Utah Code 31A-23a-909. Sales practices
Current as of: 2024 | Check for updates
|
Other versions
(1) As used in this section, “deliver” or “delivery” means:
Terms Used In Utah Code 31A-23a-909
- Aggregator site: means a website that provides access to information regarding insurance products from more than one insurer, including product and insurer information, for use in comparison shopping. See Utah Code 31A-23a-902
- Blanket travel insurance: means a travel insurance policy that:(2)(a) an insurer issues to an eligible group; and(2)(b) covers:(2)(b)(i) a specific class of persons defined in the policy; and(2)(b)(ii) all members of the eligible group without a separate charge to an individual member of the eligible group. See Utah Code 31A-23a-902
- 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- 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- 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- 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- Fulfillment material: means documentation that:
(5)(a) is sent to the purchaser of a travel protection plan;(5)(b) confirms the purchase of the travel protection plan; and(5)(c) provides the travel protection plan's coverage and assistance details. See Utah Code 31A-23a-902- Individual: means a natural person. 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- 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.
- 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- Policyholder: means a person who controls a policy, binder, or oral contract by ownership, premium payment, or otherwise. See Utah Code 31A-1-301
- 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
- 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- 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
- 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- 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
- Travel insurance: means insurance coverage for personal risks incident to planned travel, including:
(11)(a)(i) interruption or cancellation of a trip or event;(11)(a)(ii) loss of baggage or personal effects;(11)(a)(iii) damages to accommodations or rental vehicles;(11)(a)(iv) sickness, accident, disability, or death during travel;(11)(a)(v) emergency evacuation;(11)(a)(vi) repatriation of remains; or(11)(a)(vii) a contractual obligation that indemnifies or pays a specified amount to the traveler upon a determinable contingency related to travel. See Utah Code 31A-23a-902- Travel protection plan: means a plan that provides:
(12)(a) travel insurance;(12)(b) a travel assistance service; or(12)(c) a cancellation fee waiver. See Utah Code 31A-23a-902- Travel retailer: means a business entity that:
(13)(a) makes, arranges, or offers a travel service; and(13)(b) may offer and disseminate travel insurance as a service to the entity's customers on behalf of and under the direction of a limited lines travel insurance producer. See Utah Code 31A-23a-902(1)(a) handing fulfillment material to a policyholder or certificate holder; or(1)(b) sending fulfillment material by mail or electronic means to a policyholder or certificate holder.(2) A person who offers or sells a travel insurance policy to a resident of this state shall:(2)(a) ensure that each document the person provides to the consumer before the consumer purchases the travel insurance, including sales material, advertising material, and marketing material, is consistent with the purchased travel insurance policy, including each form and rate filing;(2)(b) provide the consumer information and an opportunity to learn more about each pre-existing condition exclusion the policy includes:(2)(b)(i) before the consumer purchases the policy; and(2)(b)(ii) in the travel protection plan‘s fulfillment materials; and(2)(c) after a consumer purchases a travel protection plan, provide each policyholder or certificate holder as soon as practicable:(2)(c)(i) the fulfillment materials; and(2)(c)(ii) the information described in Subsection 31A-23a-904(1).(3)(3)(a) Except as provided in Subsection (3)(b), a policyholder or certificate holder may cancel a policy or certificate for a full refund of the travel protection plan price during the period that:(3)(a)(i) begins the day on which the consumer purchases the policy or certificate; and(3)(a)(ii) ends no earlier than:(3)(a)(ii)(A) if the travel protection plan’s fulfillment materials are delivered to the policyholder or certificate holder by mail, 15 days after the day on which the mail is postmarked; or(3)(a)(ii)(B) if the travel protection plan’s fulfillment materials are delivered by means other than mail, 10 days after the day on which the delivery occurs.(3)(b) A policyholder or certificate holder may not cancel a policy or certificate as described in Subsection (3)(a) if an insured under the policy or certificate:(3)(b)(i) begins a trip covered under the travel insurance coverage; or(3)(b)(ii) files a claim under the travel insurance coverage.(4)(4)(a) An unfair trade practice under Section 31A-23a-402 includes:(4)(a)(i) offering or selling a travel insurance policy that could never result in payment of a claim for an insured under the policy; or(4)(a)(ii) marketing blanket travel insurance coverage as free of charge.(4)(b) It is not an unfair trade practice under Section 31A-23a-402 to market travel insurance directly to a consumer through an insurer‘s website or through an aggregator site, if:(4)(b)(i) an accurate summary or short description of coverage is provided on the website; and(4)(b)(ii) the consumer has access to the full provisions of the policy through electronic means.(4)(c) If a consumer’s destination jurisdiction requires insurance coverage and the consumer is provided proof of the requirement at the time of purchase, it is not an unfair trade practice under Section 31A-23a-402 to require that the consumer choose between the following options as a condition of purchasing a trip or travel package:(4)(c)(i) purchasing the coverage required by the destination jurisdiction through the travel retailer or limited lines travel insurance producer supplying the trip or travel package; or(4)(c)(ii) agreeing to obtain and provide proof of coverage that meets the destination jurisdiction’s requirements before departure.(5)(5)(a) A person offering, soliciting, or negotiating travel insurance or a travel protection plan may not offer or sell the travel insurance or travel protection plan on an individual or group basis by using a negative option or an opt out provision.(5)(b) For purposes of Subsection (5)(a), a negative option or opt out provision occurs when a consumer is required to take an affirmative action to deselect coverage, including unchecking a box on an electronic form, when the consumer purchases a trip. - Certificate: means evidence of insurance given to: