(1) Except as provided in Chapter 37a, Special Purpose Financial Captive Insurance Company Act, and Subsection (2), Chapter 27a, Insurer Receivership Act, applies to a captive insurance company formed or holding a certificate of authority under this chapter.

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Terms Used In Utah Code 31A-37-104

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Captive insurance company: includes any of the following formed or holding a certificate of authority under this chapter:
              (9)(b)(i) a branch captive insurance company;
              (9)(b)(ii) a pure captive insurance company;
              (9)(b)(iii) an association captive insurance company;
              (9)(b)(iv) a sponsored captive insurance company;
              (9)(b)(v) an industrial insured captive insurance company, including an industrial insured captive insurance company formed as a risk retention group captive in this state pursuant to the provisions of the Federal Liability Risk Retention Act of 1986;
              (9)(b)(vi) a special purpose captive insurance company; or
              (9)(b)(vii) a special purpose financial captive insurance company. See Utah Code 31A-37-102
  • 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
  • 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
  • Protected cell: means a separate account established and maintained by a sponsored captive insurance company for one participant. See Utah Code 31A-37-102
  • Sponsored captive insurance company: means a captive insurance company:
         (29)(a) in which the minimum capital and surplus required by applicable law is provided by one or more sponsors;
         (29)(b) that is formed or holding a certificate of authority under this chapter;
         (29)(c) that insures the risks of a separate participant through the contract; and
         (29)(d) that segregates each participant's liability through one or more protected cells. See Utah Code 31A-37-102
  • Surplus: means the excess of assets over the sum of paid-in capital and liabilities. See Utah Code 31A-1-301
(2) In the case of a sponsored captive insurance company:

     (2)(a) the assets of a protected cell may not be used to pay an expense or claim other than one attributable to the protected cell; and
     (2)(b) the capital and surplus of the sponsored captive insurance company:

          (2)(b)(i) shall at all times be available to pay:

               (2)(b)(i)(A) an expense of the sponsored captive insurance company; or
               (2)(b)(i)(B) a claim against the sponsored captive insurance company; and
          (2)(b)(ii) may not be used to pay an expense or claim attributable to a protected cell.