§ 11-55-101 Title
§ 11-55-102 Definitions
§ 11-55-103 General provisions
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Terms Used In Utah Code > Title 11 > Chapter 55 - Political Subdivision Board Compensation

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Actuary: is a s defined by the commissioner by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 31A-1-301
  • administrative fee: means a fee charged to a client by a professional employer organization for a professional employer service. See Utah Code 31A-40-102
  • Administrator: means the same as that term is defined in Subsection (187). See Utah Code 31A-1-301
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affiliate: means a person who controls, is controlled by, or is under common control with, another person. See Utah Code 31A-1-301
  • Affiliated company: means a business entity that because of common ownership, control, operation, or management is in the same corporate or limited liability company system as:
              (1)(a)(i) a parent;
              (1)(a)(ii) an industrial insured; or
              (1)(a)(iii) a member organization. See Utah Code 31A-37-102
  • Agency: means :
         (6)(a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and
         (6)(b) an insurance organization licensed or required to be licensed under Section 31A-23a-301, 31A-25-207, or 31A-26-209. See Utah Code 31A-1-301
  • Alien captive insurance company: means an insurer:
         (2)(a) formed to write insurance business for a parent or affiliate of the insurer; and
         (2)(b) licensed pursuant to the laws of an alien or foreign jurisdiction that imposes statutory or regulatory standards:
              (2)(b)(i) on a business entity transacting the business of insurance in the alien or foreign jurisdiction; and
              (2)(b)(ii) in a form acceptable to the commissioner. See Utah Code 31A-37-102
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amendment: means an endorsement to an insurance policy or certificate. See Utah Code 31A-1-301
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Applicant captive insurance company: means an entity that has submitted an application for a certificate of authority for a captive insurance company, unless the application has been denied or withdrawn. See Utah Code 31A-37-102
  • Application: means a document:
         (10)(a)
              (10)(a)(i) completed by an applicant to provide information about the risk to be insured; and
              (10)(a)(ii) that contains information that is used by the insurer to evaluate risk and decide whether to:
                   (10)(a)(ii)(A) insure the risk under:
                        (10)(a)(ii)(A)(I) the coverage as originally offered; or
                        (10)(a)(ii)(A)(II) a modification of the coverage as originally offered; or
                   (10)(a)(ii)(B) decline to insure the risk; or
         (10)(b) used by the insurer to gather information from the applicant before issuance of an annuity contract. See Utah Code 31A-1-301
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • articles of incorporation: means :
         (11)(a) the original articles;
         (11)(b) a special law;
         (11)(c) a charter;
         (11)(d) an amendment;
         (11)(e) restated articles;
         (11)(f) articles of merger or consolidation;
         (11)(g) a trust instrument;
         (11)(h) another constitutive document for a trust or other entity that is not a corporation; and
         (11)(i) an amendment to an item listed in Subsections (11)(a) through (h). See Utah Code 31A-1-301
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Association: means a legal association of two or more persons that meets the following requirements:
         (4)(a) the persons are exposed to similar or related liability because of related, similar, or common business trade, products, services, premises, or operations; and
         (4)(b)
              (4)(b)(i) the association or the association's member organizations:
                   (4)(b)(i)(A) own, control, or hold with power to vote all of the outstanding voting securities of an association captive insurance company incorporated as a stock insurer;
                   (4)(b)(i)(B) have complete voting control over an association captive insurance company incorporated as a mutual insurer; or
                   (4)(b)(i)(C) have complete voting control over an association captive insurance company formed as a limited liability company; or
              (4)(b)(ii) the association's member organizations collectively constitute all of the subscribers of an association captive insurance company formed as a reciprocal insurer. See Utah Code 31A-37-102
  • Association captive insurance company: means a business entity that insures risks of:
         (5)(a) a member organization of the association;
         (5)(b) an affiliate of a member organization of the association; and
         (5)(c) the association. See Utah Code 31A-37-102
  • Assurance organization: means a person designated as an assurance organization in accordance with Section 31A-40-303. See Utah Code 31A-40-102
  • authorized insurer: means an insurer:
              (191)(b)(i) holding a valid certificate of authority to do an insurance business in this state; and
              (191)(b)(ii) transacting business as authorized by a valid certificate. See Utah Code 31A-1-301
  • Bequest: Property gifted by will.
