§ 17-18a-501 Duties as civil counsel
§ 17-18a-502 Civil violation of county ordinance
§ 17-18a-503 Legal opinions
§ 17-18a-504 Review and advise as to form
§ 17-18a-505 Escheats to the state
§ 17-18a-506 Correctional facility telephone service contracts — Approval by civil counsel — Required rates
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Terms Used In Utah Code > Title 17 > Chapter 18a > Part 5 - Counsel for Civil Actions

  • 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
  • Acquisition date: means the day on which the state received title to land. See Utah Code 63L-7-103
  • Administrator: means the same as that term is defined in Subsection (187). See Utah Code 31A-1-301
  • Administrator: means the same as that term is defined in Section 67-4a-102. See Utah Code 31A-22-1902
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affiliate: means a person who controls, is controlled by, or is under common control with, another person. See Utah Code 31A-1-301
  • 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 insurer: means an insurer domiciled outside the United States. 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.
  • Applicant: means :
         (1)(a) when referring to an individual limited long-term care insurance policy, the person who seeks to contract for benefits; and
         (1)(b) when referring to a group limited long-term care insurance policy, the proposed certificate holder. See Utah Code 31A-22-2002
  • 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
  • Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Associate member state: means any state that is not a "member state. See Utah Code 63L-6-105
  • Asymmetric conduct: means an insurer's use of the death master file or other similar database before July 1, 2015, in connection with searching for information regarding whether annuitants under the insurer's annuities might be deceased, but not in connection with whether the insureds under the insurer's policies might be deceased. See Utah Code 31A-22-1902
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • 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
  • Bequest: Property gifted by will.
  • 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
  • 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
  • Commission: means the Federalism Commission. See Utah Code 63L-10-102
  • 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.
  • Compact: means the Interstate Compact on the Transfer of Public Lands. See Utah Code 63L-6-105
  • Compact administrator: means the person selected by the compact commission to staff the compact commission and whose duties, powers, and tenure are only those approved by the commission. See Utah Code 63L-6-105
  • Compact commission: means the entity composed of member state representatives and who will administer the compact. See Utah Code 63L-6-105
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Conservation area: means an area that potentially has wilderness characteristics. See Utah Code 63L-7-103
  • 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.
  • Contract: means an annuity contract. See Utah Code 31A-22-1902
  • 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
  • Crop insurance: includes multiperil crop insurance. See Utah Code 31A-1-301
  • Customer service representative: means a person that provides an insurance service and insurance product information:
              (43)(a)(i) for the customer service representative's:
                   (43)(a)(i)(A) producer;
                   (43)(a)(i)(B) surplus lines producer; or
                   (43)(a)(i)(C) consultant employer; and
              (43)(a)(ii) to the customer service representative's employer's:
                   (43)(a)(ii)(A) customer;
                   (43)(a)(ii)(B) client; or
                   (43)(a)(ii)(C) organization. See Utah Code 31A-1-301
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Death master file: means the United States Social Security Administration's Death Master File or another database or service that is at least as comprehensive as the United States Social Security Administration's Death Master File for determining that a person has reportedly died. See Utah Code 31A-22-1902
  • Death master file match: means a search of a death master file that results in a match of the Social Security number, or the name and date of birth of an insured, annuity owner, or retained asset account holder. See Utah Code 31A-22-1902
  • 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
  • Designated home state: means the state or territory of the United States or the District of Columbia:
         (2)(a) in which an insurance producer, limited lines producer, consultant, managing general agent, or reinsurance intermediary licensee does not maintain the licensee's principal:
              (2)(a)(i) place of residence; or
              (2)(a)(ii) place of business;
         (2)(b) if the resident state, territory, or District of Columbia of the licensee does not license for the line of authority sought, the licensee has qualified for the license as if the person were a resident in the state, territory, or District of Columbia described in Subsection (2)(a), including an applicable:
              (2)(b)(i) examination requirement;
              (2)(b)(ii) fingerprint background check requirement; and
              (2)(b)(iii) continuing education requirement; and
         (2)(c) if the licensee has designated the state, territory, or District of Columbia as the designated home state. See Utah Code 31A-23a-102
  • Direct response solicitation: means an offer for life or accident and health insurance coverage that allows the individual to apply for or enroll in the insurance coverage on the basis of the offer. 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
  • DNR: means the Department of Natural Resources. See Utah Code 63L-7-103
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • 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
  • Employee benefits: means one or more benefits or services provided to:
         (58)(a) an employee; or
         (58)(b) a dependent of an employee. See Utah Code 31A-1-301
  • 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
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Escrow: means :
              (64)(a)(i) a transaction that effects the sale, transfer, encumbering, or leasing of real property, when a person not a party to the transaction, and neither having nor acquiring an interest in the title, performs, in accordance with the written instructions or terms of the written agreement between the parties to the transaction, any of the following actions:
                   (64)(a)(i)(A) the explanation, holding, or creation of a document; or
                   (64)(a)(i)(B) the receipt, deposit, and disbursement of money; or
              (64)(a)(ii) a settlement or closing involving:
                   (64)(a)(ii)(A) a mobile home;
                   (64)(a)(ii)(B) a grazing right;
                   (64)(a)(ii)(C) a water right; or
                   (64)(a)(ii)(D) other personal property authorized by the commissioner. See Utah Code 31A-1-301
  • Escrow agent: means an agency title insurance producer meeting the requirements of Sections 31A-4-107, 31A-14-211, and 31A-23a-204, who is acting through an individual title insurance producer licensed with an escrow subline of authority. See Utah Code 31A-1-301
  • 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.
