Terms Used In Utah Code > Title 31A > Chapter 21 > Part 3 - Specific Clauses in Contracts

• 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
• Administrator: means the same as that term is defined in Subsection (187). See Utah Code 31A-1-301
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• 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
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• 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
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Authority: means the same as that term is defined in Section 63B-1-303. See Utah Code 63C-25-101
• Board: means the governing board of the project entity. See Utah Code 63C-26-101
• board of directors: means the group of persons with responsibility over, or management of, a corporation, however designated. See Utah Code 31A-1-301
• Bond: means the same as that term is defined in Section 63B-1-101. See Utah Code 63C-25-101
• Bonding government entity: includes :
            (3)(b)(i) a bonding political subdivision; and
            (3)(b)(ii) a public infrastructure district that is authorized to issue bonds either directly, or through the authority of a bonding political subdivision or other governmental entity. See Utah Code 63C-25-101
• Bonding political subdivision: means :
       (4)(a) the Utah Inland Port Authority, created in Section 11-58-201;
       (4)(b) the Military Installation Development Authority, created in Section 63H-1-201;
       (4)(c) the Point of the Mountain State Land Authority, created in Section 11-59-201;
       (4)(d) the Utah Lake Authority, created in Section 11-65-201;
       (4)(e) the State Fair Park Authority, created in Section 11-68-201; or
       (4)(f) the Utah Fairpark Area Investment and Restoration District, created in Section 11-70-201. See Utah Code 63C-25-101
• 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
• Commission: means the Outdoor Adventure Commission created in Section 63C-21-201. See Utah Code 63C-21-102
• Commission: means the State Finance Review Commission created in Section 63C-25-201. See Utah Code 63C-25-101
• Commission: means the Utah Privacy Commission created in Section 63C-24-201. See Utah Code 63C-24-102
• Commission: means the Cybersecurity Commission created in this chapter. See Utah Code 63C-27-101
• Committee: means the Education and Mental Health Coordinating Committee created in Section 63C-23-201. See Utah Code 63C-23-102
• committee: means the Utah Population Committee created by this chapter. See Utah Code 63C-20-102
• Committee: means the Project Entity Oversight Committee created in Section 63C-26-201. See Utah Code 63C-26-101
• 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.
• Concessionaire: means a person who:
       (6)(a) operates, finances, maintains, or constructs a government facility under a contract with a bonding political subdivision; and
       (6)(b) is not a bonding government entity. See Utah Code 63C-25-101
• Concessionaire contract: means a contract:
       (7)(a) between a bonding government entity and a concessionaire for the operation, finance, maintenance, or construction of a government facility;
       (7)(b) that authorizes the concessionaire to operate the government facility for a term of five years or longer, including any extension of the contract; and
       (7)(c) in which all or some of the annual source of payment to the concessionaire comes from state funds provided to the bonding government entity. See Utah Code 63C-25-101
• Contract: A legal written agreement that becomes binding when signed.
• Creating entity: means the same as that term is defined in Section 17D-4-102. See Utah Code 63C-25-101
• 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
• Department: means the Insurance Department. See Utah Code 31A-1-301
• Disability: means a physiological or psychological condition that partially or totally limits an individual's ability to:
       (51)(a) perform the duties of:

            (51)(a)(i) that individual's occupation; or

            (51)(a)(ii) an occupation for which the individual is reasonably suited by education, training, or experience; or
       (51)(b) perform two or more of the following basic activities of daily living:

            (51)(b)(i) eating;

            (51)(b)(ii) toileting;

            (51)(b)(iii) transferring;

            (51)(b)(iv) bathing; or

            (51)(b)(v) dressing. See Utah Code 31A-1-301
• Endorsement: means a written agreement attached to a policy or certificate to modify the policy or certificate coverage. 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.
• 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
• 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.
• 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
• Governing board: means the Utah Privacy Governing Board created in Section 63A-9-201. See Utah Code 63C-24-102
• Government facility: means infrastructure, improvements, or a building that:
       (9)(a) costs more than $5,000,000 to construct; and
       (9)(b) has a useful life greater than five years. See Utah Code 63C-25-101
• Governmental entity: means the same as that term is defined in Section 63G-2-103. See Utah Code 63C-24-102
• 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
• 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
• 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}
• Individual: means a natural person. 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
• 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
• 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}
• 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
• Large public transit district: means the same as that term is defined in Section 17B-2a-802. See Utah Code 63C-25-101
• License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
• 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
• Loan entity: means the board, person, unit, or agency with legal responsibility for making a loan from a revolving loan fund. See Utah Code 63C-25-101
• Local mental health authority: means a local mental health authority described in Section 17-43-301. See Utah Code 63C-23-102
• Local substance abuse authority: means a local substance abuse authority described in Section 17-43-201. See Utah Code 63C-23-102
• 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
• Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• 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.
• Obligation: means the same as that term is defined in Section 63B-1-303. See Utah Code 63C-25-101
• Office: means the Office of Data Privacy created in Section 63A-19-301. See Utah Code 63C-24-102
• Order: means an order of the commissioner. See Utah Code 31A-1-301
• Oversight: Committee review of the activities of a Federal agency or program.
• Parameters resolution: means a resolution of a bonding government entity that sets forth for proposed bonds:
       (13)(a) the maximum:

            (13)(a)(i) amount of bonds;

            (13)(a)(ii) term; and

            (13)(a)(iii) interest rate; and
       (13)(b) the expected security for the bonds. See Utah Code 63C-25-101
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Person: includes :
       (146)(a) an individual;
       (146)(b) a partnership;
       (146)(c) a corporation;
       (146)(d) an incorporated or unincorporated association;
       (146)(e) a joint stock company;
       (146)(f) a trust;
       (146)(g) a limited liability company;
       (146)(h) a reciprocal;
       (146)(i) a syndicate; or
       (146)(j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
• Personal data: means the same as that term is defined in Section 63A-19-101. See Utah Code 63C-24-102
• 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
• Policy: includes a service contract issued by:
            (150)(b)(i) a motor club under Chapter 11, Motor Clubs;
            (150)(b)(ii) a service contract provided under Chapter 6a, Service Contracts; and
            (150)(b)(iii) a corporation licensed under:

                 (150)(b)(iii)(A) Chapter 7, Nonprofit Health Service Insurance Corporations; or

                 (150)(b)(iii)(B) Chapter 8, Health Maintenance Organizations and Limited Health Plans. See Utah Code 31A-1-301
• Policyholder: means a person who controls a policy, binder, or oral contract by ownership, premium payment, or otherwise. See Utah Code 31A-1-301
• 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}
• 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
• Privacy practice: includes :
            (7)(b)(i) a technology use related to personal data; and
            (7)(b)(ii) policies related to the protection, storage, sharing, and retention of personal data. See Utah Code 63C-24-102
• 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
• Project entity: means the same as that term is defined in Section 11-13-103. See Utah Code 63C-26-101
• 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
• Public infrastructure district: means a public infrastructure district created under Title 17D, Chapter 4, Public Infrastructure District Act. See Utah Code 63C-25-101
• Quorum: The number of legislators that must be present to do business.
• 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
• 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
• 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.
• 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.
• Revolving loan fund: means :
       (15)(a) the Water Resources Conservation and Development Fund, created in Section 73-10-24;
       (15)(b) the Water Resources Construction Fund, created in Section 73-10-8;
       (15)(c) the Water Resources Cities Water Loan Fund, created in Section 73-10-22;
       (15)(d) the Clean Fuel Conversion Funds, created in Title 19, Chapter 1, Part 4, Clean Fuels and Emission Reduction Technology Program Act;
       (15)(e) the Water Development Security Fund and its subaccounts, created in Section 73-10c-5;
       (15)(f) the Agriculture Resource Development Fund, created in Section 4-18-106;
       (15)(g) the Utah Rural Rehabilitation Fund, created in Section 4-19-105;
       (15)(h) the Permanent Community Impact Fund, created in Section 35A-8-303;
       (15)(i) the Petroleum Storage Tank Fund, created in Section 19-6-409;
       (15)(j) the School Building Revolving Account, created in Section 53F-9-206;
       (15)(k) the State Infrastructure Bank Fund, created in Section 72-2-202;
       (15)(l) the Uintah Basin Revitalization Fund, created in Section 35A-8-1602;
       (15)(m) the Navajo Revitalization Fund, created in Section 35A-8-1704;
       (15)(n) the Energy Efficiency Fund, created in Section 11-45-201;
       (15)(o) the Brownfields Fund, created in Section 19-8-120;
       (15)(p) any of the enterprise revolving loan funds created in Section 63A-3-402: and
       (15)(q) any other revolving loan fund created in statute where the borrower from the revolving loan fund is a public non-profit entity or political subdivision, including a fund listed in Section 63A-3-205, from which a loan entity is authorized to make a loan. See Utah Code 63C-25-101
• 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
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• State funds: means an appropriation by the Legislature identified as coming from the General Fund or Education Fund. See Utah Code 63C-25-101
• 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.
• Strategic plan: means the strategic plan developed in Section 63C-21-202. See Utah Code 63C-21-102
• Surplus: means the excess of assets over the sum of paid-in capital and liabilities. See Utah Code 31A-1-301
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• 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