  • Board: means the same as that term is defined in Section 63A-3-106. See Utah Code 11-55-102
  • board of directors: means the group of persons with responsibility over, or management of, a corporation, however designated. See Utah Code 31A-1-301
  • Branch business: means an insurance business transacted by a branch captive insurance company in this state. See Utah Code 31A-37-102
  • Branch captive insurance company: means an alien captive insurance company that has a certificate of authority from the commissioner to transact the business of insurance in this state through a captive insurance company that is domiciled outside of this state. See Utah Code 31A-37-102
  • Business entity: means :
         (17)(a) a corporation;
         (17)(b) an association;
         (17)(c) a partnership;
         (17)(d) a limited liability company;
         (17)(e) a limited liability partnership; or
         (17)(f) another legal entity. See Utah Code 31A-1-301
  • business of insurance: includes :
         (98)(a) providing health care insurance by an organization that is or is required to be licensed under this title;
         (98)(b) providing a benefit to an employee in the event of a contingency not within the control of the employee, in which the employee is entitled to the benefit as a right, which benefit may be provided either:
              (98)(b)(i) by a single employer or by multiple employer groups; or
              (98)(b)(ii) through one or more trusts, associations, or other entities;
         (98)(c) providing an annuity:
              (98)(c)(i) including an annuity issued in return for a gift; and
              (98)(c)(ii) except an annuity provided by a person specified in Subsections 31A-22-1305(2) and (3);
         (98)(d) providing the characteristic services of a motor club;
         (98)(e) providing another person with insurance;
         (98)(f) making as insurer, guarantor, or surety, or proposing to make as insurer, guarantor, or surety, a contract or policy offering title insurance;
         (98)(g) transacting or proposing to transact any phase of title insurance, including:
              (98)(g)(i) solicitation;
              (98)(g)(ii) negotiation preliminary to execution;
              (98)(g)(iii) execution of a contract of title insurance;
              (98)(g)(iv) insuring; and
              (98)(g)(v) transacting matters subsequent to the execution of the contract and arising out of the contract, including reinsurance;
         (98)(h) transacting or proposing a life settlement; and
         (98)(i) doing, or proposing to do, any business in substance equivalent to Subsections (98)(a) through (h) in a manner designed to evade this title. See Utah Code 31A-1-301
  • Business plan: means the information required to be supplied to the commissioner under Subsections 31A-5-204(2)(i) and (j), including the information required when these subsections apply by reference under:
         (19)(a) Section 31A-8-205; or
         (19)(b) Subsection 31A-9-205(2). See Utah Code 31A-1-301
  • Captive insurance company: means :
         (21)(a) an insurer:
              (21)(a)(i) owned by a parent organization; and
              (21)(a)(ii) whose purpose is to insure risks of the parent organization and other risks as authorized under:
                   (21)(a)(ii)(A) Chapter 37, Captive Insurance Companies Act; and
                   (21)(a)(ii)(B) Chapter 37a, Special Purpose Financial Captive Insurance Company Act; or
         (21)(b) in the case of a group or association, an insurer:
              (21)(b)(i) owned by the insureds; and
              (21)(b)(ii) whose purpose is to insure risks of:
                   (21)(b)(ii)(A) a member organization;
                   (21)(b)(ii)(B) a group member; or
                   (21)(b)(ii)(C) an affiliate of:
                        (21)(b)(ii)(C)(I) a member organization; or
                        (21)(b)(ii)(C)(II) a group member. See Utah Code 31A-1-301
  • Captive insurance company: includes any of the following formed or holding a certificate of authority under this chapter:
              (9)(b)(i) a branch captive insurance company;
              (9)(b)(ii) a pure captive insurance company;
              (9)(b)(iii) an association captive insurance company;
              (9)(b)(iv) a sponsored captive insurance company;
              (9)(b)(v) an industrial insured captive insurance company, including an industrial insured captive insurance company formed as a risk retention group captive in this state pursuant to the provisions of the Federal Liability Risk Retention Act of 1986;
              (9)(b)(vi) a special purpose captive insurance company; or
              (9)(b)(vii) a special purpose financial captive insurance company. See Utah Code 31A-37-102
  • Certificate: means evidence of insurance given to:
         (23)(a) an insured under a group insurance policy; or
         (23)(b) a third party. See Utah Code 31A-1-301