  • 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.
  • 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.
  • 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.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governmental entity: is a s defined in Section 59-2-511. See Utah Code 63L-6-102
  • Governmental entity: means :
         (1)(a) an agency, as that term is defined in Section 63G-10-102;
         (1)(b) the School and Institutional Trust Lands Administration created in Section 53C-1-201;
         (1)(c) the School and Institutional Trust Lands Board of Trustees created in Section 53C-1-202; or
         (1)(d) a political subdivision, as that term is defined in Section 63L-11-102. See Utah Code 63L-12-101
  • Group insurance policy: means a policy covering a group of persons that is issued:
              (79)(a)(i) to a policyholder on behalf of the group; and
              (79)(a)(ii) for the benefit of a member of the group who is selected under a procedure defined in:
                   (79)(a)(ii)(A) the policy; or
                   (79)(a)(ii)(B) an agreement that is collateral to the policy. See Utah Code 31A-1-301
  • Group limited long-term care insurance: means a limited long-term care insurance policy that is delivered or issued for delivery:
         (3)(a) in this state; and
         (3)(b) to an eligible group, as described under Subsection 31A-22-701(1). See Utah Code 31A-22-2002
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • 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
  • Home state: means :
         (3)(a) a state or territory of the United States or the District of Columbia in which an insurance producer, limited lines producer, consultant, managing general agent, or reinsurance intermediary licensee:
              (3)(a)(i) maintains the licensee's principal:
                   (3)(a)(i)(A) place of residence; or
                   (3)(a)(i)(B) place of business; and
              (3)(a)(ii) is licensed to act as a resident licensee; or
         (3)(b) if the resident state, territory, or the District of Columbia described in Subsection (3)(a) does not license for the line of authority sought, a state, territory, or the District of Columbia:
              (3)(b)(i) in which the licensee is licensed;
              (3)(b)(ii) in which the licensee is in good standing; and
              (3)(b)(iii) that the licensee has designated as the licensee's designated home state. See Utah Code 31A-23a-102
  • 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
  • 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
  • Insurer: is a s defined in Section 31A-1-301, except that the following persons or similar persons are not insurers for purposes of Part 7, Producer Controlled Insurers:
         (4)(a) a risk retention group as defined in:
              (4)(a)(i) the Superfund Amendments and Reauthorization Act of 1986, Pub. See Utah Code 31A-23a-102
  • 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
  • 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
  • Legal expense insurance: includes an arrangement that creates a reasonable expectation of an enforceable right. See Utah Code 31A-1-301
  • Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
         (3)(a) the power and duty to enact ordinances, levy taxes, and establish budgets; and
         (3)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
  • 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
  • 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
  • Limited lines producer: means a person who sells, solicits, or negotiates limited lines insurance. See Utah Code 31A-1-301
  • Limited long-term care insurance: includes a policy or rider described in Subsection (4)(a) that provides for payment of benefits based on cognitive impairment or the loss of functional capacity. See Utah Code 31A-22-2002
  • 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
  • Majority leader: see Floor Leaders
  • Managing general agent: means a person that:
              (6)(a)(i) manages all or part of the insurance business of an insurer, including the management of a separate division, department, or underwriting office;
              (6)(a)(ii) acts as an agent for the insurer whether it is known as a managing general agent, manager, or other similar term;
              (6)(a)(iii) produces and underwrites an amount of gross direct written premium equal to, or more than, 5% of the policyholder surplus as reported in the last annual statement of the insurer in any one quarter or year:
                   (6)(a)(iii)(A) with or without the authority;
                   (6)(a)(iii)(B) separately or together with an affiliate; and
                   (6)(a)(iii)(C) directly or indirectly; and
              (6)(a)(iv)
                   (6)(a)(iv)(A) adjusts or pays claims in excess of an amount determined by the commissioner; or
                   (6)(a)(iv)(B) negotiates reinsurance on behalf of the insurer. See Utah Code 31A-23a-102
  • Medicare: means the "Health Insurance for the Aged Act" Title XVIII of the federal Social Security Act, as then constituted or later amended. See Utah Code 31A-1-301
  • Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301
  • Member state: means any of the following states that are a signatory to the compact and that have adopted it under the laws of that state: Alaska; Arizona; California; Colorado; Idaho; Montana; Nevada; New Mexico; Oregon; Utah; Washington; and Wyoming. See Utah Code 63L-6-105
  • Moderate income housing: means housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80% of the median gross income for households of the same size in the county in which the housing is located. See Utah Code 63L-12-101
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Motor club: means a person:
         (131)(a) licensed under:
              (131)(a)(i) Chapter 5, Domestic Stock and Mutual Insurance Corporations;
              (131)(a)(ii) Chapter 11, Motor Clubs; or
              (131)(a)(iii) Chapter 14, Foreign Insurers; and
         (131)(b) that promises for an advance consideration to provide for a stated period of time one or more:
              (131)(b)(i) legal services under Subsection 31A-11-102(1)(b);
              (131)(b)(ii) bail services under Subsection 31A-11-102(1)(c); or
              (131)(b)(iii)
                   (131)(b)(iii)(A) trip reimbursement;
                   (131)(b)(iii)(B) towing services;
                   (131)(b)(iii)(C) emergency road services;
                   (131)(b)(iii)(D) stolen automobile services;
                   (131)(b)(iii)(E) a combination of the services listed in Subsections (131)(b)(iii)(A) through (D); or
                   (131)(b)(iii)(F) other services given in Subsections 31A-11-102(1)(b) through (f). See Utah Code 31A-1-301
  • Municipality: means the same as that term is defined in Section 10-1-104. See Utah Code 63L-12-101
  • Negotiate: means the act of conferring directly with or offering advice directly to a purchaser or prospective purchaser of a particular contract of insurance concerning a substantive benefit, term, or condition of the contract if the person engaged in that act:
         (7)(a) sells insurance; or
         (7)(b) obtains insurance from insurers for purchasers. See Utah Code 31A-23a-102
  • Net proceeds: means the proceeds from the sale of public lands, after subtracting expenses incident to the sale of the public lands. See Utah Code 63L-6-102
  • 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.
  • Office: means the Public Lands Policy Coordinating Office established in Section 63L-11-201. See Utah Code 63L-10-102
  • Order: means an order of the commissioner. See Utah Code 31A-1-301
  • Outline of coverage: means a summary that explains an accident and health insurance policy. 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: 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 lines insurance: means property and casualty insurance coverage sold for primarily noncommercial purposes to:
         (147)(a) an individual; or
         (147)(b) a family. See Utah Code 31A-1-301
  • 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
  • Plan: means the statewide resource management plan, created pursuant to Section 63L-11-203 and adopted in Section 63L-10-103. See Utah Code 63L-10-102
  • 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.
  • PLPCO: means the Public Lands Policy Coordination Office. See Utah Code 63L-7-103
  • 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
  • Policy: means a policy or certificate of life insurance that provides a death benefit. See Utah Code 31A-22-1902
  • Policyholder: means a person who controls a policy, binder, or oral contract by ownership, premium payment, or otherwise. See Utah Code 31A-1-301
  • Preexisting condition: means a condition for which medical advice or treatment is recommended:
         (5)(a) by, or received from, a provider of health care services; and
         (5)(b) within six months before the day on which the coverage of an insured person becomes effective. See Utah Code 31A-22-2002
  • 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
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • 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
  • Producer for the insured: means a producer who:
                   (102)(c)(i)(A) is compensated directly and only by an insurance customer or an insured; and
                   (102)(c)(i)(B) receives no compensation directly or indirectly from an insurer for selling, soliciting, or negotiating an insurance product of that insurer to an insurance customer or insured. See Utah Code 31A-1-301
  • Producer for the insurer: means a producer who is compensated directly or indirectly by an insurer for selling, soliciting, or negotiating an insurance product of that insurer. See Utah Code 31A-1-301
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Property insurance: means insurance against loss or damage to real or personal property of every kind and any interest in that property:
              (160)(a)(i) from all hazards or causes; and
              (160)(a)(ii) against loss consequential upon the loss or damage including vehicle comprehensive and vehicle physical damage coverages. See Utah Code 31A-1-301
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Protected wilderness area: means an area of wilderness that has been designated under this chapter as part of the Utah wilderness preservation system. See Utah Code 63L-7-103
  • Public lands: means lands within the exterior boundaries of this state except:
         (3)(a) lands to which title is held by a person who is not a governmental entity;
         (3)(b) lands owned or held in trust by this state, a political subdivision of this state, or an independent entity;
         (3)(c) lands reserved for use by the state system of public education as described in Utah Constitution Article X, § 2, or a state institution of higher education listed in Section 53B-1-102;
         (3)(d) school and institutional trust lands as defined in Section 53C-1-103;
         (3)(e) lands within the exterior boundaries as of January 1, 2012, of the following that are designated as national parks:
              (3)(e)(i) Arches National Park;
              (3)(e)(ii) Bryce Canyon National Park;
              (3)(e)(iii) Canyonlands National Park;
              (3)(e)(iv) Capitol Reef National Park; and
              (3)(e)(v) Zion National Park;
         (3)(f) lands within the exterior boundaries as of January 1, 2012, of the following national monuments managed by the National Park Service as of January 1, 2012:
              (3)(f)(i) Cedar Breaks National Monument;
              (3)(f)(ii) Dinosaur National Monument;
              (3)(f)(iii) Hovenweep National Monument;
              (3)(f)(iv) Natural Bridges National Monument;
              (3)(f)(v) Rainbow Bridge National Monument; and
              (3)(f)(vi) Timpanogos Cave National Monument;
         (3)(g) lands within the exterior boundaries as of January 1, 2012, of the Golden Spike National Historic Site;
         (3)(h) lands within the exterior boundaries as of January 1, 2012, of the following wilderness areas located in the state that, as of January 1, 2012, are designated as part of the National Wilderness Preservation System under the Wilderness Act of 1964, 16 U. See Utah Code 63L-6-102
  • Public lands: means :
         (4)(a) land other than a national park that is managed by the United States Parks Service;
         (4)(b) land that is managed by the United States Forest Service; and
         (4)(c) land that is managed by the Bureau of Land Management. See Utah Code 63L-10-102
  • 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
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • real property: includes :
         (31)(a) land;
         (31)(b) a tenement;
         (31)(c) a hereditament;
         (31)(d) a water right;
         (31)(e) a possessory right; and
         (31)(f) a claim. See Utah Code 68-3-12.5
  • Rebate: means a licensee paying, allowing, giving, or offering to pay, allow, or give, directly or indirectly:
              (166)(a)(i) a refund of premium or portion of premium;
              (166)(a)(ii) a refund of commission or portion of commission;
              (166)(a)(iii) a refund of all or a portion of a consultant fee; or
              (166)(a)(iv) providing services or other benefits not specified in an insurance or annuity contract. See Utah Code 31A-1-301
  • Record keeping services: means those circumstances under which the insurer agrees with a group policy or contract customer to be responsible for obtaining, maintaining, and administering, in its own or its agents' systems, information about each individual insured under an insured's group insurance contract, or a line of coverage under the group insurance contract, at least the following information:
         (7)(a) social security number, or name and date of birth;
         (7)(b) beneficiary designation information;
         (7)(c) coverage eligibility;
         (7)(d) benefit amount; and
         (7)(e) premium payment status. See Utah Code 31A-22-1902
  • 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
  • Reinsurance intermediary: means :
         (8)(a) a reinsurance intermediary-broker; or
         (8)(b) a reinsurance intermediary-manager. See Utah Code 31A-23a-102
  • Reinsurance intermediary-broker: means a person other than an officer or employee of the ceding insurer, firm, association, or corporation who solicits, negotiates, or places reinsurance cessions or retrocessions on behalf of a ceding insurer without the authority or power to bind reinsurance on behalf of the insurer. See Utah Code 31A-23a-102
  • Reinsurance intermediary-manager: means a person who:
              (10)(a)(i) has authority to bind or who manages all or part of the assumed reinsurance business of a reinsurer, including the management of a separate division, department, or underwriting office; and
              (10)(a)(ii) acts as an agent for the reinsurer whether the person is known as a reinsurance intermediary-manager, manager, or other similar term. See Utah Code 31A-23a-102
  • 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.
