In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commissioner may adopt rules to:

(1) establish the requirements for the annual report required under Section 31A-36-106;

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Terms Used In Utah Code 31A-36-119

  • Advertising: includes the following, if the requirements of Subsection (1)(a) are met:
              (1)(b)(i) a written, electronic, or printed communication;
              (1)(b)(ii) a communication by means of a recorded telephone message;
              (1)(b)(iii) a communication transmitted on radio, television, the Internet, or similar communications media; and
              (1)(b)(iv) a film strip, motion picture, or video. See Utah Code 31A-36-102
  • 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
  • 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
  • Life settlement: includes :
              (8)(b)(i) the transfer for compensation or value of ownership or beneficial interest in a trust or other entity that owns a policy if the trust or other entity is formed or operated for the principal purpose of acquiring one or more policies; or
              (8)(b)(ii) a premium finance loan made for a policy by a lender to an owner on, before, or after the date of issuance of the policy if the owner:
                   (8)(b)(ii)(A) receives on the date of the premium finance loan a guarantee of a future life settlement value of the policy; or
                   (8)(b)(ii)(B) agrees on the date of the premium finance loan to sell the policy or any portion of the policy's death benefit on a date following the issuance of the policy. See Utah Code 31A-36-102
  • Life settlement producer: means a person licensed in the state as a life insurance producer that on behalf of an owner and for consideration offers or attempts to negotiate a life settlement between the owner and one or more life settlement providers. See Utah Code 31A-36-102
  • Life settlement provider: means a person other than an owner that enters into or effectuates a life settlement. See Utah Code 31A-36-102
  • Policy: means :
         (13)(a) an individual or group life insurance policy;
         (13)(b) an individual or group annuity policy;
         (13)(c) a group life insurance certificate;
         (13)(d) a group annuity certificate; or
         (13)(e) a life insurance policy or an annuity policy, whether or not delivered or issued for delivery in Utah:
              (13)(e)(i) affecting the rights of a resident of Utah; or
              (13)(e)(ii) bearing a reasonable relation to Utah. See Utah Code 31A-36-102
  • 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
  • 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.
(2) establish standards for evaluating the reasonableness of payments under life settlements;
(3) establish appropriate licensing requirements, fees, and standards for continued licensure for:

     (3)(a) a life settlement provider; and
     (3)(b) a life settlement producer;
(4)

     (4)(a) determine the amount and conditions of a bond or other assurance of financial responsibility required under Section 31A-23a-117 for a life settlement provider; and
     (4)(b) require, determine the amount, or determine the conditions of an assurance of financial responsibility for a life settlement producer, including a bond or an errors and omissions insurance policy;
(5) govern the relationship of insurers with a life settlement provider or life settlement producer during the settlement of a policy;
(6) determine the specific disclosures required under Section 31A-36-108;
(7) determine whether advertising for life settlements violates Section 31A-36-112;
(8) determine the information to be provided to the commissioner under Section 31A-36-114 and the manner of providing the information;
(9) determine additional acts or practices that are prohibited under Section 31A-36-111;
(10) establish payment requirements for the payments in Section 31A-36-110; and
(11) establish the filing procedure for the forms listed in Subsection 31A-36-105(1).