  • City: means a municipality that is classified by population as a city of the first class, a city of the second class, a city of the third class, a city of the fourth class, or a city of the fifth class, under Section 10-2-301. See Utah Code 10-1-104
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Client: means a person who enters into a professional employer agreement with a professional employer organization. See Utah Code 31A-40-102
  • Coemployer: means :
         (4)(a) a client; or
         (4)(b) a professional employer organization. See Utah Code 31A-40-102
  • Coemployment relationship: means a relationship:
         (5)(a) that is intended to be ongoing rather than a temporary or project specific relationship; and
         (5)(b) wherein the rights and obligations of an employer that arise out of an employment relationship are allocated between coemployers pursuant to:
              (5)(b)(i) a professional employer agreement; or
              (5)(b)(ii) this chapter. See Utah Code 31A-40-102
  • Commissioner: means Utah's Insurance Commissioner or the commissioner's designee. See Utah Code 31A-37-102
  • Common ownership and control: means that two or more captive insurance companies are owned or controlled by the same person or group of persons as follows:
         (11)(a) in the case of a captive insurance company that is a stock corporation, the direct or indirect ownership of 80% or more of the outstanding voting stock of the stock corporation;
         (11)(b) in the case of a captive insurance company that is a mutual corporation, the direct or indirect ownership of 80% or more of the surplus and the voting power of the mutual corporation;
         (11)(c) in the case of a captive insurance company that is a limited liability company, the direct or indirect ownership by the same member or members of 80% or more of the membership interests in the limited liability company; or
         (11)(d) in the case of a sponsored captive insurance company, a protected cell is a separate captive insurance company owned and controlled by the protected cell's participant, only if:
              (11)(d)(i) the participant is the only participant with respect to the protected cell; and
              (11)(d)(ii) the participant is the sponsor or is affiliated with the sponsor of the sponsored captive insurance company through common ownership and control. See Utah Code 31A-37-102
  • consultant: means a person who:
         (99)(a) advises another person about insurance needs and coverages;
         (99)(b) is compensated by the person advised on a basis not directly related to the insurance placed; and
         (99)(c) except as provided in Section 31A-23a-501, is not compensated directly or indirectly by an insurer or producer for advice given. See Utah Code 31A-1-301
  • Contract: A legal written agreement that becomes binding when signed.
  • Controlled unaffiliated business: means a business entity:
         (14)(a)
              (14)(a)(i) in the case of a pure captive insurance company, that is not in the corporate or limited liability company system of a parent or the parent's affiliate; or
              (14)(a)(ii) in the case of an industrial insured captive insurance company, that is not in the corporate or limited liability company system of an industrial insured or an affiliated company of the industrial insured;
         (14)(b)
              (14)(b)(i) in the case of a pure captive insurance company, that has a contractual relationship with a parent or affiliate; or
              (14)(b)(ii) in the case of an industrial insured captive insurance company, that has a contractual relationship with an industrial insured or an affiliated company of the industrial insured; and
         (14)(c) whose risks that are or will be insured by a pure captive insurance company, an industrial insured captive insurance company, or both, are managed in accordance with Subsection 31A-37-106(1)(j) by:
              (14)(c)(i)
                   (14)(c)(i)(A) a pure captive insurance company; or
                   (14)(c)(i)(B) an industrial insured captive insurance company; or
              (14)(c)(ii) a parent or affiliate of:
                   (14)(c)(ii)(A) a pure captive insurance company; or
                   (14)(c)(ii)(B) an industrial insured captive insurance company. See Utah Code 31A-37-102
  • controlling person: means a person who, individually or acting in concert with one or more persons, owns, directly or indirectly, 10% or more of the equity interest in a professional employer organization. See Utah Code 31A-40-102
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Corporation: means an insurance corporation, except when referring to:
              (34)(a)(i) a corporation doing business:
                   (34)(a)(i)(A) as:
                        (34)(a)(i)(A)(I) an insurance producer;
                        (34)(a)(i)(A)(II) a surplus lines producer;
                        (34)(a)(i)(A)(III) a limited line producer;
                        (34)(a)(i)(A)(IV) a consultant;
                        (34)(a)(i)(A)(V) a managing general agent;
                        (34)(a)(i)(A)(VI) a reinsurance intermediary;
                        (34)(a)(i)(A)(VII) a third party administrator; or
                        (34)(a)(i)(A)(VIII) an adjuster; and
                   (34)(a)(i)(B) under:
                        (34)(a)(i)(B)(I) Chapter 23a, Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries;
                        (34)(a)(i)(B)(II) Chapter 25, Third Party Administrators; or
                        (34)(a)(i)(B)(III) Chapter 26, Insurance Adjusters; or
              (34)(a)(ii) a noninsurer that is part of a holding company system under Chapter 16, Insurance Holding Companies. See Utah Code 31A-1-301
  • Covered employee: means an individual who has a coemployment relationship with a client and a professional employer organization if the conditions of Section 31A-40-203 are met. See Utah Code 31A-40-102
  • Creditor: means a person, including an insured, having a claim, whether:
         (39)(a) matured;
         (39)(b) unmatured;
         (39)(c) liquidated;
         (39)(d) unliquidated;
         (39)(e) secured;
         (39)(f) unsecured;
         (39)(g) absolute;
         (39)(h) fixed; or
         (39)(i) contingent. See Utah Code 31A-1-301
  • Criminal act: means an act for which a person receives a verdict or finding of guilt after a criminal trial or a plea of guilty or nolo contendere to a criminal charge. See Utah Code 31A-37-102
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Department: means the Insurance Department. See Utah Code 31A-1-301
  • Devise: To gift property by will.
  • Director: means a member of the board of directors of a corporation. See Utah Code 31A-1-301
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Donor: The person who makes a gift.
  • Employee: means :
         (57)(a) an individual employed by an employer; or
         (57)(b) an individual who meets the requirements of Subsection (55)(b). See Utah Code 31A-1-301
  • Employment related economic incentive: means :
         (8)(a)
              (8)(a)(i) a credit against or exemption from taxes due the state or a political subdivision of the state; or
              (8)(a)(ii) an economic inducement, including a loan or a grant; and
         (8)(b) if the credit, exemption, or economic inducement described in Subsection (8)(a):
              (8)(b)(i) is offered by the state or a political subdivision of the state; and
              (8)(b)(ii) has an eligibility requirement that relates in whole or in part to employment including:
                   (8)(b)(ii)(A) the number of employees; or
                   (8)(b)(ii)(B) the nature of the employment. See Utah Code 31A-40-102
  • Endorsement: means a written agreement attached to a policy or certificate to modify the policy or certificate coverage. See Utah Code 31A-1-301
  • Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Establisher: means a person who establishes a business entity or a trust. See Utah Code 31A-37-102
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Federal funds: means cash received from the United States government or from other individuals or entities for or on behalf of the United States and deposited with the state treasurer or any agency of the state. See Utah Code 67-4-2
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fiduciary: A trustee, executor, or administrator.
  • Filed: means that a filing is:
              (69)(a)(i) submitted to the department as required by and in accordance with applicable statute, rule, or filing order;
              (69)(a)(ii) received by the department within the time period provided in applicable statute, rule, or filing order; and
              (69)(a)(iii) accompanied by the appropriate fee in accordance with:
                   (69)(a)(iii)(A) Section 31A-3-103; or
                   (69)(a)(iii)(B) rule. See Utah Code 31A-1-301
  • Filing: when used as a noun, means an item required to be filed with the department including:
         (70)(a) a policy;
         (70)(b) a rate;
         (70)(c) a form;
         (70)(d) a document;
         (70)(e) a plan;
         (70)(f) a manual;
         (70)(g) an application;
         (70)(h) a report;
         (70)(i) a certificate;
         (70)(j) an endorsement;
         (70)(k) an actuarial certification;
         (70)(l) a licensee annual statement;
         (70)(m) a licensee renewal application;
         (70)(n) an advertisement;
         (70)(o) a binder; or
         (70)(p) an outline of coverage. See Utah Code 31A-1-301
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Form: means one of the following prepared for general use:
              (74)(a)(i) a policy;
              (74)(a)(ii) a certificate;
              (74)(a)(iii) an application;
              (74)(a)(iv) an outline of coverage; or
              (74)(a)(v) an endorsement. See Utah Code 31A-1-301
  • Franchise: means the same as that term is defined in Utah Code 31A-40-102
  • Franchisee: means the same as that term is defined in Utah Code 31A-40-102
  • Franchisor: means the same as that term is defined in Utah Code 31A-40-102
  • Fraud: Intentional deception resulting in injury to another.
  • General Fund: means money received into the treasury and not specially appropriated to any other fund. See Utah Code 67-4-2
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governing body: means collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104
  • Governing body: means the persons who hold the ultimate authority to direct and manage the affairs of an entity. See Utah Code 31A-37-102
  • Grantor: The person who establishes a trust and places property into it.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: includes a person who:
         (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
         (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
  • Health benefit plan: means a policy, contract, certificate, or agreement offered or issued by an insurer to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care, including major medical expense coverage. See Utah Code 31A-1-301
  • Highway: includes :
         (15)(a) a public bridge;
         (15)(b) a county way;
         (15)(c) a county road;
         (15)(d) a common road; and
         (15)(e) a state road. See Utah Code 68-3-12.5
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Individual: means a natural person. See Utah Code 31A-1-301
  • Industrial insured: means an insured:
         (18)(a) that produces insurance:
              (18)(a)(i) by the services of a full-time employee acting as a risk manager or insurance manager; or
              (18)(a)(ii) using the services of a regularly and continuously qualified insurance consultant;
         (18)(b) whose aggregate annual premiums for insurance on all risks total at least $25,000; and
         (18)(c) that has at least 25 full-time employees. See Utah Code 31A-37-102
  • Industrial insured captive insurance company: means a business entity that:
         (19)(a) insures risks of the industrial insureds that comprise the industrial insured group; and
         (19)(b) may insure the risks of:
              (19)(b)(i) an affiliated company of an industrial insured; or
              (19)(b)(ii) a controlled unaffiliated business of:
                   (19)(b)(ii)(A) an industrial insured; or
                   (19)(b)(ii)(B) an affiliated company of an industrial insured. See Utah Code 31A-37-102
  • Industrial insured group: means :
         (20)(a) a group of industrial insureds that collectively:
              (20)(a)(i) own, control, or hold with power to vote all of the outstanding voting securities of an industrial insured captive insurance company incorporated or organized as a limited liability company as a stock insurer; or
              (20)(a)(ii) have complete voting control over an industrial insured captive insurance company incorporated or organized as a limited liability company as a mutual insurer;
         (20)(b) a group that is:
              (20)(b)(i) created under the Product Liability Risk Retention Act of 1981, Utah Code 31A-37-102
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • insolvent: means that:
         (95)(a) an insurer is unable to pay the insurer's obligations as the obligations are due;
         (95)(b) an insurer's total adjusted capital is less than the insurer's mandatory control level RBC under Subsection 31A-17-601(8)(c); or
         (95)(c) an insurer's admitted assets are less than the insurer's liabilities. See Utah Code 31A-1-301
  • Insurance: includes :
              (96)(b)(i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;
              (96)(b)(ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and
              (96)(b)(iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
  • insurance company: means a person doing an insurance business as a principal including:
              (104)(a)(i) a fraternal benefit society;
              (104)(a)(ii) an issuer of a gift annuity other than an annuity specified in Subsections 31A-22-1305(2) and (3);
              (104)(a)(iii) a motor club;
              (104)(a)(iv) an employee welfare plan;
              (104)(a)(v) a person purporting or intending to do an insurance business as a principal on that person's own account; and
              (104)(a)(vi) a health maintenance organization. See Utah Code 31A-1-301
  • Insured: means a person to whom or for whose benefit an insurer makes a promise in an insurance policy and includes:
              (103)(a)(i) a policyholder;
              (103)(a)(ii) a subscriber;
              (103)(a)(iii) a member; and
              (103)(a)(iv) a beneficiary. See Utah Code 31A-1-301
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Land: includes :
         (18)(a) land;
         (18)(b) a tenement;
         (18)(c) a hereditament;
         (18)(d) a water right;
         (18)(e) a possessory right; and
         (18)(f) a claim. See Utah Code 68-3-12.5
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Liability insurance: includes :
              (112)(b)(i) vehicle liability insurance;
              (112)(b)(ii) residential dwelling liability insurance; and
              (112)(b)(iii) making inspection of, and issuing a certificate of inspection upon, an elevator, boiler, machinery, or apparatus of any kind when done in connection with insurance on the elevator, boiler, machinery, or apparatus. See Utah Code 31A-1-301
  • License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Maintain custody: means to direct the safekeeping and investment of state funds. See Utah Code 67-4-2
  • Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301
  • Member organization: means a person that belongs to an association. See Utah Code 31A-37-102
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Municipality: means the same as that term is defined in Section 10-1-104. See Utah Code 11-55-102
  • Municipality: means :
         (5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
         (5)(b) a town, as classified in Section 10-2-301; or
         (5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104
  • Mutual: means a mutual insurance corporation. See Utah Code 31A-1-301
  • mutual corporation: means a mutual insurance corporation. See Utah Code 31A-1-301
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Oath: A promise to tell the truth.
  • Oath: includes "affirmation. See Utah Code 68-3-12.5
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Order: means an order of the commissioner. See Utah Code 31A-1-301
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Parent: means a person that directly or indirectly owns, controls, or holds with power to vote more than 50% of the outstanding securities of an organization. See Utah Code 31A-37-102
  • Participant: means an entity that is insured by a sponsored captive insurance company:
         (23)(a) if the losses of the participant are limited through a participant contract to the assets of a protected cell; and
         (23)(b)
              (23)(b)(i) the entity is permitted to be a participant under Section 31A-37-403; or
              (23)(b)(ii) the entity is an affiliate of an entity permitted to be a participant under Section 31A-37-403. See Utah Code 31A-37-102
  • Participant contract: means a contract by which a sponsored captive insurance company:
         (24)(a) insures the risks of a participant; and
         (24)(b) limits the losses of the participant to the assets of a protected cell. See Utah Code 31A-37-102
  • Participating: means a plan of insurance under which the insured is entitled to receive a dividend representing a share of the surplus of the insurer. See Utah Code 31A-1-301
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
  • Person: includes :
         (146)(a) an individual;
         (146)(b) a partnership;
         (146)(c) a corporation;
         (146)(d) an incorporated or unincorporated association;
         (146)(e) a joint stock company;
         (146)(f) a trust;
         (146)(g) a limited liability company;
         (146)(h) a reciprocal;
         (146)(i) a syndicate; or
         (146)(j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Personal property: All property that is not real property.
  • Personal property: includes :
         (25)(a) money;
         (25)(b) goods;
         (25)(c) chattels;
         (25)(d) effects;
         (25)(e) evidences of a right in action;
         (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
         (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Policy: includes a service contract issued by:
              (150)(b)(i) a motor club under Chapter 11, Motor Clubs;
              (150)(b)(ii) a service contract provided under Chapter 6a, Service Contracts; and
              (150)(b)(iii) a corporation licensed under:
                   (150)(b)(iii)(A) Chapter 7, Nonprofit Health Service Insurance Corporations; or
                   (150)(b)(iii)(B) Chapter 8, Health Maintenance Organizations and Limited Health Plans. See Utah Code 31A-1-301
  • Political subdivision: means a county, municipality, school district, limited purpose local government entity described in Title 17B, Limited Purpose Local Government Entities - Special Districts, Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act, or Title 17D, Limited Purpose Local Government Entities - Other Entities, or an entity created by an interlocal agreement adopted under Title 11, Chapter 13, Interlocal Cooperation Act, or any other governmental subdivision or public corporation. See Utah Code 11-55-102
  • Premium: includes , however designated:
              (156)(b)(i) an assessment;
              (156)(b)(ii) a membership fee;
              (156)(b)(iii) a required contribution; or
              (156)(b)(iv) monetary consideration. See Utah Code 31A-1-301
  • Proceeding: includes an action or special statutory proceeding. See Utah Code 31A-1-301
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • producer: means a person licensed or required to be licensed under the laws of this state to sell, solicit, or negotiate insurance. See Utah Code 31A-1-301
  • Professional employer agreement: means a written contract by and between a client and a professional employer organization that provides for:
         (15)(a) the coemployment of a covered employee;
         (15)(b) with respect to a covered employee, the allocation of a right or obligation of an employer between:
              (15)(b)(i) the client; and
              (15)(b)(ii) the professional employer organization; and
         (15)(c) the assumption of the obligations imposed by this chapter by:
              (15)(c)(i) the client; or
              (15)(c)(ii) the professional employer organization. See Utah Code 31A-40-102
  • professional employer organization: means a person engaged in the business of providing a professional employer service. See Utah Code 31A-40-102
  • Professional employer organization group: means two or more professional employer organizations that are majority owned or commonly controlled or directed by the same one or more persons. See Utah Code 31A-40-102
  • Professional employer service: means the service of entering into a coemployment relationship under this chapter under which all or a majority of the employees who provide a service to a client, or a division or work unit of a client, are covered employees. See Utah Code 31A-40-102
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Protected cell: means a separate account established and maintained by a sponsored captive insurance company for one participant. See Utah Code 31A-37-102
  • Public debt: Cumulative amounts borrowed by the Treasury Department or the Federal Financing Bank from the public or from another fund or account. The public debt does not include agency debt (amounts borrowed by other agencies of the Federal Government). The total public debt is subject to a statutory limit.
  • Pure captive insurance company: means a business entity that insures risks of a parent or affiliate of the business entity. See Utah Code 31A-37-102
  • Qualified actuary: means an individual who:
         (19)(a) is a member in good standing of a professional actuarial accreditation organization designated by the department by rule;
         (19)(b) is qualified to sign a statement of actuarial opinion or annual statement for a professional employer organization in accordance with the qualification standards for an actuary signing an opinion or annual statement as provided by the professional actuarial accreditation organization designated under Subsection (19)(a);
         (19)(c) is familiar with the valuation requirements applicable to a professional employer organization;
         (19)(d) has not been found by the commissioner, or if so found has subsequently been reinstated as a qualified actuary, following appropriate notice and hearing to have:
              (19)(d)(i) violated a provision of, or an obligation imposed by, statute or other law in the course of the actuary's dealings as a qualified actuary;
              (19)(d)(ii) been found guilty of a fraudulent or dishonest practice;
              (19)(d)(iii) demonstrated the actuary's incompetency, lack of cooperation, or untrustworthiness to act as a qualified actuary;
              (19)(d)(iv) submitted to the commissioner during the past five years, pursuant to this rule, an actuarial opinion or memorandum that the commissioner rejected because it did not meet the provisions of rule; or
              (19)(d)(v) resigned or been removed as an actuary within the past five years as a result of an act or omission indicated in an adverse report on examination or as a result of failure to adhere to a generally acceptable actuarial standard; and
         (19)(e) has not failed to notify the commissioner of an action taken by any commissioner of another state similar to that under Subsection (19)(d). See Utah Code 31A-40-102
  • Quorum: The number of legislators that must be present to do business.
  • Rate: means :
              (163)(a)(i) the cost of a given unit of insurance; or
              (163)(a)(ii) for property or casualty insurance, that cost of insurance per exposure unit either expressed as:
                   (163)(a)(ii)(A) a single number; or
                   (163)(a)(ii)(B) a pure premium rate, adjusted before the application of individual risk variations based on loss or expense considerations to account for the treatment of:
                        (163)(a)(ii)(B)(I) expenses;
                        (163)(a)(ii)(B)(II) profit; and
                        (163)(a)(ii)(B)(III) individual insurer variation in loss experience. See Utah Code 31A-1-301
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Reinsurance: means an insurance transaction where an insurer, for consideration, transfers any portion of the risk it has assumed to another insurer. See Utah Code 31A-1-301
  • Reinsurer: means a person licensed in this state as an insurer with the authority to assume reinsurance. See Utah Code 31A-1-301
  • Retrocession: means reinsurance with another insurer of a liability assumed under a reinsurance contract. See Utah Code 31A-1-301
  • Road: includes :
         (33)(a) a public bridge;
         (33)(b) a county way;
         (33)(c) a county road;
         (33)(d) a common road; and
         (33)(e) a state road. See Utah Code 68-3-12.5
  • Security: means a:
              (176)(a)(i) note;
              (176)(a)(ii) stock;
              (176)(a)(iii) bond;
              (176)(a)(iv) debenture;
              (176)(a)(v) evidence of indebtedness;
              (176)(a)(vi) certificate of interest or participation in a profit-sharing agreement;
              (176)(a)(vii) collateral-trust certificate;
              (176)(a)(viii) preorganization certificate or subscription;
              (176)(a)(ix) transferable share;
              (176)(a)(x) investment contract;
              (176)(a)(xi) voting trust certificate;
              (176)(a)(xii) certificate of deposit for a security;
              (176)(a)(xiii) certificate of interest of participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease;
              (176)(a)(xiv) commodity contract or commodity option;
              (176)(a)(xv) certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase any of the items listed in Subsections (176)(a)(i) through (xiv); or
              (176)(a)(xvi) another interest or instrument commonly known as a security. See Utah Code 31A-1-301
