Sections
Part 1 Utah Life and Health Insurance Guaranty Association Act 31A-28-101 – 31A-28-120
Part 2 Property and Casualty Guaranty Association 31A-28-202 – 31A-28-222
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Terms Used In Utah Code > Title 31A > Chapter 28 - Guaranty Associations

  • Accident and health insurance: means insurance to provide protection against economic losses resulting from:
              (1)(a)(i) a medical condition including:
                   (1)(a)(i)(A) a medical care expense; or
                   (1)(a)(i)(B) the risk of disability;
              (1)(a)(ii) accident; or
              (1)(a)(iii) sickness. See Utah Code 31A-1-301
  • Administrator: means the same as that term is defined in Subsection (187). See Utah Code 31A-1-301
  • Affiliate: means a person who controls, is controlled by, or is under common control with, another person. See Utah Code 31A-1-301
  • Affiliate: is a s defined in Section 31A-1-301. See Utah Code 31A-28-203
  • 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
  • Alter: means to change the configuration of a heritage tree by pruning, trimming, topping, cutting, or by any other means. See Utah Code 65A-8-302
  • 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
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Annuity: means an agreement to make periodical payments for a period certain or over the lifetime of one or more individuals if the making or continuance of all or some of the series of the payments, or the amount of the payment, is dependent upon the continuance of human life. See Utah Code 31A-1-301
  • 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.
  • 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
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Association: means the Utah Life and Health Insurance Guaranty Association continued under Section 31A-28-106. See Utah Code 31A-28-105
  • Association account: means the Utah Property and Casualty Insurance Guaranty Association Account created by Section 31A-28-205. See Utah Code 31A-28-203
  • authorized: when used in the context of assessments, means that the board of directors passed a resolution by which an assessment will be called immediately or in the future from member insurers for an amount specified in the resolution. See Utah Code 31A-28-105
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Benefit plan: means a specific benefit plan of:
         (3)(a) employees;
         (3)(b) a union; or
         (3)(c) an association of natural persons. See Utah Code 31A-28-105
  • Bioprospecting: means the removal from a natural environment for research or commercial use of:
              (1)(a)(i) a naturally occurring microorganism, plant, or fungus; or
              (1)(a)(ii) information concerning a naturally occurring microorganism's, plant's, or fungus' physical or genetic properties. See Utah Code 65A-14-102
  • board of directors: means the group of persons with responsibility over, or management of, a corporation, however designated. See Utah Code 31A-1-301
  • Board of directors: means the board of directors established under Section 31A-28-107. See Utah Code 31A-28-105
  • called: when used in the context of assessments, means that the association issued a notice to member insurers requiring that an authorized assessment be paid within the time frame set forth in the notice. See Utah Code 31A-28-105
  • Cash surrender value: means the cash surrender value without reduction for an outstanding policy loan or surrender charge. See Utah Code 31A-28-105
  • Casualty insurance: means liability insurance. See Utah Code 31A-1-301
  • 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: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Claimant: means :
              (3)(a)(i) an insured making a first-party claim; or
              (3)(a)(ii) a person instituting a liability claim. See Utah Code 31A-28-203
  • Commercial tree species: means :
         (1)(a) Abies concolor (white fir);
         (1)(b) Abies lasiocarpa (subalpine fir);
         (1)(c) Juniperus osteosperma (Utah juniper);
         (1)(d) Juniperus scopulorum (Rocky Mountain juniper);
         (1)(e) Picea engelmannii (Engelmann spruce);
         (1)(f) Picea pungens (blue spruce);
         (1)(g) Pinus contorta (lodgepole pine);
         (1)(h) Pinus edulis (pion pine);
         (1)(i) Pinus flexilis (limber pine);
         (1)(j) Pinus longaeva (bristlecone pine);
         (1)(k) Pinus monophylla (singleleaf pion);
         (1)(l) Pinus ponderosa (ponderosa pine);
         (1)(m) Populous tremuloides (quaking aspen);
         (1)(n) Pseudotsuga menziesii (Douglas fir); or
         (1)(o) Quercus gambelii (gambel oak). See Utah Code 65A-8a-102
  • Commercially viable technology: means a technology that:
         (2)(a) has been successfully implemented on a commercial scale in similar conditions;
         (2)(b) is shown to be economically viable; and
         (2)(c) is reasonably compatible with the operator's overall extraction process. See Utah Code 65A-17-101
  • Commissioner: means the Great Salt Lake commissioner appointed under Section 73-32-201. See Utah Code 65A-16-101
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Common source of supply: means the mineral or element estate contained within the Great Salt Lake meander line. See Utah Code 65A-17-101
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conservation organization: means an institution, corporation, foundation, or association that is:
         (2)(a) private;
         (2)(b) nonprofit; and
         (2)(c) founded for the purpose of promoting conservation of natural resources. See Utah Code 65A-16-101
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • contract owner: means a person who:
              (16)(a)(i) is identified as the legal owner under the terms of the policy or contract; or
              (16)(a)(ii) is otherwise vested with legal title to the policy or contract through a valid assignment:
