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Terms Used In Utah Code 31A-37a-103

  • 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
  • Captive insurance company: means :
         (21)(a) an insurer:
              (21)(a)(i) owned by a parent organization; and
              (21)(a)(ii) whose purpose is to insure risks of the parent organization and other risks as authorized under:
                   (21)(a)(ii)(A) Chapter 37, Captive Insurance Companies Act; and
                   (21)(a)(ii)(B) Chapter 37a, Special Purpose Financial Captive Insurance Company Act; or
         (21)(b) in the case of a group or association, an insurer:
              (21)(b)(i) owned by the insureds; and
              (21)(b)(ii) whose purpose is to insure risks of:
                   (21)(b)(ii)(A) a member organization;
                   (21)(b)(ii)(B) a group member; or
                   (21)(b)(ii)(C) an affiliate of:
                        (21)(b)(ii)(C)(I) a member organization; or
                        (21)(b)(ii)(C)(II) a group member. 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
  • Order: means an order of the commissioner. See Utah Code 31A-1-301
     (1)(a) A special purpose financial captive insurance company is subject to:

          (1)(a)(i) this chapter; and
          (1)(a)(ii) Chapter 37, Captive Insurance Companies Act.
     (1)(b) If there is a conflict between this chapter and Chapter 37, Captive Insurance Companies Act, this chapter controls.
(2) A special purpose financial captive insurance company is subject to a rule made under Section 31A-37-106 that is in effect on or after May 5, 2008.
(3) The commissioner may, by order, exempt a special purpose financial captive insurance company from a provision of Chapter 37, Captive Insurance Companies Act, or a rule made under Section 31A-37-106 if the commissioner determines that the application of the provision or rule is inappropriate on the basis of the special purpose financial captive insurance company’s plan of operation.