  • Resident: is a s defined by rule made by the commissioner in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 31A-23a-102
  • Retained asset account: means a mechanism whereby the settlement of proceeds payable under a policy or contract is accomplished by the insurer or an entity acting on behalf of the insurer by depositing the proceeds into an account with check or draft writing privileges, where those proceeds are retained by the insurer or its agent, pursuant to a supplementary contract not involving annuity benefits other than death benefits. See Utah Code 31A-22-1902
  • Rider: means an endorsement to:
         (173)(a) an insurance policy; or
         (173)(b) an insurance certificate. See Utah Code 31A-1-301
  • Road: means a road classified as either a class B road, as described in Section 72-3-103, or a class D road, as described in Section 72-3-105. See Utah Code 63L-7-103
  • Roadless area: means an area without a road, as defined in Subsection (6). See Utah Code 63L-7-103
  • 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:
         (12)(a) by any means;
         (12)(b) for money or its equivalent; and
         (12)(c) on behalf of an insurance company. See Utah Code 31A-23a-102
  • 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.
  • Solicit: means :
         (13)(a) attempting to sell insurance;
         (13)(b) asking or urging a person to apply for:
              (13)(b)(i) a particular kind of insurance; and
              (13)(b)(ii) insurance from a particular insurance company;
         (13)(c) advertising insurance, including advertising for the purpose of obtaining leads for the sale of insurance; or
         (13)(d) holding oneself out as being in the insurance business. See Utah Code 31A-23a-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
  • Statute: A law passed by a legislature.
  • 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
  • Terminate: means :
         (14)(a) the cancellation of the relationship between:
              (14)(a)(i) an individual licensee or agency licensee and a particular insurer; or
              (14)(a)(ii) an individual licensee and a particular agency licensee; or
         (14)(b) the termination of:
              (14)(b)(i) an individual licensee's or agency licensee's authority to transact insurance on behalf of a particular insurance company; or
              (14)(b)(ii) an individual licensee's authority to transact insurance on behalf of a particular agency licensee. See Utah Code 31A-23a-102
  • Title examination: means a license subline of authority in conjunction with the title insurance line of authority that allows a person to issue title insurance commitments or policies on behalf of a title insurer. See Utah Code 31A-23a-102
  • 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
  • Title marketing representative: means a person who:
         (16)(a) represents a title insurer in soliciting, requesting, or negotiating the placing of:
              (16)(a)(i) title insurance; or
              (16)(a)(ii) escrow services; and
         (16)(b) does not have a title examination or escrow license as provided in Section 31A-23a-106. See Utah Code 31A-23a-102
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • 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
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • under common control: means the direct or indirect possession of the power to direct or cause the direction of the management and policies of a person. See Utah Code 31A-1-301
  • Uniform application: means the version of the National Association of Insurance Commissioners' uniform application for resident and nonresident producer licensing at the time the application is filed. See Utah Code 31A-23a-102
  • Uniform business entity application: means the version of the National Association of Insurance Commissioners' uniform business entity application for resident and nonresident business entities at the time the application is filed. See Utah Code 31A-23a-102
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Waiting period: means the time an insured waits before some or all of the insured's coverage becomes effective. See Utah Code 31A-22-2002
  • Wilderness: means a roadless area of undeveloped state-owned land, other than land owned by the School and Institutional Trust Lands Administration, that:
         (8)(a) is acquired by the state from the federal government through purchase, exchange, grant, or any other means of conveyance of title after May 13, 2014;
         (8)(b) retains its primeval character and influence, without permanent improvements or human habitation;
         (8)(c) generally appears to have been affected primarily by the forces of nature, with minimal human impact;
         (8)(d) has at least 5,000 contiguous acres of land, or is of sufficient size as to make practicable its preservation and use in an unimpaired condition;
         (8)(e) has outstanding opportunities for solitude, or a primitive and unconfined type of recreation; and
         (8)(f) may contain ecological, geological, or other features of scientific, educational, scenic, or historical value. See Utah Code 63L-7-103
  • 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