Terms Used In Utah Code > Title 31A > Chapter 37 > Part 5 - Department Enforcement

• Administrator: means the deputy state treasurer assigned by the state treasurer. See Utah Code 67-4a-102
• 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
• Alien captive insurance company: means an insurer:
       (2)(a) formed to write insurance business for a parent or affiliate of the insurer; and
       (2)(b) licensed pursuant to the laws of an alien or foreign jurisdiction that imposes statutory or regulatory standards:

            (2)(b)(i) on a business entity transacting the business of insurance in the alien or foreign jurisdiction; and

            (2)(b)(ii) in a form acceptable to the commissioner. See Utah Code 31A-37-102
• Apparent owner: means a person whose name appears on the records of a holder as the owner of property held, issued, or owing by the holder. See Utah Code 67-4a-102
• 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
• Branch business: means an insurance business transacted by a branch captive insurance company in this state. See Utah Code 31A-37-102
• Branch captive insurance company: means an alien captive insurance company that has a certificate of authority from the commissioner to transact the business of insurance in this state through a captive insurance company that is domiciled outside of this state. See Utah Code 31A-37-102
• Captive insurance company: includes any of the following formed or holding a certificate of authority under this chapter:
            (9)(b)(i) a branch captive insurance company;
            (9)(b)(ii) a pure captive insurance company;
            (9)(b)(iii) an association captive insurance company;
            (9)(b)(iv) a sponsored captive insurance company;
            (9)(b)(v) an industrial insured captive insurance company, including an industrial insured captive insurance company formed as a risk retention group captive in this state pursuant to the provisions of the Federal Liability Risk Retention Act of 1986;
            (9)(b)(vi) a special purpose captive insurance company; or
            (9)(b)(vii) a special purpose financial captive insurance company. See Utah Code 31A-37-102
• 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
• Commissioner: means Utah's Insurance Commissioner or the commissioner's designee. See Utah Code 31A-37-102
• Confidential information: means records, reports, and information that is confidential under Section 67-4a-1402. See Utah Code 67-4a-102
• Contract: A legal written agreement that becomes binding when signed.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Utah Code 67-4a-102
• 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
• 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.
• Fraud: Intentional deception resulting in injury to another.
• Holder: means a person obligated to hold for the account of, or to deliver or pay to, the owner property subject to this chapter. See Utah Code 67-4a-102
• 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
• 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
• Insured: means a person to whom or for whose benefit an insurer makes a promise in an insurance policy and includes:
            (103)(a)(i) a policyholder;
            (103)(a)(ii) a subscriber;
            (103)(a)(iii) a member; and
            (103)(a)(iv) a beneficiary. See Utah Code 31A-1-301
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Mineral: includes :
            (21)(b)(i) building stone;
            (21)(b)(ii) cement material;
            (21)(b)(iii) chemical raw material;
            (21)(b)(iv) coal;
            (21)(b)(v) colloidal and other clay;
            (21)(b)(vi) fissionable and nonfissionable ore;
            (21)(b)(vii) gas;
            (21)(b)(viii) gemstone;
            (21)(b)(ix) gravel;
            (21)(b)(x) lignite;
            (21)(b)(xi) oil;
            (21)(b)(xii) oil shale;
            (21)(b)(xiii) other gaseous liquid or solid hydrocarbon;
            (21)(b)(xiv) road material;
            (21)(b)(xv) sand;
            (21)(b)(xvi) steam and other geothermal resources;
            (21)(b)(xvii) sulphur; and
            (21)(b)(xviii) uranium. See Utah Code 67-4a-102
• Mineral proceeds: includes an amount payable:
            (22)(b)(i) for the acquisition and retention of a mineral lease, including a bonus, royalty, compensatory royalty, shut-in royalty, minimum royalty, or delay rental;
            (22)(b)(ii) for the extraction, production, or sale of minerals, including a net revenue interest, royalty, overriding royalty, extraction payment, or production payment; and
            (22)(b)(iii) under an agreement or option, including a joint-operating agreement, unit agreement, pooling agreement, and farm-out agreement. See Utah Code 67-4a-102
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• 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.
• Order: means an order of the commissioner. See Utah Code 31A-1-301
• Owner: includes :
            (26)(b)(i) a depositor, for a deposit;
            (26)(b)(ii) a beneficiary, for a trust other than a deposit in trust;
            (26)(b)(iii) a creditor, claimant, or payee, for other property; and
            (26)(b)(iv) the lawful bearer of a record that may be used to obtain money, a reward, or a thing of value. See Utah Code 67-4a-102
• Parent: means a person that directly or indirectly owns, controls, or holds with power to vote more than 50% of the outstanding securities of an organization. See Utah Code 31A-37-102
• 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 :
       (28)(a) an individual;
       (28)(b) an estate;
       (28)(c) a business association;
       (28)(d) a public corporation;
       (28)(e) a government entity;
       (28)(f) an agency;
       (28)(g) a trust;
       (28)(h) an instrumentality; or
       (28)(i) any other legal or commercial entity. See Utah Code 67-4a-102
• personal information: means :
       (1)(a) information that identifies or reasonably can be used to identify an individual, such as first and last name in combination with the individual's:

            (1)(a)(i) social security number or other government-issued number or identifier;

            (1)(a)(ii) date of birth;

            (1)(a)(iii) home or physical address;

            (1)(a)(iv) electronic mail address or other online contact information or Internet provider address;

            (1)(a)(v) financial account number or credit or debit card number;

            (1)(a)(vi) biometric data, health or medical data, or insurance information; or

            (1)(a)(vii) passwords or other credentials that permit access to an online or other account;
       (1)(b) personally identifiable financial or insurance information, including nonpublic personal information defined by applicable federal law; and
       (1)(c) any combination of data that, if accessed, disclosed, modified, or destroyed without authorization of the owner of the data, or if lost or misused, would require notice or reporting under Section 13-44-202 and federal privacy and data security law, regardless of whether the administrator or the administrator's agent is subject to the law. See Utah Code 67-4a-1401
• 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
• Property: includes :
            (29)(b)(i) all income from or increments to the property;
            (29)(b)(ii) property referred to as or evidenced by:

                 (29)(b)(ii)(A) money, virtual currency, interest, or a dividend, check, draft, or deposit;

                 (29)(b)(ii)(B) a credit balance, customer's overpayment, stored-value card, payroll card, security deposit, refund, credit memorandum, unpaid wage, unused ticket for which the issuer has an obligation to provide a refund, mineral proceeds, or unidentified remittance; and

                 (29)(b)(ii)(C) a security except for:

                      (29)(b)(ii)(C)(I) a worthless security; or

                      (29)(b)(ii)(C)(II) a security that is subject to a lien, legal hold, or restriction evidenced on the records of the holder or imposed by operation of law, if the lien, legal hold, or restriction restricts the holder's or owner's ability to receive, transfer, sell, or otherwise negotiate the security;
            (29)(b)(iii) a bond, debenture, note, or other evidence of indebtedness;
            (29)(b)(iv) money deposited to redeem a security, make a distribution, or pay a dividend;
            (29)(b)(v) an amount due and payable under an annuity contract or insurance policy;
            (29)(b)(vi) an amount distributable from a trust or custodial fund established under a plan to provide health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit-sharing, employee-savings, supplemental-unemployment insurance, or a similar benefit; and
            (29)(b)(vii) an amount held under a preneed funeral or burial contract, other than a contract for burial rights or opening and closing services, where the contract has not been serviced following the death or the presumed death of the beneficiary. See Utah Code 67-4a-102
• Protected cell: means a separate account established and maintained by a sponsored captive insurance company for one participant. See Utah Code 31A-37-102
• Pure captive insurance company: means a business entity that insures risks of a parent or affiliate of the business entity. See Utah Code 31A-37-102
• Putative holder: means a person believed by the administrator to be a holder, until:
       (30)(a) the person pays or delivers to the administrator property subject to this chapter; or
       (30)(b) the administrator or a court makes a final determination that the person is or is not a holder. See Utah Code 67-4a-102
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 67-4a-102
• Security: means :
       (32)(a) a security as defined in Revised Article 8 of the Uniform Commercial Code; or
       (32)(b) a security entitlement as defined in Revised Article 8 of the Uniform Commercial Code, including a customer security account held by a registered broker-dealer, to the extent the financial assets held in the security account are not:

            (32)(b)(i) registered on the books of the issuer in the name of the person for which the broker-dealer holds the assets;

            (32)(b)(ii) payable to the order of the person;

            (32)(b)(iii) specifically endorsed to the person; or

            (32)(b)(iv) an equity interest in a business association not included in this Subsection (32). See Utah Code 67-4a-102
• 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.
• State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 67-4a-102
• 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
• Subpoena: A command to a witness to appear and give testimony.
• 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