood, marriage, adoption, or guardianship who are residents of the insured's household, including those who usually make their home in the same household but temporarily live elsewhere under the circumstances described in Section (1), except where the person is injured as a result of the use or operation of his own motor vehicle not insured under the policy; and
(3) any other natural person whose injuries arise out of an automobile accident occurring while the person occupies a motor vehicle described in the policy with the express or implied consent of the named insured or while a pedestrian if he is injured in an accident occurring in Utah involving the described motor vehicle.
Amended by Chapter 327, 1990 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 3 - Motor Vehicle Insurance › Section 310 - Assigned risk plan.

31A-22-310.
Assigned risk plan.
(1) After consultation with insurers authorized to issue policies containing the provisions specified under Section 31A-22-302, the insurance commissioner shall approve a reasonable plan for the equitable apportionment among the insurers of applicants for those policies who are in good faith entitled to, but are unable to procure, these policies through ordinary methods.
(2) Upon the commissioner's approval of a plan under this section, all insurers issuing policies described under Section 31A-22-302 shall subscribe to and participate in the commissioner's approved plan.
(3) Any applicant for a policy under the commissioner's plan, any person insured under the plan, and any insurer affected by the commissioner's plan may appeal to the insurance commissioner from any ruling or decision of the manager or committee designated to operate the plan.
(4) Section 31A-2-306 applies to the commissioner's decision on this appeal.
Amended by Chapter 161, 1987 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 3 - Motor Vehicle Insurance › Section 311 - Definitions.

31A-22-311.
Definitions.
As used in Sections 31A-22-312 and 31A-22-314:
(1) "Authorized driver" means the person to whom the vehicle is rented and includes:
(a) his spouse if a licensed driver satisfying the rental company's minimum age requirement;
(b) his employer or coworker if engaged in business activity with the renter and if they are licensed drivers satisfying the rental company's minimum age requirement;
(c) any person who operates the vehicle during an emergency situation;
(d) any person who operates the vehicle while parking the vehicle at a commercial establishment; or
(e) any person expressly listed by the rental company on the rental agreement as an authorized driver.
(2) "Damage" means any damage or loss to the rented vehicle resulting from a collision, including loss of use and any costs and expenses incident to the damage or loss.
(3) "Rental agreement" means any written agreement stating the terms and conditions governing the use of a private passenger motor vehicle provided by a rental company.
(4) "Rental company" means any person or organization in the business of providing private passenger motor vehicles to the public.
(5) "Renter" means any person or organization obtaining the use of a private passenger motor vehicle from a rental company under the terms of a rental agreement.
Amended by Chapter 316, 1994 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 3 - Motor Vehicle Insurance › Section 312 - Liability for collision damage -- No security required -- No waiver -- Section inapplicable to rental companies disclosing charges.

31A-22-312.
Liability for collision damage -- No security required -- No waiver -- Section inapplicable to rental companies disclosing charges.
(1) No rental company may, in rental agreements of 30 continuous days or less, hold any authorized driver liable for any damage except when:
(a) the damage is caused intentionally by an authorized driver or as a result of his willful and wanton misconduct;
(b) the damage arises out of the authorized driver's operation of the vehicle while illegally intoxicated or under the influence of any illegal drug as defined or determined under the law of the state where the damage occurred;
(c) the damage is caused while the authorized driver is engaged in any speed contest;
(d) the rental transaction is based on information supplied by the renter with the intent to defraud the rental company;
(e) the damage arises out of the use of the vehicle while committing or otherwise engaged in a criminal act in which the use of the motor vehicle is substantially related to the nature of the criminal activity;
(f) the damage arises out of the use of the motor vehicle to carry persons or property for hire; or
(g) the damage arises out of the use of the motor vehicle outside of the United States or Canada unless the use is specifically authorized by the rental agreement.
(2) No security or deposit for damage in any form may be required or requested by the rental company during the rental period, or pending the resolution of any dispute.
(3) No waiver may be offered to provide coverage for any of the exceptions listed in this section.
(4) This section does not apply to any rental company:
(a) whose advertising in this state clearly discloses all charges and costs incidental to the basic daily rental rate; and
(b) that provides written notice to renters clearly printed on the rental agreement and prominently displayed at its place of business, that the renter's own motor vehicle insurance or his credit card agreement may cover any damage or loss to the rental vehicle.
Enacted by Chapter 251, 1989 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 3 - Motor Vehicle Insurance › Section 314 - Mandatory coverage.

31A-22-314.
Mandatory coverage.
(1) As used in this section, "owner's or operator's security" has the same meaning as defined in Section 41-12a-103.
(2)
(a) A rental company shall maintain owner's or operator's security meeting the requirements of Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and Operators Act.
(b) Owner's or operator's security maintained by a rental company under Subsection (2)(a) applies only when there is no other valid or collectible insurance or other form of security meeting the minimum requirements of Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and Operators Act.
(c) If other valid or collectible insurance or other form of security satisfies the minimum requirements of Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and Operators Act, on a loss involving a rental vehicle, a rental company's obligation under Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and Operators Act, is satisfied.
(d) When no other valid or collectible insurance or other form of security exists meeting the minimum requirements of Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and Operators Act, a rental company shall provide security meeting the minimum requirements of Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and Operators Act, for losses involving a rental vehicle.
(3) Nothing in this section shall be construed to expand or reduce the liability of a rental company or to impair a rental company's right to indemnity, contribution, or both.
Amended by Chapter 391, 2007 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 3 - Motor Vehicle Insurance › Section 315.5 - Motor vehicle insurance verification -- Penalty.

31A-22-315.5.
Motor vehicle insurance verification -- Penalty.
(1)
(a) Except as provided in Subsection (1)(b), and in addition to the reporting requirements under Section 31A-22-315, each insurer that issues a policy that includes motor vehicle liability coverage, uninsured motorist coverage, underinsured motorist coverage, or personal injury coverage under this part shall, upon request, provide to the Department of Public Safety's designated agent selected in accordance with Title 41, Chapter 12a, Part 8, Uninsured Motorist Identification Database Program, verification of whether or not a motor vehicle insurance policy is in effect for a specified vehicle.
(b) An insurer that issues a policy that includes motor vehicle liability coverage, uninsured motorist coverage, underinsured motorist coverage, or personal injury coverage under this part is not required to provide verification of a motor vehicle insurance policy in effect for a vehicle to the Department of Public Safety's designated agent under Subsection (1)(a) if:
(i) the policy covers a vehicle that is registered under Section 41-1a-221, 41-1a-222, or 41-1a-301;
(ii) the policy covers a commercial motor vehicle; or
(iii) the insurer issues insurance for less than 500 motor vehicles.
(2) Each insurer shall provide the verification required under Subsection (1) using an electronic service established by the insurers, through the Internet, world wide web, or a similar proprietary or common carrier electronic system that:
(a) is compliant with:
(i) the specifications and standards of the Insurance Industry Committee on Motor Vehicle Administration; and
(ii) other applicable industry standards;
(b) is available 24 hours a day, seven days a week, subject to reasonable allowances for:
(i) scheduled maintenance; or
(ii) temporary system failures; and
(c) includes appropriate security measures, consistent with industry standards, to:
(i) secure its data against unauthorized access; and
(ii) maintain a record of all information requests.
(3)
(a) The commissioner may, following procedures set forth in Title 63G, Chapter 4, Administrative Procedures Act, assess a fine against an insurer of up to $250 for each day the insurer fails to comply with this section.
(b) The commissioner shall excuse the fine if an insurer shows that the failure to comply with this section was:
(i) inadvertent;
(ii) accidental; or
(iii) the result of excusable neglect.
Enacted by Chapter 243, 2012 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 3 - Motor Vehicle Insurance › Section 316 - Title.

31A-22-316.
Title.
Sections 31A-22-316 through 31A-22-319 are known as the "Aftermarket Crash Parts Act."
Renumbered and Amended by Chapter 8, 1995 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 3 - Motor Vehicle Insurance › Section 317 - Definitions.

31A-22-317.
Definitions.
As used in Sections 31A-22-316 through 31A-22-319:
(1) "Aftermarket crash part" means a replacement for any of the nonmechanical sheet metal or plastic parts that generally constitute the exterior of a motor vehicle, including inner and outer panels.
(2) "Installer" means an individual who replaces or repairs the parts of a motor vehicle.
(3) "Insurer" means an insurance company and any person authorized to represent the insurer with respect to a claim.
(4) "Nonoriginal equipment manufacturer" or "non-OEM" means a manufacturer of replacement parts for a different manufacturer's equipment.
(5) "Non-OEM aftermarket crash part" means an aftermarket crash part not made for or by the manufacturer of the motor vehicle.
(6) "Repair facility" means any motor vehicle dealer, garage, body shop, or other commercial entity that repairs or replaces those parts that generally constitute the exterior of a motor vehicle.
Renumbered and Amended by Chapter 8, 1995 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 3 - Motor Vehicle Insurance › Section 318 - Identification.

