Terms Used In Utah Code > Title 63L > Chapter 8 - Utah Public Land Management Act

• 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
• 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
• Amortization: Paying off a loan by regular installments.
• 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
• 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
• 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
• Arrest: Taking physical custody of a person by lawful authority.
• 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.
• Board: means the board created in Section 63L-9-104. See Utah Code 63L-8-102
• 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
• Casualty insurance: means liability insurance. See Utah Code 31A-1-301
• Commissioner: means the commissioner of the Department of Agriculture and Food, or the commissioner's designee. See Utah Code 63L-8-102
• 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
• 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
• Crop insurance: includes multiperil crop insurance. See Utah Code 31A-1-301
• Department: means the Insurance Department. See Utah Code 31A-1-301
• Designated home state: means the state or territory of the United States or the District of Columbia:
       (2)(a) in which an insurance producer, limited lines producer, consultant, managing general agent, or reinsurance intermediary licensee does not maintain the licensee's principal:

            (2)(a)(i) place of residence; or

            (2)(a)(ii) place of business;
       (2)(b) if the resident state, territory, or District of Columbia of the licensee does not license for the line of authority sought, the licensee has qualified for the license as if the person were a resident in the state, territory, or District of Columbia described in Subsection (2)(a), including an applicable:

            (2)(b)(i) examination requirement;

            (2)(b)(ii) fingerprint background check requirement; and

            (2)(b)(iii) continuing education requirement; and
       (2)(c) if the licensee has designated the state, territory, or District of Columbia as the designated home state. See Utah Code 31A-23a-102
• Director: means the director of the Department of Land Management or the director's designee. See Utah Code 63L-8-102
• 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
• DLM: means the Department of Land Management, created in Section 63L-9-102. See Utah Code 63L-8-102
• Donor: The person who makes a gift.
• 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
• 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
• Fraud: Intentional deception resulting in injury to another.
• Grazing permit: means a document, issued by the Department of Land Management, authorizing use of public land for the purpose of grazing domestic livestock. See Utah Code 63L-8-102
• 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
• Highway: includes :
       (15)(a) a public bridge;
       (15)(b) a county way;
       (15)(c) a county road;
       (15)(d) a common road; and
       (15)(e) a state road. See Utah Code 68-3-12.5
• Home state: means :
       (3)(a) a state or territory of the United States or the District of Columbia in which an insurance producer, limited lines producer, consultant, managing general agent, or reinsurance intermediary licensee:

            (3)(a)(i) maintains the licensee's principal:

                 (3)(a)(i)(A) place of residence; or

                 (3)(a)(i)(B) place of business; and

            (3)(a)(ii) is licensed to act as a resident licensee; or
       (3)(b) if the resident state, territory, or the District of Columbia described in Subsection (3)(a) does not license for the line of authority sought, a state, territory, or the District of Columbia:

            (3)(b)(i) in which the licensee is licensed;

            (3)(b)(ii) in which the licensee is in good standing; and

            (3)(b)(iii) that the licensee has designated as the licensee's designated home state. See Utah Code 31A-23a-102
• Individual: means a natural person. See Utah Code 31A-1-301
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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
• 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
• Land use authorization: means an easement, lease, permit, or license to occupy, use, or traverse public land granted for a particular purpose. See Utah Code 63L-8-102
• 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
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• 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
• Managing general agent: means a person that:
            (6)(a)(i) manages all or part of the insurance business of an insurer, including the management of a separate division, department, or underwriting office;
            (6)(a)(ii) acts as an agent for the insurer whether it is known as a managing general agent, manager, or other similar term;
            (6)(a)(iii) produces and underwrites an amount of gross direct written premium equal to, or more than, 5% of the policyholder surplus as reported in the last annual statement of the insurer in any one quarter or year:

                 (6)(a)(iii)(A) with or without the authority;

                 (6)(a)(iii)(B) separately or together with an affiliate; and

                 (6)(a)(iii)(C) directly or indirectly; and
            (6)(a)(iv)

                 (6)(a)(iv)(A) adjusts or pays claims in excess of an amount determined by the commissioner; or

