Terms Used In Utah Code > Title 16 > Chapter 16 - Uniform Limited Cooperative Association Act

• Abuse: means the same as that term is defined in Section 80-1-102. See Utah Code 30-3-10.1
• 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
• Actuary: is a s defined by the commissioner by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. 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
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Adult: means an individual who is 18 years old or older. See Utah Code 31A-1-301
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• 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 that, directly or indirectly, through one or more intermediaries, controls or is controlled by, or is under common control with a person specified. See Utah Code 61-1-13
• 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 Section 31A-23a-301, 31A-25-207, or 31A-26-209. See Utah Code 31A-1-301
• Agent: means an individual other than a broker-dealer who represents a broker-dealer or issuer in effecting or attempting to effect purchases or sales of securities. See Utah Code 61-1-13
• Agreement: means the same as that term is defined in Section 59-12-102. See Utah Code 59-28-102
• Alien insurer: means an insurer domiciled outside the United States. See Utah Code 31A-1-301
• Allegation: something that someone says happened.
• Alternate feed material: means a natural or native material:
            (1)(a)(i) mined for the extraction of its constituents or other matter from which source material may be extracted in a licensed uranium or thorium mill; and
            (1)(a)(ii) may be reprocessed for its source material content. See Utah Code 59-24-102
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Amendment: means an endorsement to an insurance policy or certificate. See Utah Code 31A-1-301
• Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. ^{Source: FDIC}
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Annuity: means an agreement to make periodical payments for a period certain or over the lifetime of one or more individuals if the making or continuance of all or some of the series of the payments, or the amount of the payment, is dependent upon the continuance of human life. See Utah Code 31A-1-301
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
• Arrest: Taking physical custody of a person by lawful authority.
• articles of incorporation: means :
       (11)(a) the original articles;
       (11)(b) a special law;
       (11)(c) a charter;
       (11)(d) an amendment;
       (11)(e) restated articles;
       (11)(f) articles of merger or consolidation;
       (11)(g) a trust instrument;
       (11)(h) another constitutive document for a trust or other entity that is not a corporation; and
       (11)(i) an amendment to an item listed in Subsections (11)(a) through (h). 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.
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Authority: means the State Fair Park Authority, created in Section 11-68-201. See Utah Code 11-68-101
• 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
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Bail bond insurance: means a guarantee that a person will attend court when required, up to and including surrender of the person in execution of a sentence imposed under Subsection 77-20-501(1), as a condition to the release of that person from confinement. See Utah Code 31A-1-301
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Base taxable value: means the taxable value of land within the fairpark district boundary as of January 1, 2024, as determined under Subsection 11-70-206(9). See Utah Code 11-70-101
• beer: means :
       (1)(a) beer as defined in Section 32B-1-102; or
       (1)(b) heavy beer as defined in Section 32B-1-102. See Utah Code 59-15-101
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Bequest: Property gifted by will.
• Binder: means the same as that term is defined in Section 31A-21-102. See Utah Code 31A-1-301
• Board: means the authority board, created in Section 11-68-301. See Utah Code 11-68-101
• Board: means the fairpark district's governing body, created in Section 11-70-301. See Utah Code 11-70-101
• board of directors: means the group of persons with responsibility over, or management of, a corporation, however designated. See Utah Code 31A-1-301
• Bona fide office: means a physical office in this state:
       (16)(a) that is open to the public;
       (16)(b) that is staffed during regular business hours on regular business days; and
       (16)(c) at which the public may appear in person to obtain services. See Utah Code 31A-1-301
• Brine shrimp eggs: means dormant, early stage brine shrimp embryos encapsulated as cysts that are harvested from within the state. See Utah Code 59-23-3
• Broker-dealer: means a person engaged in the business of effecting transactions in securities for the account of others or for the person's own account. See Utah Code 61-1-13
• Business entity: means :
       (17)(a) a corporation;
       (17)(b) an association;
       (17)(c) a partnership;
       (17)(d) a limited liability company;
       (17)(e) a limited liability partnership; or
       (17)(f) another legal entity. See Utah Code 31A-1-301
• business of insurance: includes :
       (98)(a) providing health care insurance by an organization that is or is required to be licensed under this title;
       (98)(b) providing a benefit to an employee in the event of a contingency not within the control of the employee, in which the employee is entitled to the benefit as a right, which benefit may be provided either:

            (98)(b)(i) by a single employer or by multiple employer groups; or

            (98)(b)(ii) through one or more trusts, associations, or other entities;
       (98)(c) providing an annuity:

            (98)(c)(i) including an annuity issued in return for a gift; and

            (98)(c)(ii) except an annuity provided by a person specified in Subsections 31A-22-1305(2) and (3);
       (98)(d) providing the characteristic services of a motor club;
       (98)(e) providing another person with insurance;
       (98)(f) making as insurer, guarantor, or surety, or proposing to make as insurer, guarantor, or surety, a contract or policy offering title insurance;
       (98)(g) transacting or proposing to transact any phase of title insurance, including:

            (98)(g)(i) solicitation;

            (98)(g)(ii) negotiation preliminary to execution;

            (98)(g)(iii) execution of a contract of title insurance;

            (98)(g)(iv) insuring; and

            (98)(g)(v) transacting matters subsequent to the execution of the contract and arising out of the contract, including reinsurance;
       (98)(h) transacting or proposing a life settlement; and
       (98)(i) doing, or proposing to do, any business in substance equivalent to Subsections (98)(a) through (h) in a manner designed to evade this title. See Utah Code 31A-1-301
• 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) Section 31A-8-205; or
       (19)(b) Subsection 31A-9-205(2). See Utah Code 31A-1-301
• Byproduct material: is a s defined in Utah Code 59-24-102
• 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
• Casualty insurance: means liability insurance. 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
• Certified service provider: means the same as that term is defined in Section 59-12-102. See Utah Code 59-28-102
• Charitable organization: means an organization described in Section 501(c)(3) and exempt from tax under Section 501(a). See Utah Code 59-18-102
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
• Claims-made coverage: means an insurance contract or provision limiting coverage under a policy insuring against legal liability to claims that are first made against the insured while the policy is in force. See Utah Code 31A-1-301
• Commission: means the Securities Commission created in Section Utah Code 61-1-13
• Commission: means the Title and Escrow Commission created in Section 31A-2-403. See Utah Code 31A-2-402
• commissioner: means the insurance commissioner of Utah or the commissioner, director, or superintendent of insurance in another state. See Utah Code 31A-15-202
• commissioner of insurance: means Utah's insurance commissioner. See Utah Code 31A-1-301
• Commodity: means , except as otherwise specified by the division by rule:
            (1)(f)(i) an agricultural, grain, or livestock product or byproduct, except real property or a timber, agricultural, or livestock product grown or raised on real property and offered or sold by the owner or lessee of the real property;
            (1)(f)(ii) a metal or mineral, including a precious metal, except a numismatic coin whose fair market value is at least 15% greater than the value of the metal it contains;
            (1)(f)(iii) a gem or gemstone, whether characterized as precious, semi-precious, or otherwise;
            (1)(f)(iv) a fuel, whether liquid, gaseous, or otherwise;
            (1)(f)(v) a foreign currency; and
            (1)(f)(vi) all other goods, articles, products, or items of any kind, except a work of art offered or sold by art dealers, at public auction or offered or sold through a private sale by the owner of the work. See Utah Code 61-1-13
• Commodity contract: means an account, agreement, or contract for the purchase or sale, primarily for speculation or investment purposes and not for use or consumption by the offeree or purchaser, of one or more commodities, whether for immediate or subsequent delivery or whether delivery is intended by the parties, and whether characterized as a cash contract, deferred shipment or deferred delivery contract, forward contract, futures contract, installment or margin contract, leverage contract, or otherwise. See Utah Code 61-1-13
• Commodity option: means an account, agreement, or contract giving a party to the option the right but not the obligation to purchase or sell one or more commodities or one or more commodity contracts, or both whether characterized as an option, privilege, indemnity, bid, offer, put, call, advance guaranty, decline guaranty, or otherwise. See Utah Code 61-1-13
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Completed operations liability: includes liability for an activity that is completed or abandoned before the date of the occurrence giving rise to the liability. See Utah Code 31A-15-202
• Concurrence: means the entities given a concurring role must jointly agree for the action to be taken. See Utah Code 31A-2-402
• 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 Section 31A-23a-501, is not compensated directly or indirectly by an insurer or producer for advice given. See Utah Code 31A-1-301
• Continuance: Putting off of a hearing ot trial until a later time.
• Continuing care insurance: means insurance that:
            (28)(a)(i) provides board and lodging;
            (28)(a)(ii) provides one or more of the following:

                 (28)(a)(ii)(A) a personal service;

                 (28)(a)(ii)(B) a nursing service;

                 (28)(a)(ii)(C) a medical service; or

                 (28)(a)(ii)(D) any other health-related service; and
            (28)(a)(iii) provides the coverage described in this Subsection (28)(a) under an agreement effective:

                 (28)(a)(iii)(A) for the life of the insured; or

                 (28)(a)(iii)(B) for a period in excess of one year. See Utah Code 31A-1-301
• Contract: A legal written agreement that becomes binding when signed.
• contract holder: means a person who purchases a service contract. See Utah Code 31A-6a-101
• control share acquisition: means :
            (1)(a)(i) the acquisition, directly or indirectly, by any person of ownership of issued and outstanding control shares; or
            (1)(a)(ii) the acquisition of power to direct the exercise of voting power with respect to issued and outstanding control shares, including the acquisition of voting power pursuant to a revocable proxy except as provided in Subsection (1)(b). See Utah Code 61-6-3
• control shares: means shares that except for this chapter would have voting power with respect to shares of an issuing public corporation that, when added to all other shares of the issuing public corporation owned by a person or in respect to which that person may exercise or direct the exercise of voting power, would entitle that person, immediately after acquisition of the shares (directly or indirectly, alone or as a part of a group), to exercise or direct the exercise of the voting power, including voting power pursuant to a revocable proxy, of the issuing public corporation in the election of directors within any of the following ranges of voting power:
       (1)(a) 1/5 or more but less than 1/3 of all voting power;
       (1)(b) 1/3 or more but less than a majority of all voting power; or
       (1)(c) a majority or more of all voting power. See Utah Code 61-6-2
• Controlled insurer: means a licensed insurer that is either directly or indirectly controlled by a producer. See Utah Code 31A-1-301
• Controlling person: means a person that directly or indirectly has the power to direct or cause to be directed, the management, control, or activities of a reinsurance intermediary. See Utah Code 31A-1-301
• Controlling producer: means a producer who directly or indirectly controls an insurer. See Utah Code 31A-1-301
• Conviction: A judgement of guilt against a criminal defendant.
• Corporate governance annual disclosure: means a report an insurer or insurance group files in accordance with the requirements of Chapter 16b, Corporate Governance Annual Disclosure Act. See Utah Code 31A-1-301
• 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 under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act;
       (1)(b) any foreign corporation engaged in business in this state under Sections 16-6a-1501 through 16-6a-1518;
       (1)(c) any project entity defined in Section 11-13-103; or
       (1)(d) a public agency, as defined in Section 11-13-103, to the extent it owns an interest in facilities providing additional project capacity, as defined in Section 11-13-103. 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
• County legislative body: means :
       (8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
       (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
       (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
• Credit accident and health insurance: means insurance on a debtor to provide indemnity for payments coming due on a specific loan or other credit transaction while the debtor has a disability. See Utah Code 31A-1-301
• Credit insurance: includes :
            (37)(b)(i) credit accident and health insurance;
            (37)(b)(ii) credit life insurance;
            (37)(b)(iii) credit property insurance;
            (37)(b)(iv) credit unemployment insurance;
            (37)(b)(v) guaranteed automobile protection insurance;
            (37)(b)(vi) involuntary unemployment insurance;
            (37)(b)(vii) mortgage accident and health insurance;
            (37)(b)(viii) mortgage guaranty insurance; and
            (37)(b)(ix) mortgage life insurance. See Utah Code 31A-1-301
• Credit life insurance: means insurance on the life of a debtor in connection with an extension of credit that pays a person if the debtor dies. See Utah Code 31A-1-301
• Credit property insurance: means insurance:
       (40)(a) offered in connection with an extension of credit; and
       (40)(b) that protects the property until the debt is paid. See Utah Code 31A-1-301
• Credit unemployment insurance: means insurance:
       (41)(a) offered in connection with an extension of credit; and
       (41)(b) that provides indemnity if the debtor is unemployed for payments coming due on a:

            (41)(b)(i) specific loan; or

            (41)(b)(ii) credit transaction. See Utah Code 31A-1-301
• Creditable coverage: includes coverage that is offered through a public health plan such as:
            (35)(b)(i) the Primary Care Network Program under a Medicaid primary care network demonstration waiver obtained subject to Section 26B-3-108;
            (35)(b)(ii) the Children's Health Insurance Program under Section 26B-3-904; or
            (35)(b)(iii) the Ryan White Program Comprehensive AIDS Resources Emergency Act, Pub. See Utah Code 31A-1-301
• Creditor: means a person, including an insured, having a claim, whether:
       (39)(a) matured;
       (39)(b) unmatured;
       (39)(c) liquidated;
       (39)(d) unliquidated;
       (39)(e) secured;
       (39)(f) unsecured;
       (39)(g) absolute;
       (39)(h) fixed; or
       (39)(i) contingent. See Utah Code 31A-1-301
• Crop insurance: includes multiperil crop insurance. See Utah Code 31A-1-301
• Custodial responsibility: includes all powers and duties relating to caretaking authority and decision-making authority for a child. See Utah Code 30-3-10.1
• Custodian institution: means a financial institution in this state as defined under Section 7-1-103 that:
            (1)(a)(i) has authority under Title 7, Chapter 5, Trust Business, to engage in a trust business; and
            (1)(a)(ii) is approved by the commissioner to have custody of deposited securities, whether physically, through the Federal Reserve book-entry system, or through a clearing corporation as defined under Subsection 70A-8-101(1). See Utah Code 31A-2-206
• Customer service representative: means a person that provides an insurance service and insurance product information:
            (43)(a)(i) for the customer service representative's:

                 (43)(a)(i)(A) producer;

                 (43)(a)(i)(B) surplus lines producer; or

                 (43)(a)(i)(C) consultant employer; and
            (43)(a)(ii) to the customer service representative's employer's:

                 (43)(a)(ii)(A) customer;

                 (43)(a)(ii)(B) client; or

                 (43)(a)(ii)(C) organization. See Utah Code 31A-1-301
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• 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
• Decedent: A deceased person.
• Decedent: means a deceased natural person. See Utah Code 59-11-102
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Deemer clause: means a provision under this title under which upon the occurrence of a condition precedent, the commissioner is considered to have taken a specific action. See Utah Code 31A-1-301
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Deficiency: is a s defined in Section 59-1-1402. See Utah Code 59-1-101
• Degree of relationship: means the number of steps between two persons determined by counting the generations separating one person from a common ancestor and then counting the generations to the other person. See Utah Code 31A-1-301
• Department: means the Insurance Department. See Utah Code 31A-1-301
• Dependent: A person dependent for support upon another.
• Depository institution: means the same as that term is defined in Section 7-1-103. See Utah Code 61-1-13
• depository institution: means a depository institution or a depository institution holding company as defined in Section 7-1-103. See Utah Code 61-6-5
• Designated parcel: means a parcel of land specified in a designation resolution. See Utah Code 11-70-101
• Designation resolution: means a resolution adopted by the board that designates a transition date for the parcel specified in the resolution. See Utah Code 11-70-101
• Development: means :
       (5)(a) the demolition, construction, reconstruction, modification, expansion, or improvement of a building, utility, infrastructure, landscape, parking lot, park, trail, recreational amenity, or other facility, including public infrastructure and improvements; and
       (5)(b) the planning of, arranging for, or participation in any of the activities listed in Subsection (5)(a). See Utah Code 11-70-101
• Development project: means a project for the development of land within a project area. See Utah Code 11-70-101
• Devise: To gift property by will.
• Direct response insurance policy: means an insurance policy solicited and sold without the policyholder having direct contact with a natural person intermediary. See Utah Code 31A-1-301
• Direct response solicitation: means an offer for life or accident and health insurance coverage that allows the individual to apply for or enroll in the insurance coverage on the basis of the offer. See Utah Code 31A-1-301
• Director: means the director of the division appointed in accordance with Section 61-1-18. See Utah Code 61-1-13
• Director: means a member of the board of directors of a corporation. 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
• Disability income insurance: means the same as that term is defined in Subsection (89). See Utah Code 31A-1-301
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• District sales tax area: means an area described in and established as provided in Subsection 11-70-206(10). See Utah Code 11-70-101
• Division: means the Division of Securities established by Section 61-1-18. See Utah Code 61-1-13
• Docket: A log containing brief entries of court proceedings.
• Domestic insurer: means an insurer organized under the laws of this state. See Utah Code 31A-1-301
• Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 30-3-10.1
• Domiciliary state: means the state in which an insurer:
       (54)(a) is incorporated;
       (54)(b) is organized; or
       (54)(c) in the case of an alien insurer, enters into the United States. See Utah Code 31A-1-301
• Donor: The person who makes a gift.
• Dual licensed title licensee: means a title licensee who holds:
       (3)(a) an individual title insurance producer license as a title licensee; and
       (3)(b) a license or certificate under:

            (3)(b)(i) Title 61, Chapter 2c, Utah Residential Mortgage Practices and Licensing Act;

            (3)(b)(ii) Title 61, Chapter 2f, Real Estate Licensing and Practices Act; or

            (3)(b)(iii) Title 61, Chapter 2g, Real Estate Appraiser Licensing and Certification Act. See Utah Code 31A-2-402
• Eligible employee: includes :
            (55)(b)(i) an owner, sole proprietor, or partner who:

                 (55)(b)(i)(A) works on a full-time basis;

                 (55)(b)(i)(B) has a normal work week of 30 or more hours; and

                 (55)(b)(i)(C) employs at least one common employee; and
            (55)(b)(ii) an independent contractor if the individual is included under a health benefit plan of a small employer. See Utah Code 31A-1-301
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Emergency medical condition: means a medical condition that:
       (56)(a) manifests itself by acute symptoms, including severe pain; and
       (56)(b) would cause a prudent layperson possessing an average knowledge of medicine and health to reasonably expect the absence of immediate medical attention through a hospital emergency department to result in:

            (56)(b)(i) placing the layperson's health or the layperson's unborn child's health in serious jeopardy;

            (56)(b)(ii) serious impairment to bodily functions; or

            (56)(b)(iii) serious dysfunction of any bodily organ or part. See Utah Code 31A-1-301
• 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
• Employee benefits: means one or more benefits or services provided to:
       (58)(a) an employee; or
       (58)(b) a dependent of an employee. See Utah Code 31A-1-301
• Employee welfare fund: includes a plan funded or subsidized by a user fee or tax revenues. See Utah Code 31A-1-301
• Endorsement: means a written agreement attached to a policy or certificate to modify the policy or certificate coverage. 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
• Enrollee: includes an insured. See Utah Code 31A-1-301
• Enterprise risk: means an activity, circumstance, event, or series of events involving one or more affiliates of an insurer that, if not remedied promptly, is likely to have a material adverse effect upon the financial condition or liquidity of the insurer or its insurance holding company system as a whole, including anything that would cause:
       (63)(a) the insurer's risk-based capital to fall into an action or control level as set forth in Sections 31A-17-601 through 31A-17-613; or
       (63)(b) the insurer to be in hazardous financial condition set forth in Section 31A-27a-101. See Utah Code 31A-1-301
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Escrow: means :
            (64)(a)(i) a transaction that effects the sale, transfer, encumbering, or leasing of real property, when a person not a party to the transaction, and neither having nor acquiring an interest in the title, performs, in accordance with the written instructions or terms of the written agreement between the parties to the transaction, any of the following actions:

                 (64)(a)(i)(A) the explanation, holding, or creation of a document; or

                 (64)(a)(i)(B) the receipt, deposit, and disbursement of money; or
            (64)(a)(ii) a settlement or closing involving:

                 (64)(a)(ii)(A) a mobile home;

                 (64)(a)(ii)(B) a grazing right;

                 (64)(a)(ii)(C) a water right; or

                 (64)(a)(ii)(D) other personal property authorized by the commissioner. See Utah Code 31A-1-301
• Escrow agent: means an agency title insurance producer meeting the requirements of Sections 31A-4-107, 31A-14-211, and 31A-23a-204, who is acting through an individual title insurance producer licensed with an escrow subline of authority. See Utah Code 31A-1-301
• 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.
• Excess surplus: means :
            (186)(c)(i) for a life insurer, accident and health insurer, health organization, or property and casualty insurer as defined in Section 31A-17-601, the lesser of:

                 (186)(c)(i)(A) that amount of an insurer's or health organization's total adjusted capital that exceeds the product of:

                      (186)(c)(i)(A)(I) 2. 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
• Executive director: means the executive director of the Department of Commerce. See Utah Code 61-1-13
• Executive director: means the executive director hired by the board under Section 11-68-302. See Utah Code 11-68-101
• Executor: A male person named in a will to carry out the decedent
• Executor: includes "administrator" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Facilities division: means the Division of Facilities Construction and Management, created in Section 63A-5b-301. See Utah Code 11-70-101
• facility: means :
       (8)(a) a facility licensed under Section 19-3-105; or
       (8)(b) a uranium mill licensed under Utah Code 59-24-102
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fair park authority: means the State Fair Park Authority created in Section 11-68-201. See Utah Code 11-70-101
• Fair park land: means the same as that term is defined in Section 11-68-101. See Utah Code 11-70-101
• Fairpark district: means the Utah Fairpark Area Investment and Restoration District, created in Section 11-70-201. See Utah Code 11-70-101
• Fairpark district boundary: means a line or set of lines that:
       (12)(a) defines the geographic boundary of the fairpark district, consisting of the interior space within each polygon described by the line or set of lines; and
       (12)(b) is delineated in the electronic shapefile that is the electronic component of H. See Utah Code 11-70-101
• Fairpark district funds: means money the fairpark district receives from any source, including money the fairpark district receives under:
       (13)(a) Sections 10-1-304 and 11-70-205;
       (13)(b) Section 10-1-403;
       (13)(c) Section 11-70-203;
       (13)(d) Section 11-70-204;
       (13)(e) Sections 59-12-352 and 59-12-354;
       (13)(f) Section 59-12-401;
       (13)(g) Section 59-12-402; and
       (13)(h) Section 59-12-1201. See Utah Code 11-70-101
• Father: means a parent who is of the male sex. See Utah Code 68-3-12.5
• feasibility study: means an analysis that presents the expected activities and results of a risk retention group, including at a minimum:
       (8)(a) information sufficient to verify that its members are engaged in businesses or activities similar or related with respect to the liability to which the members are exposed by virtue of any related, similar or common business, trade, product, services, premises or operations;
       (8)(b) for each state in which it intends to operate, the coverages, deductibles, coverage limits, rates, and rating classification systems for each line of insurance the group intends to offer;
       (8)(c) historical and expected loss experience of the proposed members and national experience of similar exposures to the extent that this experience is reasonably available;
       (8)(d) pro forma financial statements and projections;
       (8)(e) appropriate opinions by a qualified, independent casualty actuary, including a determination of minimum premium or participation levels required to commence operations and to prevent a hazardous financial condition;
       (8)(f) identification of management, underwriting and claims procedures, marketing methods, managerial oversight methods, investment policies, and reinsurance agreements;
       (8)(g) identification of each state in which the risk retention group has obtained, or sought to obtain, a charter and license, and a description of its status in each such state; and
       (8)(h) any other matters required by the commissioner of the state in which the risk retention group is chartered for liability insurance companies authorized by the insurance laws of that state. See Utah Code 31A-15-202
• Federal covered adviser: means a person who:
            (1)(m)(i) is registered under Section 203 of the Investment Advisers Act of 1940; or
            (1)(m)(ii) is excluded from the definition of "investment adviser" under Section 202(a)(11) of the Investment Advisers Act of 1940. See Utah Code 61-1-13
• Federal covered security: means a security that is a covered security under Section 18(b) of the Securities Act of 1933 or rules or regulations promulgated under Section 18(b) of the Securities Act of 1933. See Utah Code 61-1-13
• Federal credit: means the maximum amount of the credit for state death taxes allowed by Section 2011 in respect to a decedent's taxable estate. See Utah Code 59-11-102
• Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. ^{Source: OCC}
• Federal Reserve book-entry system: means the computerized system sponsored by the United States Department of the Treasury and certain other agencies and instrumentalities of the United States for holding and transferring securities of the United States government and other agencies and instrumentalities. See Utah Code 31A-2-206
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• federally tax qualified long-term care insurance contract: means :
       (161)(a) an individual or group insurance contract that meets the requirements of Section 7702B(b), Internal Revenue Code; or
       (161)(b) the portion of a life insurance contract that provides long-term care insurance:

            (161)(b)(i)

                 (161)(b)(i)(A) by rider; or

                 (161)(b)(i)(B) as a part of the contract; and

            (161)(b)(ii) that satisfies the requirements of Sections 7702B(b) and (e), Internal Revenue Code. See Utah Code 31A-1-301
• Fee: means any periodic charge for use of a discount program. See Utah Code 31A-8a-102
• Female: means the characteristic of an individual whose biological reproductive system is of the general type that functions in a way that could produce ova. See Utah Code 68-3-12.5
• Fidelity insurance: means insurance guaranteeing the fidelity of a person holding a position of public or private trust. See Utah Code 31A-1-301
• Fiduciary: A trustee, executor, or administrator.
• Filed: means that a filing is:
            (69)(a)(i) submitted to the department as required by and in accordance with applicable statute, rule, or filing order;
            (69)(a)(ii) received by the department within the time period provided in applicable statute, rule, or filing order; and
            (69)(a)(iii) accompanied by the appropriate fee in accordance with:

                 (69)(a)(iii)(A) Section 31A-3-103; or

                 (69)(a)(iii)(B) rule. 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
• First party insurance: means an insurance policy or contract in which the insurer agrees to pay a claim submitted to it by the insured for the insured's losses. See Utah Code 31A-1-301
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fixed indemnity insurance: includes hospital confinement indemnity insurance. See Utah Code 31A-1-301
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• 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
• Franchise agreement: means a legally binding and valid agreement under which:
       (15)(a) a franchise is confirmed for a major league sports team that before January 1, 2024 had not been located in the state; and
       (15)(b) the major league sports team agrees to play home games in a stadium to be constructed within the fairpark district boundary. See Utah Code 11-70-101
• Franchise agreement date: means the date that a franchise agreement is fully executed and in effect. See Utah Code 11-70-101
• Franchise fee: is a s defined in Utah Code 59-26-102
• Franchise insurance: means an individual insurance policy provided through a mass marketing arrangement involving a defined class of persons related in some way other than through the purchase of insurance. See Utah Code 31A-1-301
• Fraud: Intentional deception resulting in injury to another.
• 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
• General lines of insurance: include :
       (77)(a) accident and health;
       (77)(b) casualty;
       (77)(c) life;
       (77)(d) personal lines;
       (77)(e) property; and
       (77)(f) variable contracts, including variable life and annuity. See Utah Code 31A-1-301
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• 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
• Gross receipts: means all consideration an owner or operator of a radioactive waste facility receives for the disposal of radioactive waste in the state, without any deduction or expense paid or accrued related to the disposal of the radioactive waste. See Utah Code 59-24-102
• Group health plan: means an employee welfare benefit plan to the extent that the plan provides medical care:
       (78)(a)

            (78)(a)(i) to an employee; or

            (78)(a)(ii) to a dependent of an employee; and
       (78)(b)

            (78)(b)(i) directly;

            (78)(b)(ii) through insurance reimbursement; or

            (78)(b)(iii) through another method. See Utah Code 31A-1-301
• Group insurance policy: means a policy covering a group of persons that is issued:
            (79)(a)(i) to a policyholder on behalf of the group; and
            (79)(a)(ii) for the benefit of a member of the group who is selected under a procedure defined in:

                 (79)(a)(ii)(A) the policy; or

                 (79)(a)(ii)(B) an agreement that is collateral to the policy. See Utah Code 31A-1-301
• Group-wide supervisor: means the commissioner or other regulatory official designated as the group-wide supervisor for an internationally active insurance group under Section Utah Code 31A-1-301
• Guaranteed: means guaranteed as to payment of principal or interest as to debt securities, or dividends as to equity securities. See Utah Code 61-1-13
• Guaranteed automobile protection insurance: means insurance offered in connection with an extension of credit that pays the difference in amount between the insurance settlement and the balance of the loan if the insured automobile is a total loss. See Utah Code 31A-1-301
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• 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
• Hazardous financial condition: means that a risk retention group, based on its present or reasonably anticipated financial condition, although not yet financially impaired or insolvent, is unlikely to be able:
       (4)(a) to meet obligations to policyholders with respect to known claims and reasonably anticipated claims; or
       (4)(b) to pay other obligations in the normal course of business. See Utah Code 31A-15-202
• Health benefit plan: means a policy, contract, certificate, or agreement offered or issued by an insurer to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care, including major medical expense coverage. See Utah Code 31A-1-301
• 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 provider: means the same as that term is defined in Section 78B-3-403. See Utah Code 31A-1-301
• Health care provider: means a health care provider as defined in Section 78B-3-403, with the exception of "licensed athletic trainer" who:
       (2)(a) is practicing within the scope of the provider's license; and
       (2)(b) has agreed either directly or indirectly, by contract or any other arrangement with a health discount program operator, to provide a discount to enrollees of a health discount program. See Utah Code 31A-8a-102
• 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 discount program: means a business arrangement or contract in which a person pays fees, dues, charges, or other consideration in exchange for a program that provides access to health care providers who agree to provide a discount for health care services. See Utah Code 31A-8a-102
• Health discount program marketer: means a person, including a private label entity, that markets, promotes, sells, or distributes a health discount program but does not operate a health discount program. See Utah Code 31A-8a-102
• Health discount program operator: means a person that provides a health discount program by entering into a contract or agreement, directly or indirectly, with a person or persons in this state who agree to provide discounts for health care services to enrollees of the health discount program and determines the charge to members. See Utah Code 31A-8a-102
• 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
• Health insurance exchange: means an exchange as defined in Utah Code 31A-1-301
• Health Insurance Portability and Accountability Act: means the Health Insurance Portability and Accountability Act of 1996, Pub. See Utah Code 31A-1-301
• Home warranty service contract: means a service contract that requires a person to repair or replace a component, system, or appliance of a home or make indemnification to the contract holder for the repair or replacement of a component, system, or appliance of the home:
       (1)(a) upon mechanical or operational failure of the component, system, or appliance;
       (1)(b) for a predetermined fee; and
       (1)(c) if:

            (1)(c)(i) the person is not the builder, seller, or lessor of the home that is the subject of the contract; and

            (1)(c)(ii) the failure described in Subsection (1)(a) occurs within a specified period of time. See Utah Code 31A-6a-101
• Host municipality: means the municipality whose boundary includes the land within the fairpark district boundary. See Utah Code 11-70-101
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Indemnity: means the payment of an amount to offset all or part of an insured loss. See Utah Code 31A-1-301
• Independent adjuster: means an insurance adjuster required to be licensed under Section 31A-26-201 who engages in insurance adjusting as a representative of an insurer. See Utah Code 31A-1-301
• Independently procured insurance: means insurance procured under Section 31A-15-104. See Utah Code 31A-1-301
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• 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
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inland marine insurance: includes insurance covering:
       (94)(a) property in transit on or over land;
       (94)(b) property in transit over water by means other than boat or ship;
       (94)(c) bailee liability;
       (94)(d) fixed transportation property such as bridges, electric transmission systems, radio and television transmission towers and tunnels; and
       (94)(e) personal and commercial property floaters. See Utah Code 31A-1-301
• insolvent: means that:
       (95)(a) an insurer is unable to pay the insurer's obligations as the obligations are due;
       (95)(b) an insurer's total adjusted capital is less than the insurer's mandatory control level RBC under Subsection 31A-17-601(8)(c); or
       (95)(c) an insurer's admitted assets are less than the insurer's liabilities. 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: means primary insurance, excess insurance, reinsurance, surplus lines insurance, and any other arrangement for shifting and distributing risk which is determined to be insurance under the laws of this state. See Utah Code 31A-15-202
• Insurance adjuster: means a person who directs or conducts the investigation, negotiation, or settlement of a claim under an insurance policy other than life insurance or an annuity, on behalf of an insurer, policyholder, or a claimant under an insurance policy. 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
• Insurance group: means the persons that comprise an insurance holding company system. See Utah Code 31A-1-301
• Insurance holding company system: means a group of two or more affiliated persons, at least one of whom is an insurer. 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
• Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• interested shares: means the shares of an issuing public corporation in respect of which any of the following persons may exercise or direct the exercise of the voting power of the corporation, on or after the applicable record date, in the election of directors:
       (1)(a) an acquiring person or member of a group with respect to a control share acquisition;
       (1)(b) any officer of the issuing public corporation; or
       (1)(c) any employee of the issuing public corporation who is also a director of the corporation. See Utah Code 61-6-4
• Interinsurance exchange: means the same as that term is defined in Subsection (168). See Utah Code 31A-1-301
• Internationally active insurance group: means an insurance holding company system:
       (106)(a) that includes an insurer registered under Section 31A-16-105;
       (106)(b) that has premiums written in at least three countries;
       (106)(c) whose percentage of gross premiums written outside the United States is at least 10% of its total gross written premiums; and
       (106)(d) that, based on a three-year rolling average, has:

            (106)(d)(i) total assets of at least $50,000,000,000; or

            (106)(d)(ii) total gross written premiums of at least $10,000,000,000. See Utah Code 31A-1-301
• Investment adviser: includes a financial planner or other person who:
                 (1)(q)(ii)(A) as an integral component of other financially related services, provides the investment advisory services described in Subsection (1)(q)(i) to others as part of a business;
                 (1)(q)(ii)(B) holds the person out as providing the investment advisory services described in Subsection (1)(q)(i) to others; or
                 (1)(q)(ii)(C) holds the person out as a financial adviser, financial consultant, or any other similar title as the division may specify in rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in any way as to imply that the person is generally engaged in an investment advisory business, including a person who does not hold a securities license and uses a title described in this Subsection (1)(q)(ii)(C) in any advertising or marketing material. See Utah Code 61-1-13
• Investment adviser representative: means a partner, officer, director of, or a person occupying a similar status or performing similar functions, or other individual, except clerical or ministerial personnel, who:
                 (1)(r)(i)(A)

                      (1)(r)(i)(A)(I) is employed by or associated with an investment adviser who is licensed or required to be licensed under this chapter; or

                      (1)(r)(i)(A)(II) has a place of business located in this state and is employed by or associated with a federal covered adviser; and
                 (1)(r)(i)(B) does any of the following:

                      (1)(r)(i)(B)(I) makes a recommendation or otherwise renders advice regarding securities;

                      (1)(r)(i)(B)(II) manages accounts or portfolios of clients;

                      (1)(r)(i)(B)(III) determines which recommendation or advice regarding securities should be given;

                      (1)(r)(i)(B)(IV) solicits, offers, or negotiates for the sale of or sells investment advisory services; or

                      (1)(r)(i)(B)(V) supervises employees who perform any of the acts described in this Subsection (1)(r)(i)(B). See Utah Code 61-1-13
• Investment contract: includes :
            (1)(s)(i) an investment in a common enterprise with the expectation of profit to be derived through the essential managerial efforts of someone other than the investor; or
            (1)(s)(ii) an investment by which:

                 (1)(s)(ii)(A) an offeree furnishes initial value to an offerer;

                 (1)(s)(ii)(B) a portion of the initial value is subjected to the risks of the enterprise;

                 (1)(s)(ii)(C) the furnishing of the initial value is induced by the offerer's promises or representations that give rise to a reasonable understanding that a valuable benefit of some kind over and above the initial value will accrue to the offeree as a result of the operation of the enterprise; and

                 (1)(s)(ii)(D) the offeree does not receive the right to exercise practical and actual control over the managerial decisions of the enterprise. See Utah Code 61-1-13
• Involuntary unemployment insurance: means insurance:
       (107)(a) offered in connection with an extension of credit; and
       (107)(b) that provides indemnity if the debtor is involuntarily unemployed for payments coming due on a:

            (107)(b)(i) specific loan; or

            (107)(b)(ii) credit transaction. See Utah Code 31A-1-301
• Issuer: means a person who issues or proposes to issue a security or has outstanding a security that it has issued. See Utah Code 61-1-13
• issuing public corporation: means a corporation, other than a depository institution, that is organized under the laws of this state and that has:
       (1)(a) 100 or more shareholders;
       (1)(b) its principal place of business, its principal office, or substantial assets within the state; and
       (1)(c)

            (1)(c)(i) more than 10% of its shareholders resident in the state;

            (1)(c)(ii) more than 10% of its shares owned by Utah residents; or

            (1)(c)(iii) 10,000 shareholders resident in the state. See Utah Code 61-6-5
• Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
• 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
• Laws of a fraternal: include its articles of incorporation and bylaws, however designated. See Utah Code 31A-9-101
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legal expense insurance: includes an arrangement that creates a reasonable expectation of an enforceable right. See Utah Code 31A-1-301
• Legatee: A beneficiary of a decedent
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Liability: means legal liability for damages, including costs of defense, legal costs and fees, and other claims expenses because of injuries to other persons, damage to their property, or other damage or loss to other persons resulting from or arising out of:
            (6)(a)(i) any business, whether profit or nonprofit, trade, product, services, including professional services, premises, or operations; or
            (6)(a)(ii) any activity of any state or local government or any agency or political subdivision of any state or local government. See Utah Code 31A-15-202
• Liability insurance: includes :
            (112)(b)(i) vehicle liability insurance;
            (112)(b)(ii) residential dwelling liability insurance; and
            (112)(b)(iii) making inspection of, and issuing a certificate of inspection upon, an elevator, boiler, machinery, or apparatus of any kind when done in connection with insurance on the elevator, boiler, machinery, or apparatus. See Utah Code 31A-1-301
• License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
• Lien: A claim against real or personal property in satisfaction of a debt.
• Life insurance: means :
            (114)(a)(i) insurance on a human life; and
            (114)(a)(ii) insurance pertaining to or connected with human life. See Utah Code 31A-1-301
• Life settlement interest: means the entire interest or a fractional interest in any of the following that is the subject of a life settlement:
                 (1)(v)(i)(A) a policy; or
                 (1)(v)(i)(B) the death benefit under a policy. See Utah Code 61-1-13
• Limited license: means a license that:
       (115)(a) is issued for a specific product of insurance; and
       (115)(b) limits an individual or agency to transact only for that product or insurance. See Utah Code 31A-1-301
• Limited line credit insurance: includes the following forms of insurance:
       (116)(a) credit life;
       (116)(b) credit accident and health;
       (116)(c) credit property;
       (116)(d) credit unemployment;
       (116)(e) involuntary unemployment;
       (116)(f) mortgage life;
       (116)(g) mortgage guaranty;
       (116)(h) mortgage accident and health;
       (116)(i) guaranteed automobile protection; and
       (116)(j) another form of insurance offered in connection with an extension of credit that:

