Utah Code 31A-37-303. Reinsurance
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Terms Used In Utah Code 31A-37-303
- Affiliated company: means a business entity that because of common ownership, control, operation, or management is in the same corporate or limited liability company system as:(1)(a)(i) a parent;(1)(a)(ii) an industrial insured; or(1)(a)(iii) a member organization. See Utah Code 31A-37-102
- 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- Commissioner: means Utah's Insurance Commissioner or the commissioner's designee. See Utah Code 31A-37-102
- Controlled unaffiliated business: means a business entity:
(14)(a)(14)(a)(i) in the case of a pure captive insurance company, that is not in the corporate or limited liability company system of a parent or the parent's affiliate; or(14)(a)(ii) in the case of an industrial insured captive insurance company, that is not in the corporate or limited liability company system of an industrial insured or an affiliated company of the industrial insured;(14)(b)(14)(b)(i) in the case of a pure captive insurance company, that has a contractual relationship with a parent or affiliate; or(14)(b)(ii) in the case of an industrial insured captive insurance company, that has a contractual relationship with an industrial insured or an affiliated company of the industrial insured; and(14)(c) whose risks that are or will be insured by a pure captive insurance company, an industrial insured captive insurance company, or both, are managed in accordance with Subsection 31A-37-106(1)(j) by:(14)(c)(i)(14)(c)(i)(A) a pure captive insurance company; or(14)(c)(i)(B) an industrial insured captive insurance company; or(14)(c)(ii) a parent or affiliate of:(14)(c)(ii)(A) a pure captive insurance company; or(14)(c)(ii)(B) an industrial insured captive insurance company. See Utah Code 31A-37-102- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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 Subsections31A-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- Parent: means a person that directly or indirectly owns, controls, or holds with power to vote more than 50% of the outstanding securities of an organization. See Utah Code 31A-37-102
- Reinsurance: means an insurance transaction where an insurer, for consideration, transfers any portion of the risk it has assumed to another insurer. See Utah Code 31A-1-301
- Reinsurer: means a person licensed in this state as an insurer with the authority to assume reinsurance. See Utah Code 31A-1-301
(1)(a) A captive insurance company may cede risks to any insurance company approved by the commissioner.(1)(b) Except as provided in Subsection (1)(c), a captive insurance company may provide reinsurance on risks ceded by any other insurer with prior approval of the commissioner.(1)(c) A captive insurance company may not provide reinsurance on a punitive damages risk ceded by an insurer, unless the punitive damages risk is the risk of the captive insurance company’s:(1)(c)(i) parent;(1)(c)(ii) affiliated company; or(1)(c)(iii) controlled unaffiliated business.(2)(2)(a) A captive insurance company may take credit for reserves on risks or portions of risks ceded to reinsurers if the captive insurance company complies with:(2)(a)(ii) other requirements as the commissioner may establish by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.(2)(b) Unless the reinsurer is in compliance with Section 31A-17-404, 31A-17-404.1, 31A-17-404.3, or 31A-17-404.4 or a rule adopted under Subsection (2)(a)(ii), a captive insurance company may not take credit for:(2)(b)(i) reserves on risks ceded to a reinsurer; or(2)(b)(ii) portions of risks ceded to a reinsurer. - Captive insurance company: includes any of the following formed or holding a certificate of authority under this chapter: