Utah Code > Title 11 > Chapter 7 – Fire Protection
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Terms Used In Utah Code > Title 11 > Chapter 7 - Fire Protection
- Accident and health insurance: means insurance to provide protection against economic losses resulting from:(1)(a)(i) a medical condition including:(1)(a)(i)(A) a medical care expense; or(1)(a)(i)(B) the risk of disability;(1)(a)(ii) accident; or(1)(a)(iii) sickness. See Utah Code 31A-1-301
- Adjudicative proceeding: means :
(2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and(2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5- Administrator: means the same as that term is defined in Subsection (187). See Utah Code 31A-1-301
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affiliate: means a person who controls, is controlled by, or is under common control with, another person. See Utah Code 31A-1-301
- Agency: means :
(6)(a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and(6)(b) an insurance organization licensed or required to be licensed under Section31A-23a-301 ,31A-25-207 , or31A-26-209 . See Utah Code 31A-1-301- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- 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- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
- authorized insurer: means an insurer:
(191)(b)(i) holding a valid certificate of authority to do an insurance business in this state; and(191)(b)(ii) transacting business as authorized by a valid certificate. See Utah Code 31A-1-301- Business entity: means a claimant that is a:
(1)(a) C corporation;(1)(b) S corporation;(1)(c) general partnership;(1)(d) limited liability company;(1)(e) limited liability partnership;(1)(f) limited partnership; or(1)(g) business entity similar to Subsections(1)(c) through(f) :(1)(g)(i) with respect to which the business entity's income or losses are divided among and passed through to taxpayers; and(1)(g)(ii) as defined by the commission by rule made in accordance withTitle 63G, Chapter 3, Utah Administrative Rulemaking Act . See Utah Code 59-6-101- Business plan: means the information required to be supplied to the commissioner under Subsections
31A-5-204 (2)(i) and (j), including the information required when these subsections apply by reference under:(19)(a) Section31A-8-205 ; or(19)(b) Subsection31A-9-205 (2). See Utah Code 31A-1-301- 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- Child support: is a s defined in Section 26B-9-301. See Utah Code 26B-9-501
- City: means a municipality that is classified by population as a city of the first class, a city of the second class, a city of the third class, a city of the fourth class, or a city of the fifth class, under Section
10-2-301 . See Utah Code 10-1-104- claimant: means a resident or nonresident person. See Utah Code 59-6-101
- consultant: means a person who:
(99)(a) advises another person about insurance needs and coverages;(99)(b) is compensated by the person advised on a basis not directly related to the insurance placed; and(99)(c) except as provided in Section31A-23a-501 , is not compensated directly or indirectly by an insurer or producer for advice given. See Utah Code 31A-1-301- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Corporation: means :
(1)(a) any domestic corporation organized underTitle 16, Chapter 6a, Utah Revised Nonprofit Corporation Act ;(1)(b) any foreign corporation engaged in business in this state under Sections16-6a-1501 through16-6a-1518 ;(1)(c) any project entity defined in Section11-13-103 ; or(1)(d) a public agency, as defined in Section11-13-103 , to the extent it owns an interest in facilities providing additional project capacity, as defined in Section11-13-103 . See Utah Code 59-8-103- Corporation: means an insurance corporation, except when referring to:
(34)(a)(i) a corporation doing business:(34)(a)(i)(A) as:(34)(a)(i)(A)(I) an insurance producer;(34)(a)(i)(A)(II) a surplus lines producer;(34)(a)(i)(A)(III) a limited line producer;(34)(a)(i)(A)(IV) a consultant;(34)(a)(i)(A)(V) a managing general agent;(34)(a)(i)(A)(VI) a reinsurance intermediary;(34)(a)(i)(A)(VII) a third party administrator; or(34)(a)(i)(A)(VIII) an adjuster; and(34)(a)(i)(B) under:(34)(a)(i)(B)(I) Chapter 23a, Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries;(34)(a)(i)(B)(II) Chapter 25, Third Party Administrators; or(34)(a)(i)(B)(III) Chapter 26, Insurance Adjusters; or(34)(a)(ii) a noninsurer that is part of a holding company system under Chapter 16, Insurance Holding Companies. See Utah Code 31A-1-301- Deadline: means a final date or time:
(44)(a) imposed by:(44)(a)(i) statute;(44)(a)(ii) rule; or(44)(a)(iii) order; and(44)(b) by which a required filing or payment must be received by the department. See Utah Code 31A-1-301- Delinquent on a child support obligation: means that a person:
(2)(a)(2)(a)(i) made no payment for 60 days on a current child support obligation as set forth in an administrative or court order;(2)(a)(ii) after the 60-day period described in Subsection (2)(a)(i), failed to make a good faith effort under the circumstances to make payment on the child support obligation in accordance with the order; and(2)(a)(iii) has not obtained a judicial order staying enforcement of the person's child support obligation, or the amount in arrears; or(2)(b)(2)(b)(i) made no payment for 60 days on an arrearage obligation of child support as set forth in:(2)(b)(i)(A) a payment schedule;(2)(b)(i)(B) a written agreement with the office; or(2)(b)(i)(C) an administrative or judicial order;(2)(b)(ii) after the 60-day period described in Subsection (2)(b)(i), failed to make a good faith effort under the circumstances to make payment on the child support obligation in accordance with the payment schedule, agreement, or order; and(2)(b)(iii) has not obtained a judicial order staying enforcement of the person's child support obligation, or the amount in arrears. See Utah Code 26B-9-501- Department: means the Insurance Department. See Utah Code 31A-1-301
- Disability: means a physiological or psychological condition that partially or totally limits an individual's ability to:
(51)(a) perform the duties of:(51)(a)(i) that individual's occupation; or(51)(a)(ii) an occupation for which the individual is reasonably suited by education, training, or experience; or(51)(b) perform two or more of the following basic activities of daily living:(51)(b)(i) eating;(51)(b)(ii) toileting;(51)(b)(iii) transferring;(51)(b)(iv) bathing; or(51)(b)(v) dressing. See Utah Code 31A-1-301- Driver license: means a license, as defined in Section 53-3-102. See Utah Code 26B-9-501
- Driver License Division: means the Driver License Division of the Department of Public Safety created in Section 53-3-103. See Utah Code 26B-9-501
- Employee: means :
(57)(a) an individual employed by an employer; or(57)(b) an individual who meets the requirements of Subsection (55)(b). See Utah Code 31A-1-301- Engaging in business: means carrying on or causing to be carried on any activity through which goods or services are made or rendered by the taxpayer, except as provided in Section
59-7-102 . See Utah Code 59-8-103- Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
- Estate: means a nonresident estate or a resident estate. See Utah Code 59-6-101
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Foreign insurer: means an insurer domiciled outside of this state, including an alien insurer. 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- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Governing body: means collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104
- Gross receipts: means the totality of the consideration that the taxpayer receives for any good or service produced or rendered in the state without any deduction or expense paid or accrued in respect to it. See Utah Code 59-8-103
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: includes a person who:
(14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or(14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5- Health care: means any of the following intended for use in the diagnosis, treatment, mitigation, or prevention of a human ailment or impairment:
(83)(a) a professional service;(83)(b) a personal service;(83)(c) a facility;(83)(d) equipment;(83)(e) a device;(83)(f) supplies; or(83)(g) medicine. See Utah Code 31A-1-301- Health care sharing ministry: means an entity that:
(86)(a) is a tax-exempt nonprofit entity under the Internal Revenue Code;(86)(b) limits participants to those who are of a similar faith;(86)(c) facilitates the sharing of a participant's qualified expenses, as defined by the entity, among other participants by:(86)(c)(i) matching a participant who has qualified expenses with one or more participants who are able to contribute to paying for the qualified expenses; and(86)(c)(ii) arranging, directly or indirectly, for each contributing participant's contribution to be used to pay for the qualified expenses;(86)(d) requires an individual to make one or more minimum payments or contributions as a condition of one or more of the following:(86)(d)(i) becoming a participant;(86)(d)(ii) remaining a participant; or(86)(d)(iii) receiving a contribution to pay qualified expenses; and(86)(e) in carrying out the functions described in this Subsection (86), makes no assumption of risk or promise to pay any qualified expenses. See Utah Code 31A-1-301- health insurance: means insurance providing:
(84)(a)(i) a health care benefit; or(84)(a)(ii) payment of an incurred health care expense. See Utah Code 31A-1-301- Individual: means a natural person. See Utah Code 31A-1-301
- Individual other than a parent: means an individual who is not a parent and is related to the child by marriage or blood, including:
(1)(a) siblings;(1)(b) aunts;(1)(c) uncles;(1)(d) grandparents; or(1)(e) current or former step-parents, or any of the individuals described in Subsections (1)(a) through (d) in a step relationship to the child. See Utah Code 30-5a-102- 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- 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- 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.
- Land: includes :
(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5- License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
- Minerals: means :
(4)(a) metalliferous minerals as defined in Section59-2-102 ;(4)(b) nonmetalliferous minerals as defined in Section59-2-102 ; or(4)(c) a combination of Subsections(4)(a) and(b) . See Utah Code 59-6-101- Municipal: means of or relating to a municipality. See Utah Code 10-1-104
- Municipality: means :
(5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;(5)(b) a town, as classified in Section10-2-301 ; or(5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104- Mutual: means a mutual insurance corporation. See Utah Code 31A-1-301
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Ocean marine insurance: means insurance against loss of or damage to:
(138)(a) ships or hulls of ships;(138)(b) goods, freight, cargoes, merchandise, effects, disbursements, profits, money, securities, choses in action, evidences of debt, valuable papers, bottomry, respondentia interests, or other cargoes in or awaiting transit over the oceans or inland waterways;(138)(c) earnings such as freight, passage money, commissions, or profits derived from transporting goods or people upon or across the oceans or inland waterways; or(138)(d) a vessel owner or operator as a result of liability to employees, passengers, bailors, owners of other vessels, owners of fixed objects, customs or other authorities, or other persons in connection with maritime activity. See Utah Code 31A-1-301- Office: means the Office of Recovery Services. See Utah Code 26B-9-501
- Order: means an order of the commissioner. See Utah Code 31A-1-301
- Parent: means a biological or adoptive parent. See Utah Code 30-5a-102
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- 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
- Premium: includes , however designated:
(156)(b)(i) an assessment;(156)(b)(ii) a membership fee;(156)(b)(iii) a required contribution; or(156)(b)(iv) monetary consideration. See Utah Code 31A-1-301- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Producer: means a person that:
(5)(a) produces or extracts minerals from deposits in this state; or(5)(b) is the first purchaser of minerals produced or extracted from deposits in this state. See Utah Code 59-6-101- 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
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- 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
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
- Security: means a:
(176)(a)(i) note;(176)(a)(ii) stock;(176)(a)(iii) bond;(176)(a)(iv) debenture;(176)(a)(v) evidence of indebtedness;(176)(a)(vi) certificate of interest or participation in a profit-sharing agreement;(176)(a)(vii) collateral-trust certificate;(176)(a)(viii) preorganization certificate or subscription;(176)(a)(ix) transferable share;(176)(a)(x) investment contract;(176)(a)(xi) voting trust certificate;(176)(a)(xii) certificate of deposit for a security;(176)(a)(xiii) certificate of interest of participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease;(176)(a)(xiv) commodity contract or commodity option;(176)(a)(xv) certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase any of the items listed in Subsections (176)(a)(i) through (xiv); or(176)(a)(xvi) another interest or instrument commonly known as a security. See Utah Code 31A-1-301- Self-insurance: includes :
(178)(b)(i) an arrangement under which a governmental entity undertakes to indemnify an employee for liability arising out of the employee's employment; and(178)(b)(ii) an arrangement under which a person with a managed program of self-insurance and risk management undertakes to indemnify the person's affiliate, subsidiary, director, officer, or employee for liability or risk that arises out of the person's relationship with the affiliate, subsidiary, director, officer, or employee. See Utah Code 31A-1-301- Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
- 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
- Statute: A law passed by a legislature.
- tax credit: means a tax credit that a claimant, estate, or trust may claim:
(6)(a) as provided by statute; and(6)(b) regardless of whether the claimant, estate, or trust has a tax liability:(6)(b)(i) for a tax imposed under:(6)(b)(i)(A)Chapter 7, Corporate Franchise and Income Taxes ;(6)(b)(i)(B)Chapter 8, Gross Receipts Tax on Certain Corporations Not Required to Pay Corporate Franchise or Income Tax Act ; or(6)(b)(i)(C)Chapter 10, Individual Income Tax Act ; and(6)(b)(ii) for the taxable year for which the claimant, estate, or trust claims the tax credit. See Utah Code 59-6-101- Tax return: means a return required by:
(8)(a)Chapter 7, Corporate Franchise and Income Taxes ;(8)(b)Chapter 8, Gross Receipts Tax on Certain Corporations Not Required to Pay Corporate Franchise or Income Tax Act ; or(8)(c)Chapter 10, Individual Income Tax Act . See Utah Code 59-6-101- Taxable year: means the taxable year of a claimant, estate, or trust under:
(7)(a)Chapter 7, Corporate Franchise and Income Taxes ;(7)(b)Chapter 8, Gross Receipts Tax on Certain Corporations Not Required to Pay Corporate Franchise or Income Tax Act ; or(7)(c)Chapter 10, Individual Income Tax Act . See Utah Code 59-6-101- Taxpayer: means any corporation, other than an eleemosynary, religious, or charitable institution, any insurance company, credit union, or Subchapter S organization, any nonprofit hospital, educational, welfare, or employee representation organization, or any mutual benefit association engaged in business in the state that is not otherwise required to pay income or franchise tax to the state under
Title 59, Chapter 7, Corporate Franchise and Income Taxes . See Utah Code 59-8-103- Trust: means a nonresident trust or a resident trust. See Utah Code 59-6-101
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- Withholding return: means a return a producer is required to file under this chapter. See Utah Code 59-6-101
- 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 - Adjudicative proceeding: means :