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
         (34)(a) sex and reproductive organ anatomy;
         (34)(b) chromosomal makeup; and
         (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
  • Small employer: means , in connection with a health benefit plan and with respect to a calendar year and to a plan year, an employer who:
              (182)(a)(i)
                   (182)(a)(i)(A) employed at least one but not more than 50 eligible employees on business days during the preceding calendar year; or
                   (182)(a)(i)(B) if the employer did not exist for the entirety of the preceding calendar year, reasonably expects to employ an average of at least one but not more than 50 eligible employees on business days during the current calendar year;
              (182)(a)(ii) employs at least one employee on the first day of the plan year; and
              (182)(a)(iii) for an employer who has common ownership with one or more other employers, is treated as a single employer under Utah Code 31A-1-301
  • Special purpose financial captive insurance company: means the same as that term is defined in Section 31A-37a-102. See Utah Code 31A-37-102
  • Sponsor: means an entity that:
         (28)(a) meets the requirements of Section 31A-37-402; and
         (28)(b) is approved by the commissioner to:
              (28)(b)(i) provide all or part of the capital and surplus required by applicable law in an amount of not less than $350,000, which amount the commissioner may increase by order if the commissioner considers it necessary; and
              (28)(b)(ii) organize and operate a sponsored captive insurance company. See Utah Code 31A-37-102
  • Sponsored captive insurance company: means a captive insurance company:
         (29)(a) in which the minimum capital and surplus required by applicable law is provided by one or more sponsors;
         (29)(b) that is formed or holding a certificate of authority under this chapter;
         (29)(c) that insures the risks of a separate participant through the contract; and
         (29)(d) that segregates each participant's liability through one or more protected cells. See Utah Code 31A-37-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • State entity: includes independent state agencies and public corporations. See Utah Code 67-4-2
  • State funds: includes funds of independent state agencies or public corporations, regardless of the source of funds. See Utah Code 67-4-2
  • Statute: A law passed by a legislature.
  • Stock corporation: means a stock insurance corporation. See Utah Code 31A-1-301
  • Subpoena: A command to a witness to appear and give testimony.
  • Surplus: means the excess of assets over the sum of paid-in capital and liabilities. See Utah Code 31A-1-301
  • Temporary help service: means a service consisting of a person:
         (20)(a) recruiting and hiring the person's own employee;
         (20)(b) finding another person that wants the services of that employee;
         (20)(c) assigning the employee to:
              (20)(c)(i) perform services at or for the other person to support or supplement the other person's employees;
              (20)(c)(ii) provide assistance in a special work situation such as:
                   (20)(c)(ii)(A) an employee absence;
                   (20)(c)(ii)(B) a skill shortage; or
                   (20)(c)(ii)(C) a seasonal workload; or
              (20)(c)(iii) perform a special assignment or project; and
         (20)(d) customarily reassigning the employee to another organization when the employee finishes an assignment. See Utah Code 31A-40-102
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Town: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Treasury rates: means the United States Treasury strip asked yield as published in the Wall Street Journal as of a balance sheet date. See Utah Code 31A-37-102
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Verdict: The decision of a petit jury or a judge.
  • Warrant: means an order in a specific amount drawn upon the treasurer by the Division of Finance or another state agency. See Utah Code 67-4-2
  • Working capital: means the current assets minus the current liabilities of a professional employer organization determined in accordance with generally accepted accounting principles. See Utah Code 31A-40-102
  • Writing: includes :
         (48)(a) printing;
         (48)(b) handwriting; and
         (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5