Utah Code 31A-19a-218. Appeal from filing
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Terms Used In Utah Code 31A-19a-218
- 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
- Contract: A legal written agreement that becomes binding when signed.
- 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- Order: means an order of the commissioner. See Utah Code 31A-1-301
- 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- 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- Rate service organization: means a person who assists an insurer in rate making or filing by:
(164)(a)(i) collecting, compiling, and furnishing loss or expense statistics;(164)(a)(ii) recommending, making, or filing rates or supplementary rate information; or(164)(a)(iii) advising about rate questions, except as an attorney giving legal advice. See Utah Code 31A-1-301- 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
- 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(1)(a) A person aggrieved by a filing that is in effect may apply to the commissioner in writing for a hearing.(1)(b) The application described under Subsection (1)(a) shall:(1)(b)(i) specify the grounds upon which the applicant intends to rely to establish the grievance; and(1)(b)(ii) state why the filing does not meet the requirements of law.(2) On receipt of an application for hearing under Subsection (1), the commissioner shall grant the requested hearing if the commissioner finds that:(2)(a) the application was made in good faith;(2)(b) the grievance is justified, assuming the applicant’s grounds can be established; and(2)(c) the grounds otherwise justify holding such a hearing.(3) A hearing granted under Subsection (2) shall be held:(3)(a) within 30 calendar days from the date of receipt of the application; and(3)(b) not less than 10 days after written notice to:(3)(b)(i) the applicant;(3)(b)(ii) each insurer that made the filing; and(3)(b)(iii) each rate service organization that made the filing.(4)(4)(a) If after the hearing the commissioner finds that the filing is defective, the commissioner shall issue an order:(4)(a)(i) specifying the respects in which the filing fails to meet the requirements of the law; and(4)(a)(ii) setting a date after which the filing ceases to be effective.(4)(b) A copy of the order shall be sent to each party to the dispute.(4)(c) The order may not affect any contract or policy made or issued before the date set forth in the order.