            (116)(j)(i) is limited to partially or wholly extinguishing the credit obligation; and

            (116)(j)(ii) the commissioner determines by rule should be designated as a form of limited line credit insurance. See Utah Code 31A-1-301
• Limited line credit insurance producer: means a person who sells, solicits, or negotiates one or more forms of limited line credit insurance coverage to an individual through a master, corporate, group, or individual policy. See Utah Code 31A-1-301
• Limited line insurance: includes :
       (118)(a) bail bond;
       (118)(b) limited line credit insurance;
       (118)(c) legal expense insurance;
       (118)(d) motor club insurance;
       (118)(e) car rental related insurance;
       (118)(f) travel insurance;
       (118)(g) crop insurance;
       (118)(h) self-service storage insurance;
       (118)(i) guaranteed asset protection waiver;
       (118)(j) portable electronics insurance; and
       (118)(k) another form of limited insurance that the commissioner determines by rule should be designated a form of limited line insurance. See Utah Code 31A-1-301
• Limited lines producer: means a person who sells, solicits, or negotiates limited lines insurance. See Utah Code 31A-1-301
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Lodge system: means one in which:
            (1)(c)(i) there is a supreme governing body;
            (1)(c)(ii) subordinate to the supreme governing body are local lodges, however designated, into which natural persons are admitted as members in accordance with the laws of the fraternal;
            (1)(c)(iii) the local lodges are required by the laws of the fraternal to hold regular meetings at least monthly; and
            (1)(c)(iv) the local lodges regularly engage in programs involving member participation to implement the purposes of Subsection (1)(a)(ii). See Utah Code 31A-9-101
• Long-term care insurance: includes :
            (121)(b)(i) any of the following that provide directly or supplement long-term care insurance:

                 (121)(b)(i)(A) a group or individual annuity or rider; or

                 (121)(b)(i)(B) a life insurance policy or rider;
            (121)(b)(ii) a policy or rider that provides for payment of benefits on the basis of:

                 (121)(b)(ii)(A) cognitive impairment; or

                 (121)(b)(ii)(B) functional capacity; or
            (121)(b)(iii) a qualified long-term care insurance contract. See Utah Code 31A-1-301
• Major league sports team: means a team:
       (18)(a) consisting of professional athletes;
       (18)(b) that is part of a professional sports league; and
       (18)(c) that is engaged in the business of presenting live sporting events before primarily a paying audience. See Utah Code 11-70-101
• Managed care organization: means a person:
       (122)(a) licensed as a health maintenance organization under Chapter 8, Health Maintenance Organizations and Limited Health Plans; or
       (122)(b)

            (122)(b)(i) licensed under:

                 (122)(b)(i)(A) Chapter 5, Domestic Stock and Mutual Insurance Corporations;

                 (122)(b)(i)(B) Chapter 7, Nonprofit Health Service Insurance Corporations; or

                 (122)(b)(i)(C) Chapter 14, Foreign Insurers; and

            (122)(b)(ii) that requires an enrollee to use, or offers incentives, including financial incentives, for an enrollee to use, network providers. See Utah Code 31A-1-301
• Marketing: means making or causing to be made any communication that contains information that relates to a product or contract regulated under this chapter. See Utah Code 31A-8a-102
• Mechanical breakdown insurance: means a policy, contract, or agreement issued by an insurance company that has complied with either Chapter 5, Domestic Stock and Mutual Insurance Corporations, or Chapter 14, Foreign Insurers, that undertakes to perform or provide repair or replacement service on goods or property, or indemnification for repair or replacement service, for the operational or structural failure of the goods or property due to a defect in materials, workmanship, or normal wear and tear. See Utah Code 31A-6a-101
• Medical malpractice insurance: means insurance against legal liability incident to the practice and provision of a medical service other than the practice and provision of a dental service. See Utah Code 31A-1-301
• Medicare: means the "Health Insurance for the Aged Act" Title XVIII of the federal Social Security Act, as then constituted or later amended. See Utah Code 31A-1-301
• Medicare supplement insurance: means health insurance coverage that is advertised, marketed, or designed primarily as a supplement to reimbursements under Medicare for the hospital, medical, or surgical expenses of individuals eligible for Medicare. See Utah Code 31A-1-301
• Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301
• minimum required capital: means the capital that must be constantly maintained by a stock insurance corporation as required by statute. See Utah Code 31A-1-301
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgage accident and health insurance: means insurance offered in connection with an extension of credit that provides indemnity for payments coming due on a mortgage while the debtor has a disability. See Utah Code 31A-1-301
• Mortgage guaranty insurance: means surety insurance under which a mortgagee or other creditor is indemnified against losses caused by the default of a debtor. See Utah Code 31A-1-301
• Mortgage life insurance: means insurance on the life of a debtor in connection with an extension of credit that pays if the debtor dies. See Utah Code 31A-1-301
• Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
• Motor club: means a person:
       (131)(a) licensed under:

            (131)(a)(i) Chapter 5, Domestic Stock and Mutual Insurance Corporations;

            (131)(a)(ii) Chapter 11, Motor Clubs; or

            (131)(a)(iii) Chapter 14, Foreign Insurers; and
       (131)(b) that promises for an advance consideration to provide for a stated period of time one or more:

            (131)(b)(i) legal services under Subsection 31A-11-102(1)(b);

            (131)(b)(ii) bail services under Subsection 31A-11-102(1)(c); or

            (131)(b)(iii)

                 (131)(b)(iii)(A) trip reimbursement;

                 (131)(b)(iii)(B) towing services;

                 (131)(b)(iii)(C) emergency road services;

                 (131)(b)(iii)(D) stolen automobile services;

                 (131)(b)(iii)(E) a combination of the services listed in Subsections (131)(b)(iii)(A) through (D); or

                 (131)(b)(iii)(F) other services given in Subsections 31A-11-102(1)(b) through (f). See Utah Code 31A-1-301
• Multi-channel video or audio service provider: includes the following except as specifically exempted by state or federal law:
            (3)(b)(i) a cable operator;
            (3)(b)(ii) a CATV provider;
            (3)(b)(iii) a multi-point distribution provider;
            (3)(b)(iv) a MMDS provider;
            (3)(b)(v) a SMATV operator;
            (3)(b)(vi) a direct-to-home satellite service provider; or
            (3)(b)(vii) a DBS provider. See Utah Code 59-26-102
• Municipality: means a city or town. See Utah Code 59-26-102
• Mutual: means a mutual insurance corporation. See Utah Code 31A-1-301
• mutual corporation: means a mutual insurance corporation. See Utah Code 31A-1-301
• NAIC: means the National Association of Insurance Commissioners. See Utah Code 31A-1-301
• NAIC liquidity stress test framework: means a NAIC publication that includes:
       (134)(a) a history of the NAIC's development of regulatory liquidity stress testing;
       (134)(b) the scope criteria applicable for a specific data year; and
       (134)(c) the liquidity stress test instructions and reporting templates for a specific data year, as adopted by the NAIC and as amended by the NAIC in accordance with NAIC procedures. See Utah Code 31A-1-301
• National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) ^{Source: OCC}
• Network plan: means health care insurance:
       (135)(a) that is issued by an insurer; and
       (135)(b) under which the financing and delivery of medical care is provided, in whole or in part, through a defined set of providers under contract with the insurer, including the financing and delivery of an item paid for as medical care. See Utah Code 31A-1-301
• Network provider: means a health care provider who has an agreement with a managed care organization to provide health care services to an enrollee with an expectation of receiving payment, other than coinsurance, copayments, or deductibles, directly from the managed care organization. See Utah Code 31A-1-301
• nonadmitted insurer: means an insurer:
            (191)(a)(i) not holding a valid certificate of authority to do an insurance business in this state; or
            (191)(a)(ii) transacting business not authorized by a valid certificate. See Utah Code 31A-1-301
• Nonissuer: means not directly or indirectly for the benefit of the issuer. See Utah Code 61-1-13
• Nonparticipating: means a plan of insurance under which the insured is not entitled to receive a dividend representing a share of the surplus of the insurer. See Utah Code 31A-1-301
• Nonresident: means a decedent who was domiciled outside of this state at the time of death. See Utah Code 59-11-102
• Oath: A promise to tell the truth.
• Oath: includes "affirmation. See Utah Code 68-3-12.5
• 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
• offer to sell: includes an attempt or offer to dispose of, or solicitation of an offer to buy, a security or interest in a security for value. See Utah Code 61-1-13
• Order: means an order of the commissioner. See Utah Code 31A-1-301
• ORSA guidance manual: means the current version of the Own Risk and Solvency Assessment Guidance Manual developed and adopted by the National Association of Insurance Commissioners and as amended from time to time. See Utah Code 31A-1-301
• ORSA summary report: means a confidential high-level summary of an insurer or insurance group's own risk and solvency assessment. See Utah Code 31A-1-301
• Other state: means any state in the United States other than this state, the District of Columbia, or any possession or territory of the United States. See Utah Code 59-11-102
• Other state land: means :
       (19)(a) land within the fairpark district boundary, other than fair park land, that is owned by the state on January 1, 2024; and
       (19)(b) land acquired by the fairpark district or the state on or after May 1, 2024. See Utah Code 11-70-101
• Outline of coverage: means a summary that explains an accident and health insurance policy. See Utah Code 31A-1-301
• Oversight: Committee review of the activities of a Federal agency or program.
• Own risk and solvency assessment: means an insurer or insurance group's confidential internal assessment:
       (143)(a)

            (143)(a)(i) of each material and relevant risk associated with the insurer or insurance group;

            (143)(a)(ii) of the insurer or insurance group's current business plan to support each risk described in Subsection (143)(a)(i); and

            (143)(a)(iii) of the sufficiency of capital resources to support each risk described in Subsection (143)(a)(i); and
       (143)(b) that is appropriate to the nature, scale, and complexity of an insurer or insurance group. See Utah Code 31A-1-301
• Parent: means a biological or adoptive parent. See Utah Code 30-5a-102
• Participating: means a plan of insurance under which the insured is entitled to receive a dividend representing a share of the surplus of the insurer. See Utah Code 31A-1-301
• 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.
• Permanent surplus: means the surplus of an insurer or organization that is designated by the insurer or organization as permanent. See Utah Code 31A-1-301
• Person: includes any natural person, corporation, association, partnership, joint venture, syndicate, estate, trust, or other entity under which business or other activities may be conducted. See Utah Code 59-11-102
• Person: means :
            (1)(x)(i) an individual;
            (1)(x)(ii) a corporation;
            (1)(x)(iii) a partnership;
            (1)(x)(iv) a limited liability company;
            (1)(x)(v) an association;
            (1)(x)(vi) a joint-stock company;
            (1)(x)(vii) a joint venture;
            (1)(x)(viii) a trust where the interests of the beneficiaries are evidenced by a security;
            (1)(x)(ix) an unincorporated organization;
            (1)(x)(x) a government; or
            (1)(x)(xi) a political subdivision of a government. See Utah Code 61-1-13
• 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
• 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
• Personal lines insurance: means property and casualty insurance coverage sold for primarily noncommercial purposes to:
       (147)(a) an individual; or
       (147)(b) a family. See Utah Code 31A-1-301
• Personal property: All property that is not real property.
• Personal property: includes :
       (25)(a) money;
       (25)(b) goods;
       (25)(c) chattels;
       (25)(d) effects;
       (25)(e) evidences of a right in action;
       (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
       (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
• Personal representative: means the executor, administrator, or trustee of a decedent's estate, or, if there is no executor, administrator, or trustee appointed, qualified, and acting within this state, then any person in actual or constructive possession of any property of the decedent. See Utah Code 59-11-102
• Personal risk liability: means liability for damages because of injury to any person, damage to property, or other loss or damage resulting from any personal, familial, or household responsibilities or activities, rather than from responsibilities or activities referred to in Subsection (6). See Utah Code 31A-15-202
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plan sponsor: means the same as that term is defined in Utah Code 31A-1-301
• Plan year: means :
       (149)(a) the year that is designated as the plan year in:

            (149)(a)(i) the plan document of a group health plan; or

            (149)(a)(ii) a summary plan description of a group health plan;
       (149)(b) if the plan document or summary plan description does not designate a plan year or there is no plan document or summary plan description:

            (149)(b)(i) the year used to determine deductibles or limits;

            (149)(b)(ii) the policy year, if the plan does not impose deductibles or limits on a yearly basis; or

            (149)(b)(iii) the employer's taxable year if:

                 (149)(b)(iii)(A) the plan does not impose deductibles or limits on a yearly basis; and

                 (149)(b)(iii)(B)

                      (149)(b)(iii)(B)(I) the plan is not insured; or

                      (149)(b)(iii)(B)(II) the insurance policy is not renewed on an annual basis; or
       (149)(c) in a case not described in Subsection (149)(a) or (b), the calendar year. See Utah Code 31A-1-301
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• 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
• Policy illustration: means a presentation or depiction that includes nonguaranteed elements of a policy offering life insurance over a period of years. See Utah Code 31A-1-301
• Policy summary: means a synopsis describing the elements of a life insurance policy. 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
• Post-designation parcel: means a parcel within a project area after the transition date for that parcel. See Utah Code 11-70-101
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• PPACA: means the Patient Protection and Affordable Care Act, Pub. See Utah Code 31A-1-301
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Precious metal: means the following, whether in coin, bullion, or other form:
            (1)(y)(i) silver;
            (1)(y)(ii) gold;
            (1)(y)(iii) platinum;
            (1)(y)(iv) palladium;
            (1)(y)(v) copper; and
            (1)(y)(vi) such other substances as the division may specify by rule. See Utah Code 61-1-13
• Premarital agreement: means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. See Utah Code 30-8-2
• 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.
• Private foundation trust: means a trust (including a trust described in Section 4947(a)(1)) as defined in Section 509(a). See Utah Code 59-18-102
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Proceeding: includes an action or special statutory proceeding. See Utah Code 31A-1-301
• 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 licensed or required to be licensed under the laws of this state to sell, solicit, or negotiate insurance. See Utah Code 31A-1-301
• Producer for the insured: means a producer who:
                 (102)(c)(i)(A) is compensated directly and only by an insurance customer or an insured; and
                 (102)(c)(i)(B) receives no compensation directly or indirectly from an insurer for selling, soliciting, or negotiating an insurance product of that insurer to an insurance customer or insured. See Utah Code 31A-1-301
• Producer for the insurer: means a producer who is compensated directly or indirectly by an insurer for selling, soliciting, or negotiating an insurance product of that insurer. See Utah Code 31A-1-301
• Product liability: means liability for damages because of any personal injury, death, emotional harm, consequential economic damage, or property damage, including damages resulting from the loss of use of property arising out of the manufacture, design, importation, distribution, packaging, labeling, lease, or sale of a product. See Utah Code 31A-15-202
• Professional liability insurance: means insurance against legal liability incident to the practice of a profession and provision of a professional service. See Utah Code 31A-1-301
• Professional sports league: means a group of major league sports teams that have formed a league:
       (23)(a) for the major league sports teams to compete against one another; and
       (23)(b) in which the combined average annual payroll for the major league sports teams in the league on the franchise agreement date is not less than $100,000,000. See Utah Code 11-70-101
• Project area: means land described in a project area plan or draft project area plan, where the development project set forth in the project area plan or draft project area plan takes place or is proposed to take place. See Utah Code 11-70-101
• Project area plan: means a written plan that, after its effective date, guides and controls the development within a project area. See Utah Code 11-70-101
• Promoter: means a person who, acting alone or in concert with one or more persons, takes initiative in founding or organizing the business or enterprise of a person. See Utah Code 61-1-13
• Property: means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings. See Utah Code 30-8-2
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Property insurance: means insurance against loss or damage to real or personal property of every kind and any interest in that property:
            (160)(a)(i) from all hazards or causes; and
            (160)(a)(ii) against loss consequential upon the loss or damage including vehicle comprehensive and vehicle physical damage coverages. See Utah Code 31A-1-301
• Property tax: includes each levy on an ad valorem basis on tangible or intangible personal or real property. See Utah Code 11-70-101
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Protective order: means :
       (6)(a) a civil protective order, as that term is defined in Section 78B-7-102;
       (6)(b) an ex parte civil protective order, as that term is defined in Section 78B-7-102; or
       (6)(c) a foreign protection order, as that term is defined in Section 78B-7-302. See Utah Code 30-3-10.1
• Psychological maltreatment: means a repeated pattern or extreme incident of caretaker behavior that:
       (7)(a) intentionally thwarts a child's basic psychological needs, including physical and psychological safety, cognitive stimulation, and respect;
       (7)(b) conveys that a child is worthless, defective, or expendable; and
       (7)(c) may terrorize a child. See Utah Code 30-3-10.1
• Public entity: means :
       (28)(a) the state, including each department, division, or other agency of the state; or
       (28)(b) a county, city, town, school district, special district, special service district, interlocal cooperation entity, community reinvestment agency, or other political subdivision of the state, including the fairpark district. See Utah Code 11-70-101
• Public infrastructure and improvements: includes :
            (29)(b)(i) facilities, lines, or systems that provide:

                 (29)(b)(i)(A) water, chilled water, or steam; or

                 (29)(b)(i)(B) sewer, storm drainage, natural gas, electricity, energy storage, renewable energy, microgrids, or telecommunications service;
            (29)(b)(ii) streets, roads, curbs, gutters, sidewalks, walkways, solid waste facilities, parking facilities, rail lines, intermodal facilities, multimodal facilities, and public transportation facilities;
            (29)(b)(iii) a qualified stadium;
            (29)(b)(iv) public trails and pathways associated with and rehabilitation of and improvements to the Jordan River; and
            (29)(b)(v) agricultural and related exhibit facilities on fair park land. See Utah Code 11-70-101
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• purchase: means a contract for purchase of, contract to buy, or acquisition of a security or interest in a security for value. See Utah Code 61-1-13
• Purchaser: means the same as that term is defined in Section 59-12-102. See Utah Code 59-28-102
• Purchasing group: means any group that:
       (10)(a) has as one of its purposes the purchase of liability insurance on a group basis;
       (10)(b) purchases liability insurance only for its group members and only to cover their similar or related liability exposure, as described in Subsection (10)(c);
       (10)(c) is composed of members whose businesses or activities are similar or related with respect to the liability to which members are exposed by virtue of any related, similar, or common business, trade, products, services, premises, or operations; and
       (10)(d) is domiciled in any state. See Utah Code 31A-15-202
• Qualified owner: means an owner of at least 65 contiguous acres of privately owned land within the fairpark district boundary, or the owner's affiliate. See Utah Code 11-70-101
• Qualified stadium: includes parking structures or facilities, lighting facilities, plazas, and open space associated with a stadium described in Subsection (31)(a). See Utah Code 11-70-101
• Qualified United States financial institution: means an institution that:
       (162)(a) is:

            (162)(a)(i) organized under the laws of the United States or any state; or

            (162)(a)(ii) in the case of a United States office of a foreign banking organization, licensed under the laws of the United States or any state;
       (162)(b) is regulated, supervised, and examined by a United States federal or state authority having regulatory authority over a bank or trust company; and
       (162)(c) meets the standards of financial condition and standing that are considered necessary and appropriate to regulate the quality of a financial institution whose letters of credit will be acceptable to the commissioner as determined by:

            (162)(c)(i) the commissioner by rule; or

            (162)(c)(ii) the Securities Valuation Office of the National Association of Insurance Commissioners. See Utah Code 31A-1-301
• Quorum: The number of legislators that must be present to do business.
• Radioactive waste: means :
       (7)(a) alternate feed material;
       (7)(b) byproduct material;
       (7)(c) containerized class A waste;
       (7)(d) processed class A waste; or
       (7)(e) uncontainerized, unprocessed class A waste. See Utah Code 59-24-102
• 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
• Rate service organization: means a person who assists an insurer in rate making or filing by:
            (164)(a)(i) collecting, compiling, and furnishing loss or expense statistics;
            (164)(a)(ii) recommending, making, or filing rates or supplementary rate information; or
            (164)(a)(iii) advising about rate questions, except as an attorney giving legal advice. See Utah Code 31A-1-301
• Rating manual: means any of the following used to determine initial and renewal policy premiums:
       (165)(a) a manual of rates;
       (165)(b) a classification;
       (165)(c) a rate-related underwriting rule; and
       (165)(d) a rating formula that describes steps, policies, and procedures for determining initial and renewal policy premiums. See Utah Code 31A-1-301
• Real Estate Commission: means the Real Estate Commission created in Section 61-2f-103. See Utah Code 31A-2-402
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: includes :
       (31)(a) land;
       (31)(b) a tenement;
       (31)(c) a hereditament;
       (31)(d) a water right;
       (31)(e) a possessory right; and
       (31)(f) a claim. See Utah Code 68-3-12.5
• Rebate: means a licensee paying, allowing, giving, or offering to pay, allow, or give, directly or indirectly:
            (166)(a)(i) a refund of premium or portion of premium;
            (166)(a)(ii) a refund of commission or portion of commission;
            (166)(a)(iii) a refund of all or a portion of a consultant fee; or
            (166)(a)(iv) providing services or other benefits not specified in an insurance or annuity contract. See Utah Code 31A-1-301
• Received by the department: means :
       (167)(a) the date delivered to and stamped received by the department, if delivered in person;
       (167)(b) the post mark date, if delivered by mail;
       (167)(c) the delivery service's post mark or pickup date, if delivered by a delivery service;
       (167)(d) the received date recorded on an item delivered, if delivered by:

            (167)(d)(i) facsimile;

            (167)(d)(ii) email; or

            (167)(d)(iii) another electronic method; or
       (167)(e) a date specified in:

            (167)(e)(i) a statute;

            (167)(e)(ii) a rule; or

            (167)(e)(iii) an order. See Utah Code 31A-1-301
• record: means information that is:
                 (1)(aa)(i)(A) inscribed in a tangible medium; or
                 (1)(aa)(i)(B)

                      (1)(aa)(i)(B)(I) stored in an electronic or other medium; and

                      (1)(aa)(i)(B)(II) retrievable in perceivable form. See Utah Code 61-1-13
• reimbursement insurance policy: means a policy of insurance providing coverage for all obligations and liabilities incurred by the service contract provider or warrantor under the terms of the service contract or vehicle protection product warranty issued by the provider or warrantor. See Utah Code 31A-6a-101
• 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
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• 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.
• Resident: means a decedent who was domiciled in this state at the time of death. See Utah Code 59-11-102
• Residential dwelling liability insurance: means insurance against liability resulting from or incident to the ownership, maintenance, or use of a residential dwelling that is a detached single family residence or multifamily residence up to four units. See Utah Code 31A-1-301
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Retrocession: means reinsurance with another insurer of a liability assumed under a reinsurance contract. See Utah Code 31A-1-301
• Rider: means an endorsement to:
       (173)(a) an insurance policy; or
       (173)(b) an insurance certificate. See Utah Code 31A-1-301
• Right of offset: Banks' legal right to seize funds that a guarantor or debtor may have on deposit to cover a loan in default. It is also known as the right of set-off. ^{Source: OCC}
• Risk Management Fund: means the fund created under Section 63A-4-201. See Utah Code 31A-12-101
• Risk retention group: means any corporation or other limited liability association:
       (11)(a) whose primary activity consists of assuming and spreading all, or any portion of, the liability exposure of its group members;
       (11)(b) which is organized for the primary purpose of conducting the activity described under Subsection (11)(a);
       (11)(c) that:

            (11)(c)(i) is chartered and licensed as a liability insurance company and authorized to engage in the business of insurance under the laws of any state; or

            (11)(c)(ii)

                 (11)(c)(ii)(A) before January 1, 1985, was chartered or licensed and authorized to engage in the business of insurance under the laws of Bermuda or the Cayman Islands and, before January 1, 1985, had certified to the insurance commissioner of at least one state that it satisfied the capitalization requirements of that state;

                 (11)(c)(ii)(B) except that any group as described in Subsection (11)(c)(ii)(A) shall be considered to be a risk retention group only if it has been engaged in business continuously since January 1, 1985, and only for the purpose of continuing to provide insurance to cover product liability or completed operations liability, as these terms were defined in the Product Liability Risk Retention Act of 1981 before the date of the enactment of the Liability Risk Retention Act of 1986;
       (11)(d) that does not exclude any person from membership in the group solely to provide for members of the group a competitive advantage over the excluded person;
       (11)(e) that:

            (11)(e)(i) has as its owners only persons who comprise the membership of the risk retention group and who are provided insurance by the group; or

            (11)(e)(ii) has as its sole owner an organization that has as:

                 (11)(e)(ii)(A) its members only persons who comprise the membership of the risk retention group; and

                 (11)(e)(ii)(B) its owners only persons who comprise the membership of the risk retention group and who are provided insurance by the group;
       (11)(f) whose members are engaged in businesses or activities similar or related with respect to the liability to which the members are exposed by virtue of any related, similar, or common business trade, products, services, premises or operations;
       (11)(g) whose activities do not include providing insurance other than:

            (11)(g)(i) liability insurance for assuming and spreading all or any portion of the liability of its group members; and

            (11)(g)(ii) reinsurance with respect to the liability of any other risk retention group, or any members of the other group, which is engaged in businesses or activities so that the group or member meets the requirement described in Subsection (11)(f) for membership in the risk retention group which provides the reinsurance; and
       (11)(h) the name of which includes the phrase "risk retention group. See Utah Code 31A-15-202
• Road: includes :
       (33)(a) a public bridge;
       (33)(b) a county way;
       (33)(c) a county road;
       (33)(d) a common road; and
       (33)(e) a state road. See Utah Code 68-3-12.5
• Road hazard: includes potholes, rocks, wood debris, metal parts, glass, plastic, curbs, or composite scraps. See Utah Code 31A-6a-101
• Scope criteria: means the designated exposure bases and minimum magnitudes for a specified data year that are used to establish a preliminary list of insurers considered scoped into the NAIC liquidity stress test framework for that data year. See Utah Code 31A-1-301
• Secondary medical condition: means a complication related to an exclusion from coverage in accident and health insurance. See Utah Code 31A-1-301
• Securities Exchange Commission: means the United States Securities Exchange Commission created by the Securities Exchange Act of 1934. See Utah Code 61-1-13
• Security: means a:
                 (1)(ee)(i)(A) note;
                 (1)(ee)(i)(B) stock;
                 (1)(ee)(i)(C) treasury stock;
                 (1)(ee)(i)(D) bond;
                 (1)(ee)(i)(E) debenture;
                 (1)(ee)(i)(F) evidence of indebtedness;
                 (1)(ee)(i)(G) certificate of interest or participation in a profit-sharing agreement;
                 (1)(ee)(i)(H) collateral-trust certificate;
                 (1)(ee)(i)(I) preorganization certificate or subscription;
                 (1)(ee)(i)(J) transferable share;
                 (1)(ee)(i)(K) investment contract;
                 (1)(ee)(i)(L) burial certificate or burial contract;
                 (1)(ee)(i)(M) voting-trust certificate;
                 (1)(ee)(i)(N) certificate of deposit for a security;
                 (1)(ee)(i)(O) certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease;
                 (1)(ee)(i)(P) commodity contract or commodity option;
                 (1)(ee)(i)(Q) interest in a limited liability company;
                 (1)(ee)(i)(R) life settlement interest; or
                 (1)(ee)(i)(S) in general, an interest or instrument commonly known as a "security" or a certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase an item listed in Subsections (1)(ee)(i)(A) through (R). See Utah Code 61-1-13
• 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
• Securityholder: means a specified person who owns a security of a person, including:
       (177)(a) common stock;
       (177)(b) preferred stock;
       (177)(c) debt obligations; and
       (177)(d) any other security convertible into or evidencing the right of any of the items listed in this Subsection (177). 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
• sell: includes a contract for sale of, contract to sell, or disposition of, a security or interest in a security for value. See Utah Code 61-1-13
• Sell: means to exchange a contract of insurance:
       (179)(a) by any means;
       (179)(b) for money or its equivalent; and
       (179)(c) on behalf of an insurance company. See Utah Code 31A-1-301
• Seller: means the same as that term is defined in Section 59-12-102. See Utah Code 59-28-102
• Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
• Service contract: includes any contract or agreement to perform or reimburse the service contract holder for any one or more of the following services:
            (6)(c)(i) the repair or replacement of tires, wheels, or both on a motor vehicle damaged as a result of coming into contact with a road hazard;
            (6)(c)(ii) the removal of dents, dings, or creases on a motor vehicle that can be repaired using the process of paintless dent removal without affecting the existing paint finish and without replacing vehicle body panels, sanding, bonding, or painting;
            (6)(c)(iii) the repair of chips or cracks in or the replacement of a motor vehicle windshield as a result of damage caused by a road hazard, that is primary to the coverage offered by the motor vehicle owner's motor vehicle insurance policy; or
            (6)(c)(iv) the replacement of a motor vehicle key or key-fob if the key or key-fob becomes inoperable, lost, or stolen, except that the replacement of lost or stolen property is limited to only the replacement of a lost or stolen motor vehicle key or key-fob. See Utah Code 31A-6a-101
• Service contract provider: means a person who issues, makes, provides, administers, sells or offers to sell a service contract, or who is contractually obligated to provide service under a service contract. See Utah Code 31A-6a-101
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
       (34)(a) sex and reproductive organ anatomy;
       (34)(b) chromosomal makeup; and
       (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
• Sexual abuse: means the same as that term is defined in Section 80-1-102. See Utah Code 30-3-10.1
• Shapefile: means the digital vector storage format for storing geometric location and associated attribute information. See Utah Code 11-70-101
• Short-term limited duration health insurance: means a health benefit product that:
       (180)(a) after taking into account any renewals or extensions, has a total duration of no more than 36 months; and
       (180)(b) has an expiration date specified in the contract that is less than 12 months after the original effective date of coverage under the health benefit product. 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
• Significant break in coverage: means a period of 63 consecutive days during each of which an individual does not have creditable coverage. See Utah Code 31A-1-301
• Small employer: means , in connection with a health benefit plan and with respect to a calendar year and to a plan year, an employer who:
            (182)(a)(i)