                   (16)(a)(ii)(A) completed in accordance with the terms of the policy or contract; and
                   (16)(a)(ii)(B) properly recorded as the owner on the books of the insurer. See Utah Code 31A-28-105
  • Contractual obligation: means an obligation under any of the following for which coverage is provided under Section 31A-28-103:
         (7)(a) a policy or contract;
         (7)(b) a certificate under a group policy or contract; or
         (7)(c) a portion of a policy or contract. See Utah Code 31A-28-105
  • 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
  • Council: means the Great Salt Lake Advisory Council created in Section 73-32-302. See Utah Code 65A-16-101
  • Coverage date: means the date on which the association becomes responsible for the obligations of a member insurer. See Utah Code 31A-28-105
  • Covered claim: means an unpaid claim, including an unpaid claim under a personal lines policy for unearned premiums submitted by a claimant, if:
              (4)(a)(i) the claim arises out of the coverage;
              (4)(a)(ii) the claim is within the coverage;
              (4)(a)(iii) the claim is not in excess of the applicable limits of an insurance policy to which this part applies;
              (4)(a)(iv) the insurer who issued the policy becomes an insolvent insurer; and
              (4)(a)(v)
                   (4)(a)(v)(A) the claimant or insured is a resident of this state at the time of the insured event; or
                   (4)(a)(v)(B) the claim is a first-party claim for damage to property that is permanently located in this state. See Utah Code 31A-28-203
  • Covered portion: means :
              (10)(a)(i) for a covered policy that has a cash surrender value, a fraction calculated with:
                   (10)(a)(i)(A) the numerator being the lesser of:
                        (10)(a)(i)(A)(I)
                             (10)(a)(i)(A)(I)(Aa) $200,000 for a life insurance policy; or
                             (10)(a)(i)(A)(I)(Bb) $250,000 for a covered policy that is not a life insurance policy; or
                        (10)(a)(i)(A)(II) the cash surrender value of the policy; and
                   (10)(a)(i)(B) the denominator being the cash surrender value of the policy; and
              (10)(a)(ii) for a covered policy that does not have a cash surrender value, a fraction calculated with:
                   (10)(a)(ii)(A) the numerator being the lesser of:
                        (10)(a)(ii)(A)(I)
                             (10)(a)(ii)(A)(I)(Aa) $200,000 for a life insurance policy; and
                             (10)(a)(ii)(A)(I)(Bb) $250,000 for a covered policy that is not a life insurance policy; or
                        (10)(a)(ii)(A)(II) the policy's minimum statutory reserve; and
                   (10)(a)(ii)(B) the denominator being the policy's minimum statutory reserve. See Utah Code 31A-28-105
  • Credit insurance: includes :
              (37)(b)(i) credit accident and health insurance;
              (37)(b)(ii) credit life insurance;
              (37)(b)(iii) credit property insurance;
              (37)(b)(iv) credit unemployment insurance;
              (37)(b)(v) guaranteed automobile protection insurance;
              (37)(b)(vi) involuntary unemployment insurance;
              (37)(b)(vii) mortgage accident and health insurance;
              (37)(b)(viii) mortgage guaranty insurance; and
              (37)(b)(ix) mortgage life insurance. See Utah Code 31A-1-301
  • 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
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: means the Insurance Department. See Utah Code 31A-1-301
  • Director: means a member of the board of directors of a corporation. See Utah Code 31A-1-301
  • Disability: means a physiological or psychological condition that partially or totally limits an individual's ability to:
         (51)(a) perform the duties of:
              (51)(a)(i) that individual's occupation; or
              (51)(a)(ii) an occupation for which the individual is reasonably suited by education, training, or experience; or
         (51)(b) perform two or more of the following basic activities of daily living:
              (51)(b)(i) eating;
              (51)(b)(ii) toileting;
              (51)(b)(iii) transferring;
              (51)(b)(iv) bathing; or
              (51)(b)(v) dressing. See Utah Code 31A-1-301
  • Division: means the Division of Forestry, Fire, and State Lands. See Utah Code 65A-1-1
  • Division: means the Division of Forestry, Fire, and State Lands. See Utah Code 65A-16-101
  • Division: means the Division of Forestry, Fire, and State Lands. See Utah Code 65A-8-302
  • Division of Law Enforcement: means the division within the Department of Natural Resources created under Title 79, Chapter 2, Part 7, Division of Law Enforcement. See Utah Code 65A-1-1 v2
  • Domestic insurer: means an insurer organized under the laws of this state. See Utah Code 31A-1-301
  • Domiciliary state: means the state in which an insurer:
         (54)(a) is incorporated;
         (54)(b) is organized; or
         (54)(c) in the case of an alien insurer, enters into the United States. See Utah Code 31A-1-301
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Utah Code 17-21a-102
  • Eligible applicant: means two or more conservation organizations that submit a joint grant application to the division under Section 65A-16-201 and meet the criteria listed in Subsection 65A-16-201(3)(a). See Utah Code 65A-16-101
  • Emergency trigger: means the salinity levels of the Gilbert Bay of the Great Salt Lake do not satisfy the ecological conditions required for healthy brine shrimp and brine fly reproduction. See Utah Code 65A-17-101
  • 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
  • Enrollee: includes an insured. 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
  • 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.
  • Exclusion: means for the purposes of accident and health insurance that an insurer does not provide insurance coverage, for whatever reason, for one of the following:
         (67)(a) a specific physical condition;
         (67)(b) a specific medical procedure;
         (67)(c) a specific disease or disorder; or
         (67)(d) a specific prescription drug or class of prescription drugs. See Utah Code 31A-1-301
  • Extra-contractual claim: includes a claim relating to:
         (11)(a) bad faith in the payment of a claim;
         (11)(b) punitive or exemplary damages; or
         (11)(c) attorney fees and costs. See Utah Code 31A-28-105
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • 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
  • Forest Water Quality Guidelines: means the field-applicable practice guidelines adopted by the division for use during forestry activities to protect water quality and contained within a nonpoint source management plan. See Utah Code 65A-8a-102
  • Forested land: means land, except land owned by the federal government or located within an incorporated city, growing commercial tree species that are, or could be at maturity, capable of furnishing raw material used in the manufacture of lumber or other forest products. See Utah Code 65A-8a-102
  • 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
  • Fraud: Intentional deception resulting in injury to another.
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grant money: means money awarded to an eligible applicant pursuant to this chapter. See Utah Code 65A-16-101
  • Grantee: means an eligible applicant that receives a grant authorized under this chapter. See Utah Code 65A-16-101
  • Great Salt Lake meander line: means the official meander line, completed in 1966, of the Great Salt Lake unless otherwise established by court order or negotiated boundary settlement. See Utah Code 65A-17-101
  • Great Salt Lake watershed: means the area comprised of the Great Salt Lake, the Bear River watershed, the Jordan River watershed, the Utah Lake watershed, the Weber River watershed, and the West Desert watershed. See Utah Code 65A-16-101
  • 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
  • Health care: means any of the following intended for use in the diagnosis, treatment, mitigation, or prevention of a human ailment or impairment:
         (83)(a) a professional service;
         (83)(b) a personal service;
         (83)(c) a facility;
         (83)(d) equipment;
         (83)(e) a device;
         (83)(f) supplies; or
         (83)(g) medicine. See Utah Code 31A-1-301
  • health insurance: means insurance providing:
              (84)(a)(i) a health care benefit; or
              (84)(a)(ii) payment of an incurred health care expense. See Utah Code 31A-1-301
  • Heritage tree: means any tree or group of trees designated as such by the division, in accordance with the following criteria:
         (3)(a) any live tree or group of trees indigenous to the state, or which has adapted exceptionally well to the climatic conditions of the state, or is one of a kind;
         (3)(b) any tree or group of trees that has exceptional national, state, or local historic significance;
         (3)(c) any tree or group of trees which has an exceptional size or exceptional form for its species;
         (3)(d) any tree or group of trees which has an exceptional age for its species; or
         (3)(e) any tree or group of trees in the state which is the sole representative of its species. See Utah Code 65A-8-302
  • 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
  • Impaired insurer: means a member insurer that is not an insolvent insurer and:
         (12)(a) is considered by the commissioner to be hazardous pursuant to this title; or
         (12)(b) is placed under an order of rehabilitation or conservation by a court of competent jurisdiction. See Utah Code 31A-28-105
  • Indemnity: means the payment of an amount to offset all or part of an insured loss. See Utah Code 31A-1-301
  • Individual: means a natural person. See Utah Code 31A-1-301
  • Initial attack: means action taken by the first resource to arrive at a wildland fire incident, including evaluating the wildland fire, patrolling, monitoring, holding action, or aggressive suppression action. See Utah Code 65A-1-1
  • 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
  • Insolvent insurer: means a member insurer that is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency. See Utah Code 31A-28-105
  • Insolvent insurer: means a member insurer that is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency. See Utah Code 31A-28-203
  • 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
  • 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
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • 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
  • Landowner: means a person who holds an ownership interest in forested land. See Utah Code 65A-8a-102
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • 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.