                 (6)(a)(iv)(B) negotiates reinsurance on behalf of the insurer. See Utah Code 31A-23a-102
• Minerals: means all classes of inorganic material upon, within, or beneath the surface of public land, including silver, gold, copper, lead, zinc, uranium, gemstones, potash, gypsum, clay, salts, sand, rock, gravel, oil, oil shale, oil sands, gas, coal, and all carboniferous materials. See Utah Code 63L-8-102
• Month: means a calendar month, unless otherwise expressed. 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
• Multiple use: means :
       (9)(a) the management of the public land and the public land's various resource values so resources are best utilized in the combination that will meet the present and future needs of the citizens of Utah;
       (9)(b) making the most judicious use of land for some or all of the resources or related services over areas large enough to provide sufficient latitude for periodic adjustments in use to conform to changing needs and conditions;
       (9)(c) a combination of balanced and diverse resource uses that take into account the long-term needs of future generations for renewable and nonrenewable resources, including recreation, hunting, fishing, trapping, range, timber, minerals, watershed, wildlife and fish, and natural scenic, scientific, and historic values; and
       (9)(d) harmonious and coordinated management of the various resources without permanent impairment of the productivity of the land and the quality of the environment with consideration being given to the relative values of the resources. See Utah Code 63L-8-102
• Negotiate: means the act of conferring directly with or offering advice directly to a purchaser or prospective purchaser of a particular contract of insurance concerning a substantive benefit, term, or condition of the contract if the person engaged in that act:
       (7)(a) sells insurance; or
       (7)(b) obtains insurance from insurers for purchasers. See Utah Code 31A-23a-102
• Order: means an order of the commissioner. See Utah Code 31A-1-301
• 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 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
• 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.
• Policyholder: means a person who controls a policy, binder, or oral contract by ownership, premium payment, or otherwise. See Utah Code 31A-1-301
• Proceeding: includes an action or special statutory proceeding. See Utah Code 31A-1-301
• producer: means a person licensed or required to be licensed under the laws of this state to sell, solicit, or negotiate insurance. See Utah Code 31A-1-301
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• 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 land: means any land or land interest:
       (10)(a) acquired by the state from the federal government pursuant to Section 63L-6-103, except:

            (10)(a)(i) areas subsequently designated as a protected wilderness area, as described in Title 63L, Chapter 7, Utah Wilderness Act; and

            (10)(a)(ii) lands managed by the School and Institutional Trust Lands Administration pursuant to Title 53C, School and Institutional Trust Lands Management Act; or
       (10)(b) for which the state is given management responsibility from the federal government. See Utah Code 63L-8-102
• Rangeland: means open public land used for grazing domestic livestock. See Utah Code 63L-8-102
• 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
• Reinsurance intermediary: means :
       (8)(a) a reinsurance intermediary-broker; or
       (8)(b) a reinsurance intermediary-manager. See Utah Code 31A-23a-102
• Resident: is a s defined by rule made by the commissioner in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 31A-23a-102
• 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
• Sell: means to exchange a contract of insurance:
       (12)(a) by any means;
       (12)(b) for money or its equivalent; and
       (12)(c) on behalf of an insurance company. See Utah Code 31A-23a-102
• 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.
• Solicit: means :
       (13)(a) attempting to sell insurance;
       (13)(b) asking or urging a person to apply for:

            (13)(b)(i) a particular kind of insurance; and

            (13)(b)(ii) insurance from a particular insurance company;
       (13)(c) advertising insurance, including advertising for the purpose of obtaining leads for the sale of insurance; or
       (13)(d) holding oneself out as being in the insurance business. See Utah Code 31A-23a-102
• Statute: A law passed by a legislature.
• Surplus: means the excess of assets over the sum of paid-in capital and liabilities. See Utah Code 31A-1-301
• Sustained yield: means the achievement and maintenance in perpetuity of a high-level annual or regular periodic output of the various renewable resources of the public land consistent with multiple use. See Utah Code 63L-8-102
• Title examination: means a license subline of authority in conjunction with the title insurance line of authority that allows a person to issue title insurance commitments or policies on behalf of a title insurer. See Utah Code 31A-23a-102
• 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 marketing representative: means a person who:
       (16)(a) represents a title insurer in soliciting, requesting, or negotiating the placing of:

            (16)(a)(i) title insurance; or

            (16)(a)(ii) escrow services; and
       (16)(b) does not have a title examination or escrow license as provided in Section 31A-23a-106. See Utah Code 31A-23a-102
• Uniform application: means the version of the National Association of Insurance Commissioners' uniform application for resident and nonresident producer licensing at the time the application is filed. See Utah Code 31A-23a-102
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Wilderness: means the same as that term is defined in Section 63L-7-103. See Utah Code 63L-8-102