31A-22-318.
Identification.
(1) Any aftermarket crash part supplied by a nonoriginal equipment manufacturer for use in a motor vehicle in this state shall have the logo or name of the nonoriginal equipment manufacturer affixed or inscribed on the aftermarket crash part.
(2) The nonoriginal equipment manufacturer's logo or name shall be visible after installation whenever practicable.
Renumbered and Amended by Chapter 8, 1995 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 3 - Motor Vehicle Insurance › Section 319 - Prohibition on insurer requiring certain parts -- Disclosure.

31A-22-319.
Prohibition on insurer requiring certain parts -- Disclosure.
(1) Unless the insured is given notice in writing an insurer may not specify the use of non-OEM aftermarket crash parts in the repair of an insured's motor vehicle. The notice required by Subsection (1) shall identify non-OEM parts as not made for or by the vehicle manufacturer.
(2) Unless the consumer is given notice in writing prior to installation, a repair facility or installer may not use non-OEM aftermarket parts to repair a vehicle.
(3) In all instances where non-OEM aftermarket crash parts are intended for use by an insurer:
(a) the written estimate shall clearly identify each non-OEM aftermarket crash part; and
(b) a disclosure document containing the following statements in 10 point or larger type shall appear on or be attached to the insured's copy of the estimate: "This estimate has been prepared based on the use of crash parts supplied by a source other than the manufacturer of your motor vehicle. Warranties applicable to these replacement parts are provided by the manufacturer or distributor of these parts rather than the manufacturer of your vehicle."
Renumbered and Amended by Chapter 8, 1995 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 3 - Motor Vehicle Insurance › Section 320 - Use of credit information.

31A-22-320.
Use of credit information.
(1) For purposes of this section:
(a) "Credit information" means:
(i) a consumer report;
(ii) a credit score;
(iii) any information obtained by the insurer from a consumer report;
(iv) any part of a consumer report; or
(v) any part of a credit score.
(b)
(i) Except as provided in Subsection (1)(b)(ii), "consumer report" is as defined in 15 U.S.C. 1681a.
(ii) "Consumer report" does not include:
(A) a motor vehicle record obtained from a state or an agency of a state; or
(B) any information regarding an applicant's or insured's insurance claim history.
(c)
(i) "Credit score" means a numerical value or a categorization that is:
(A) derived from information in a consumer report;
(B) derived from a statistical tool or modeling system; and
(C) developed to predict the likelihood of:
(I) future insurance claims behavior; or
(II) credit behavior.
(ii) "Credit score" includes:
(A) a risk predictor; or
(B) a risk score.
(iii) A numerical value or a categorization described in Subsection (1)(c)(i) is a credit score if it is developed to predict the behavior described in Subsection (1)(c)(i)(C) regardless of whether it is developed to predict other factors in addition to predicting the behavior described in Subsection (1)(c)(i)(C).
(d) "Motor vehicle related insurance policy" means:
(i) a motor vehicle liability policy;
(ii) a policy that contains uninsured motorist coverage;
(iii) a policy that contains underinsured motorist coverage;
(iv) a policy that contains property damage coverage under this part; or
(v) a policy that contains personal injury coverage under this part.
(2) An insurer that issues a motor vehicle related insurance policy:
(a) except as provided in Subsection (2)(b), may not use credit information for the purpose of determining for the motor vehicle related insurance policy:
(i) renewal;
(ii) nonrenewal;
(iii) termination;
(iv) eligibility;
(v) underwriting; or
(vi) rating; and
(b) notwithstanding Subsection (2)(a), may use credit information for the purpose of:
(i) if risk related factors other than credit information are considered, determining initial underwriting; or
(ii) providing to an insured:
(A) a reduction in rates paid by the insured for the motor vehicle related insurance policy; or
(B) any other discount similar to the reduction in rates described in Subsection (2)(b)(ii)(A).
(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commissioner may make rules necessary to enforce this section.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 3 - Motor Vehicle Insurance › Section 322 - Improper administration of cancelled auto insurance coverage.

Effective 5/10/2016
31A-22-322.
Improper administration of cancelled auto insurance coverage.
(1) Upon cancellation by an insured of auto insurance coverage, the insurer shall discontinue any automatic payments and withdrawals related to the cancelled policy before the later of:
(a) 15 days after the request for cancellation; or
(b) 15 days after the effective date of the cancellation.
(2) After cancellation by an insured of auto insurance coverage, the insurer may not reinstate the cancelled policy without the express consent of the insured.
(3) After cancellation by an insured of auto insurance coverage, the insurer shall refund any funds collected by the insurer to which the insurer is not entitled, calculated according to the terms of the insurance policy, before the later of:
(a) 30 days after the request for cancellation; or
(b) 30 days after the effective date of the cancellation.
(4) The commissioner may order an insurer who violates this section to forfeit to the state not more than $2,500 for each violation.
Enacted by Chapter 125, 2016 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 4 - Life Insurance and Annuities › Section 400 - Scope of part.

31A-22-400.
Scope of part.
This Part 4, Life Insurance and Annuities, applies to all life insurance policies and contracts, including:
(1) an annuity contract;
(2) a credit life contract;
(3) a franchise contract;
(4) a group contract; and
(5) a blanket contract.
Amended by Chapter 90, 2004 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 4 - Life Insurance and Annuities › Section 401 - Prohibited life insurance policy provisions.

31A-22-401.
Prohibited life insurance policy provisions.
No life insurance company may issue or deliver any life insurance policy subject to this chapter under Section 31A-21-101 which contains any provision:
(1) forfeiting the policy for failure to repay any loan on the policy or to pay interest on the loan while the total indebtedness on the policy is less than its loan value, and in ascertaining the indebtedness due upon policy loans, the interest, if not paid when due, may be added to the principal of those loans and may bear interest at the same rate as the principal;
(2) claiming that the policy was issued or became effective more than one year before the original application for the insurance is executed, if the insured would then be rated at an age more than one year younger than his age at the date of his application, unless the aggregate amount of the annual premiums for the whole term of the back-dated period is paid in cash; or
(3) allowing assessments or calls to be made upon policyholders.
Amended by Chapter 204, 1986 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 4 - Life Insurance and Annuities › Section 402 - Grace period -- Notification.

Effective 5/5/2021
31A-22-402.
Grace period -- Notification.
(1)
(a) Every life insurance policy other than a group policy shall contain a provision entitling the policyholder to a grace period within which the payment of any premium may be made after the first payment of any premium.
(b) During the grace period described in Subsection (1)(a), the policy continues in full force.
(2) The grace period required by Subsection (1) may not be less than:
(a) 31 days; or
(b) four weeks for policies whose premiums are payable more frequently than monthly.
(3) The insurer may impose an interest charge during the grace period not in excess of the interest rate:
(a) set by the policy for policy loans; or
(b) in the absence of a provision described in Subsection (3)(a), a rate set by the commissioner by rule.
(4) If a claim arises under the policy during the grace period, an insurer may deduct from the policy proceeds:
(a) the amount of any premium due or overdue;
(b) interest at the rate provided in this section; and
(c) any deferred installment of the annual premium.
(5)
(a) At least 30 days before the day on which the insurer terminates coverage, the insurer shall send written notice of termination of coverage to:
(i) the policyholder's last-known address; and
(ii) a third party designated in accordance with Section 31A-22-430.
(b) An insurer shall obtain and, upon request, demonstrate proof of delivery for a notice the insurer sends under Subsection (5)(a).
(c) Proof of delivery described in Subsection (5)(b) may include a certified mail receipt or, for electronic delivery, a read receipt.
Amended by Chapter 221, 2021 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 4 - Life Insurance and Annuities › Section 403 - Incontestability.

