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Terms Used In Utah Code 31A-19a-210

  • Contract: A legal written agreement that becomes binding when signed.
  • Dividend: means money paid to a policyholder from the remaining portion of the premium paid for a policy:
         (3)(a) based on the participating class of business; and
         (3)(b) after the insurer has made deductions for:
              (3)(b)(i) losses;
              (3)(b)(ii) expenses;
              (3)(b)(iii) additions to reserves; and
              (3)(b)(iv) profit and contingencies. See Utah Code 31A-19a-102
  • 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
  • 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
  • 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
  • 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
  • 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
     (1)(a) This part does not prohibit the distribution by an insurer to a policyholder of any of the following allowed or returned by the insurer:

          (1)(a)(i) dividends;
          (1)(a)(ii) savings; or
          (1)(a)(iii) unabsorbed premium deposits.
     (1)(b) Notwithstanding Subsection (1)(a), an insurer may not distribute dividends, savings, or unabsorbed premium deposits to an entity that has no insurable interest in the insurance.
(2) An insurer may not unfairly discriminate between policyholders in the payment of dividends, savings, or unabsorbed premium deposits.
(3)

     (3)(a) A declaration of dividends or schedule explaining the basis for the distribution of dividends, savings, or unabsorbed premium deposits allowed or returned by an insurer to its policyholders is not a rating plan or system if the insurer:

          (3)(a)(i) determines and declares the declaration or schedule after a specified policy accounting period; and
          (3)(a)(ii) files the declaration or schedule pursuant to Section 31A-21-310.
     (3)(b) A declaration or schedule described under Subsection (3)(a) is not required to be filed with the commissioner under this chapter.
(4)

     (4)(a) A dividend or participating plan developed by insurers establishing given criteria for eligibility and the general basis for distribution for a dividend, if declared, is considered a rating plan if the plan is to be applicable to an insurance policy from its inception.
     (4)(b) A plan described in Subsection (4)(a) shall be filed with the commissioner pursuant to this part.
(5) An insurer may not make the distribution of a dividend or any portion of a dividend conditioned upon renewal of the policy or contract.