                 (182)(a)(i)(A) employed at least one but not more than 50 eligible employees on business days during the preceding calendar year; or

                 (182)(a)(i)(B) if the employer did not exist for the entirety of the preceding calendar year, reasonably expects to employ an average of at least one but not more than 50 eligible employees on business days during the current calendar year;
            (182)(a)(ii) employs at least one employee on the first day of the plan year; and
            (182)(a)(iii) for an employer who has common ownership with one or more other employers, is treated as a single employer under Utah Code 31A-1-301
• Split interest trust: means a trust for individual and charitable beneficiaries that is subject to the provisions of Section 4947(a)(2). See Utah Code 59-18-102
• Stadium contribution: means the principal amount of bonds that the district issues to pay for the development and construction of a qualified stadium, plus any other amount the district pays toward the development and construction of a qualified stadium. See Utah Code 11-70-101
• State: means a state, territory, or possession of the United States, the District of Columbia, and Puerto Rico. See Utah Code 61-1-13
• State: means :
       (12)(a) a state of the United States; or
       (12)(b) the District of Columbia. See Utah Code 31A-15-202
• 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
• State fair purposes: means the purposes for the use of fair park land related to the fair park authority's management, supervision, and control over a state fair and related events and activities. See Utah Code 11-70-101
• State-owned land: means :
       (35)(a) fair park land; and
       (35)(b) other state land. See Utah Code 11-70-101
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Stock corporation: means a stock insurance corporation. See Utah Code 31A-1-301
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• surety insurance: includes :
       (185)(a) a guarantee against loss or damage resulting from the failure of a principal to pay or perform the principal's obligations to a creditor or other obligee;
       (185)(b) bail bond insurance; and
       (185)(c) fidelity insurance. See Utah Code 31A-1-301
• Surplus: means the excess of assets over the sum of paid-in capital and liabilities. See Utah Code 31A-1-301
• Tax year: means a one-year period beginning on February 1 and ending on January 31 of the following year. See Utah Code 59-23-3
• Taxable estate: means "taxable estate" as defined in Section 2051, Internal Revenue Code. See Utah Code 59-11-102
• Taxable value: means the value of property as shown on the last equalized assessment roll. See Utah Code 11-70-101
• Taxing entity: means the same as that term is defined in Section 59-2-102, excluding a public infrastructure district that the fairpark district creates under Title 17D, Chapter 4, Public Infrastructure District Act. See Utah Code 11-70-101
• 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
• Testify: Answer questions in court.
• Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Title insurance: means the insuring, guaranteeing, or indemnifying of an owner of real or personal property or the holder of liens or encumbrances on that property, or others interested in the property against loss or damage suffered by reason of liens or encumbrances upon, defects in, or the unmarketability of the title to the property, or invalidity or unenforceability of any liens or encumbrances on the property. See Utah Code 31A-1-301
• Title insurance matter: means a matter related to:
       (5)(a) title insurance;
       (5)(b) an escrow conducted by an individual title insurance producer or agency title insurance producer;
       (5)(c) licensing, examination, and continuing education of an applicant to be a title licensee; or
       (5)(d) conduct of a title licensee. See Utah Code 31A-2-402
• Title licensee: means a person licensed under this title as:
       (6)(a) an agency title insurance producer with a title insurance line of authority;
       (6)(b) an individual title insurance producer with:

            (6)(b)(i) a general title insurance line of authority; or

            (6)(b)(ii) a specific category of authority for title insurance; or
       (6)(c) a title insurance adjuster. See Utah Code 31A-2-402
• Total adjusted capital: means the sum of an insurer's or health organization's statutory capital and surplus as determined in accordance with:
       (189)(a) the statutory accounting applicable to the annual financial statements required to be filed under Section 31A-4-113; and
       (189)(b) another item provided by the RBC instructions, as RBC instructions is defined in Section 31A-17-601. See Utah Code 31A-1-301
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Transfer: means "transfer" as described in Section 2001, Internal Revenue Code. See Utah Code 59-11-102
• Transition date: means the date indicated in a designation resolution after which the parcel that is the subject of the designation resolution becomes a post-designation parcel. See Utah Code 11-70-101
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trust: means an express trust created by a trust instrument, including a will. See Utah Code 59-18-102
• Trustee: A person or institution holding and administering property in trust.
• Trustee: means the trustee, trustees, person, or persons possessing a power or powers referred to in this chapter. See Utah Code 59-18-102
• Trustee: means "director" when referring to the board of directors of a corporation. See Utah Code 31A-1-301
• Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
• under common control: means the direct or indirect possession of the power to direct or cause the direction of the management and policies of a person. See Utah Code 31A-1-301
• Underwrite: means the authority to accept or reject risk on behalf of the insurer. See Utah Code 31A-1-301
• Undivided fractionalized long-term estate: means the same as that term is defined in Section 57-29-102. See Utah Code 61-1-13
• Undue influence: means that a person uses a relationship or position of authority, trust, or confidence:
            (1)(hh)(i) that is unrelated to a relationship created:

                 (1)(hh)(i)(A) in the ordinary course of making investments regulated under this chapter; or

                 (1)(hh)(i)(B) by a licensee providing services under this chapter;
            (1)(hh)(ii) that results in:

                 (1)(hh)(ii)(A) an investor perceiving the person as having heightened credibility, personal trustworthiness, or dependability; or

                 (1)(hh)(ii)(B) the person having special access to or control of an investor's financial resources, information, or circumstances; and
            (1)(hh)(iii) to:

                 (1)(hh)(iii)(A) exploit the trust, dependence, or fear of the investor;

                 (1)(hh)(iii)(B) knowingly assist or cause another to exploit the trust, dependence, or fear of the investor; or

                 (1)(hh)(iii)(C) gain control deceptively over the decision making of the investor. See Utah Code 61-1-13
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• Uniformed service: means :
       (10)(a) active and reserve components of the United States Armed Forces;
       (10)(b) the United States Merchant Marine;
       (10)(c) the commissioned corps of the United States Public Health Service;
       (10)(d) the commissioned corps of the National Oceanic and Atmospheric Administration of the United States; or
       (10)(e) the National Guard of a state. See Utah Code 30-3-10.1
• Uniformed services: means :
       (40)(a) the armed forces;
       (40)(b) the commissioned corps of the National Oceanic and Atmospheric Administration; and
       (40)(c) the commissioned corps of the United States Public Health Service. See Utah Code 68-3-12.5
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Vehicle liability insurance: means insurance against liability resulting from or incident to ownership, maintenance, or use of a land vehicle or aircraft, exclusive of a vehicle comprehensive or vehicle physical damage coverage described in Subsection (160). See Utah Code 31A-1-301
• Vehicle protection product: includes :
            (10)(b)(i) a vehicle protection product warranty;
            (10)(b)(ii) an alarm system;
            (10)(b)(iii) a body part marking product;
            (10)(b)(iv) a steering lock;
            (10)(b)(v) a window etch product;
            (10)(b)(vi) a pedal and ignition lock;
            (10)(b)(vii) a fuel and ignition kill switch; and
            (10)(b)(viii) an electronic, radio, or satellite tracking device. See Utah Code 31A-6a-101
• Vehicle protection product warranty: means a written agreement by a warrantor that provides that if the vehicle protection product fails to prevent the theft of the motor vehicle, or aid in the recovery of the motor vehicle within a time period specified in the warranty, not exceeding 30 days after the day on which the motor vehicle is reported stolen, the warrantor will reimburse the warranty holder for incidental costs specified in the warranty, not exceeding $5,000, or in a specified fixed amount not exceeding $5,000. See Utah Code 31A-6a-101
• Vehicle service contract: means a service contract for the repair or maintenance of a vehicle:
       (12)(a) for operational or structural failure because of a defect in materials, workmanship, normal wear and tear, or accidental damage from handling; and
       (12)(b) with or without additional provision for incidental payment of indemnity under limited circumstances, including towing, providing a rental car, or providing emergency road service. See Utah Code 31A-6a-101
• Venue: The geographical location in which a case is tried.
• Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5
• Voting security: means a security with voting rights, and includes a security convertible into a security with a voting right associated with the security. See Utah Code 31A-1-301
• Vulnerable adult: means the same as that term is defined in Section 26B-6-201. See Utah Code 61-1-13
• Warrantor: means a person who is contractually obligated to the warranty holder under the terms of a vehicle protection product warranty. See Utah Code 31A-6a-101
• Warranty holder: means the person who purchases a vehicle protection product, any authorized transferee or assignee of the purchaser, or any other person legally assuming the purchaser's rights under the vehicle protection product warranty. See Utah Code 31A-6a-101
• Whole long-term estate: means a person owns or persons through joint tenancy own real property through a fee estate. See Utah Code 61-1-13
• Working days: means 8 a. See Utah Code 61-1-13
• 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