31A-22-403.
Incontestability.
(1) This section does not apply to group policies.
(2)
(a) Except as provided in Subsection (3), a life insurance policy is incontestable after the policy has been in force for a period of two years from the policy's date of issue:
(i) during the lifetime of the insured; or
(ii) for a survivorship life insurance policy, during the lifetime of the surviving insured.
(b) A life insurance policy shall state that the life insurance policy is incontestable after the time period described in Subsection (2)(a).
(3)
(a) A life insurance policy described in Subsection (2) may be contested for nonpayment of premiums.
(b) A life insurance policy described in Subsection (2) may be contested as to:
(i) provisions relating to accident and health benefits allowed under Section 31A-22-609; and
(ii) additional benefits in the event of death by accident.
(c) If a life insurance policy described in Subsection (2) allows the insured, after the policy's issuance and for an additional premium, to obtain a death benefit that is larger than when the policy was originally issued, the payment of the additional increment of benefit is contestable:
(i) until two years after the incremental increase of benefits; and
(ii) based only on a ground that may arise in connection with the incremental increase.
(4)
(a) A reinstated life insurance policy may be contested:
(i) for two years following reinstatement on the same basis as at original issuance; and
(ii) only as to matters arising in connection with the reinstatement.
(b) Any grounds for contest available at original issuance continue to be available for contest until the policy has been in force for a total of two years:
(i) during the lifetime of the insured; and
(ii) for a survivorship life insurance policy, during the lifetime of the surviving insured.
(5)
(a) The limitations on incontestability under this section:
(i) preclude only a contest of the validity of the policy; and
(ii) do not preclude the good faith assertion at any time of defenses based upon provisions in the policy that exclude or qualify coverage, whether or not those qualifications or exclusions are specifically excepted in the policy's incontestability clause.
(b) A provision on which the contestable period would normally run may not be reformulated as a coverage exclusion or restriction to take advantage of this Subsection (5).
(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commissioner may make rules to implement this section.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 4 - Life Insurance and Annuities › Section 404 - Suicide.

31A-22-404.
Suicide.
(1)
(a) Suicide is not a defense to a claim under a life insurance policy that is in force for two years from the date of issuance of the later of:
(i) the policy; or
(ii) the certificate.
(b) Subsection (1)(a) applies whether:
(i) the insured's death by suicide is voluntary or involuntary; or
(ii) the insured is sane or insane.
(c) If a suicide occurs within the two-year period described in Subsection (1)(a), the insurer shall pay to the beneficiary an amount not less than the premium paid less the following:
(i) a dividend paid;
(ii) an indebtedness; and
(iii) a partial withdrawal.
(2)
(a) If after a life insurance policy is in effect the policy allows the policyholder to purchase a death benefit that is larger than when the policy was originally effective for an additional premium, the payment of the additional increment of benefit may be limited in the event of a suicide within a two-year period beginning on the day on which the increment increase takes effect.
(b) If a suicide occurs within the two-year period described in Subsection (2)(a), the insurer shall pay to the beneficiary an amount not less than the additional premium paid for the additional increment of benefit.
(3) For a survivorship life insurance policy, this section applies when within two years from the day on which the survivorship life insurance policy is issued:
(a) the death of all insureds results from suicide; or
(b) the death of the surviving insured results from suicide.
(4) This section does not apply to:
(a) a policy insuring against death by accident only; or
(b) an accident or double indemnity provision of an insurance policy.
Amended by Chapter 349, 2009 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 4 - Life Insurance and Annuities › Section 405 - Misstated age or gender.

31A-22-405.
Misstated age or gender.
(1) Subject to Subsection (2), if the age or gender of the person whose life is at risk is misstated in an application for a policy of life insurance, and the error is not adjusted during the person's lifetime, the amount payable under the policy is what the premium paid would have purchased if the age or gender had been stated correctly.
(2) If the person whose life is at risk was, at the time the insurance was applied for, beyond the maximum age limit designated by the insurer, the insurer shall refund at least the amount of the premiums collected under the policy.
Amended by Chapter 308, 2002 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 4 - Life Insurance and Annuities › Section 406 - Table of installments.

31A-22-406.
Table of installments.
Any life insurance policy which provides that the proceeds may be payable in installments, which are determinable at the issue of the policy, shall provide in the policy a table showing the amounts and intervals of the guaranteed installments.
Enacted by Chapter 242, 1985 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 22 - Contracts in Specific Lines › Part 4 - Life Insurance and Annuities › Section 407 - Reinstatement.

31A-22-407.
Reinstatement.
(1) Except as provided under Subsection (2), life insurance policies, other than group policies, shall be reinstated upon written application made within three years, or within two years in the case of policies with face amounts under $5,000, from the date of premium default. The applicant shall produce evidence of insurability satisfactory to the insurer, pay all premiums in arrears, and pay or reinstate any other indebtedness to the insurer upon the policy, all with interest, compounded annually, at a rate not exceeding the rate set by the policy for policy loans compounded annually. If no rate is set in the policy, the commissioner shall adopt a rule which sets the rate the same as under Section 31A-22-402.
(2) Subsection (1) does not apply if any of these conditions exist:
(a) The policy has been surrendered for its cash surrender value.
(b) The policy's cash surrender value has been exhausted.
(c) The paid-up term insurance, if any, has expired.
Enacted by Chapter 242, 1985 General Session