  • Life insurance: means :
              (114)(a)(i) insurance on a human life; and
              (114)(a)(ii) insurance pertaining to or connected with human life. See Utah Code 31A-1-301
  • Long-term care insurance: includes :
              (121)(b)(i) any of the following that provide directly or supplement long-term care insurance:
                   (121)(b)(i)(A) a group or individual annuity or rider; or
                   (121)(b)(i)(B) a life insurance policy or rider;
              (121)(b)(ii) a policy or rider that provides for payment of benefits on the basis of:
                   (121)(b)(ii)(A) cognitive impairment; or
                   (121)(b)(ii)(B) functional capacity; or
              (121)(b)(iii) a qualified long-term care insurance contract. See Utah Code 31A-1-301
  • Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301
  • Member insurer: includes an insurer whose license or certificate of authority in this state may have been:
              (14)(b)(i) suspended;
              (14)(b)(ii) revoked;
              (14)(b)(iii) not renewed; or
              (14)(b)(iv) voluntarily withdrawn. See Utah Code 31A-28-105
  • Member insurer: means any person who:
         (6)(a) writes any kind of insurance to which this part applies under Section 31A-28-202, including the exchange of reciprocal or inter-insurance contracts; and
         (6)(b) is licensed to transact insurance in this state. See Utah Code 31A-28-203
  • Mineral or element: means :
         (10)(a) a rare earth element;
         (10)(b) a trace element or mineral;
         (10)(c) a chemical compound that includes a rare earth element or trace element or mineral; or
         (10)(d) a mineral or element that is attached, embedded to, or is a by-product of another mineral or element. See Utah Code 65A-17-101
  • 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 a city or town. See Utah Code 65A-1-1
  • Mutual: means a mutual insurance corporation. See Utah Code 31A-1-301
  • Net direct written premiums: means direct gross premiums written in this state on insurance policies that this part applies to, less return premiums and dividends paid or credited to policyholders on the direct business. See Utah Code 31A-28-203
  • 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.
  • Ocean marine insurance: means insurance against loss of or damage to:
         (138)(a) ships or hulls of ships;
         (138)(b) goods, freight, cargoes, merchandise, effects, disbursements, profits, money, securities, choses in action, evidences of debt, valuable papers, bottomry, respondentia interests, or other cargoes in or awaiting transit over the oceans or inland waterways;
         (138)(c) earnings such as freight, passage money, commissions, or profits derived from transporting goods or people upon or across the oceans or inland waterways; or
         (138)(d) a vessel owner or operator as a result of liability to employees, passengers, bailors, owners of other vessels, owners of fixed objects, customs or other authorities, or other persons in connection with maritime activity. See Utah Code 31A-1-301
  • Operator: means a person who:
         (6)(a) is responsible for conducting forest practices; or
         (6)(b) through a contractual agreement with the landowner, is obligated to or entitled to conduct forest practices or to carry out a timber sale. See Utah Code 65A-8a-102
  • Operator: means a person qualified to do business in the state pursuing the extraction of minerals or elements from the Great Salt Lake. See Utah Code 65A-17-101
  • Order: means an order of the commissioner. See Utah Code 31A-1-301
  • 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.
  • Paying quantities: means the revenue generated from the sale of the mineral or element being produced exceeds the costs associated with obtaining the mineral or element, including any royalty obligation. See Utah Code 65A-17-101
  • 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 any individual, partnership, corporation, or association. See Utah Code 65A-8-302
  • 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 lines policy: means an insurance policy issued to an individual that:
         (8)(a) insures a motor vehicle used for personal purposes and not used in trade or business; or
         (8)(b) insures a residential dwelling. See Utah Code 31A-28-203
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plan sponsor: means the same as that term is defined in Utah Code 31A-1-301
  • 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
  • Policyholder: means a person who controls a policy, binder, or oral contract by ownership, premium payment, or otherwise. See Utah Code 31A-1-301
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • 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
  • premiums: means an amount or consideration received on covered policies or contracts, less:
              (17)(a)(i) returned:
                   (17)(a)(i)(A) premiums;
                   (17)(a)(i)(B) considerations; and
                   (17)(a)(i)(C) deposits; and
              (17)(a)(ii) dividends and experience credits. See Utah Code 31A-28-105
  • 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
  • Program: means the Great Salt Lake Watershed Enhancement Program created under Section 65A-16-201. See Utah Code 65A-16-101
  • 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.
  • 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
  • Receiver: means , as the context requires:
         (19)(a) a rehabilitator;
         (19)(b) a liquidator;
         (19)(c) an ancillary receiver; or
         (19)(d) a conservator. See Utah Code 31A-28-105
  • Receivership court: means the court in the insolvent or impaired insurer's state having jurisdiction over the conservation, rehabilitation, or liquidation of the member insurer. See Utah Code 31A-28-105
  • 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
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Residence: means , for entities other than a natural person, the state where the principal place of business of a claimant, insured, or policyholder is located at the time of the insured event. See Utah Code 31A-28-203
  • Resident: means a person:
              (21)(a)(i) to whom a contractual obligation is owed; and
              (21)(a)(ii) who resides in this state on the earlier of the date a member insurer is an:
                   (21)(a)(ii)(A) impaired insurer; or
                   (21)(a)(ii)(B) insolvent insurer. See Utah Code 31A-28-105
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Rider: means an endorsement to:
         (173)(a) an insurance policy; or
         (173)(b) an insurance certificate. 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
  • Sell: means to exchange a contract of insurance:
         (179)(a) by any means;
         (179)(b) for money or its equivalent; and
         (179)(c) on behalf of an insurance company. See Utah Code 31A-1-301
  • 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.
  • Sovereign lands: means those lands lying below the ordinary high water mark of navigable bodies of water at the date of statehood and owned by the state by virtue of its sovereignty. See Utah Code 65A-1-1
  • 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 lands: means all lands administered by the division. See Utah Code 65A-1-1
  • Structured settlement annuity: means an annuity purchased to fund periodic payments for a plaintiff or other claimant in payment for personal injury suffered by the plaintiff or other claimant. See Utah Code 31A-28-105
  • Structured settlement factoring transaction: means the same as that term is defined in Utah Code 31A-28-105
  • Supplemental contract: means a written agreement entered into for the distribution of proceeds under a policy or contract for:
         (24)(a) life insurance;
         (24)(b) accident and health insurance; or
         (24)(c) annuity. See Utah Code 31A-28-105
  • Surplus: means the excess of assets over the sum of paid-in capital and liabilities. See Utah Code 31A-1-301
  • Title insurance: means the insuring, guaranteeing, or indemnifying of an owner of real or personal property or the holder of liens or encumbrances on that property, or others interested in the property against loss or damage suffered by reason of liens or encumbrances upon, defects in, or the unmarketability of the title to the property, or invalidity or unenforceability of any liens or encumbrances on the property. See Utah Code 31A-1-301
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Trustee: A person or institution holding and administering property in trust.
  • Trustee: means "director" when referring to the board of directors of a corporation. See Utah Code 31A-1-301
  • Unallocated annuity contract: means an annuity contract or group annuity certificate that is not issued to and owned by an individual, except to the extent of any annuity benefits guaranteed to an individual by an insurer under the contract or certificate. See Utah Code 31A-28-105
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • UP causeway breach: means a breach in the 21-mile Union Pacific Railroad causeway across the Great Salt Lake that separates the Great Salt Lake into Gunnison Bay and Gilbert Bay. See Utah Code 65A-17-101
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • waste: means :
              (18)(a)(i) the failure of an operation to provide the state with a full and fair return on each separately identified mineral or element;
              (18)(a)(ii) an unnecessary depletion, diminishment, or reduction of the quantity or quality of a mineral or element; or
              (18)(a)(iii) imprudent and uneconomical operations. See Utah Code 65A-17-101
  • Wildland: means an area where:
         (9)(a) development is essentially non-existent, except for roads, railroads, powerlines, or similar transportation facilities; and
         (9)(b) structures, if any, are widely scattered. See Utah Code 65A-1-1
  • Wildland fire: means a fire that consumes:
         (10)(a) wildland; or
         (10)(b) wildland-urban interface, as defined in Section 65A-8a-102. See Utah Code 65A-1-1
  • Wildland-urban interface: means the zone where structures and other human development meets, or intermingles with, undeveloped wildland. See Utah Code 65A-8a-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