Terms Used In Utah Code > Title 65A > Chapter 8a - Utah Forest Practices Act

• Affiliate: means a person who controls, is controlled by, or is under common control with, another person. See Utah Code 31A-1-301
• Association: means the Utah Life and Health Insurance Guaranty Association continued under Section 31A-28-106. See Utah Code 31A-28-105
• Board of directors: means the board of directors established under Section 31A-28-107. See Utah Code 31A-28-105
• 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
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Commercial tree species: means :
       (1)(a) Abies concolor (white fir);
       (1)(b) Abies lasiocarpa (subalpine fir);
       (1)(c) Juniperus osteosperma (Utah juniper);
       (1)(d) Juniperus scopulorum (Rocky Mountain juniper);
       (1)(e) Picea engelmannii (Engelmann spruce);
       (1)(f) Picea pungens (blue spruce);
       (1)(g) Pinus contorta (lodgepole pine);
       (1)(h) Pinus edulis (pion pine);
       (1)(i) Pinus flexilis (limber pine);
       (1)(j) Pinus longaeva (bristlecone pine);
       (1)(k) Pinus monophylla (singleleaf pion);
       (1)(l) Pinus ponderosa (ponderosa pine);
       (1)(m) Populous tremuloides (quaking aspen);
       (1)(n) Pseudotsuga menziesii (Douglas fir); or
       (1)(o) Quercus gambelii (gambel oak). See Utah Code 65A-8a-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• contract owner: means a person who:
            (16)(a)(i) is identified as the legal owner under the terms of the policy or contract; or
            (16)(a)(ii) is otherwise vested with legal title to the policy or contract through a valid assignment:

                 (16)(a)(ii)(A) completed in accordance with the terms of the policy or contract; and

                 (16)(a)(ii)(B) properly recorded as the owner on the books of the insurer. See Utah Code 31A-28-105
• Department: means the Insurance Department. See Utah Code 31A-1-301
• Division: means the Division of Forestry, Fire, and State Lands. See Utah Code 65A-1-1
• Enrollee: includes an insured. 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.
• 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.
• Forest Water Quality Guidelines: means the field-applicable practice guidelines adopted by the division for use during forestry activities to protect water quality and contained within a nonpoint source management plan. See Utah Code 65A-8a-102
• Forested land: means land, except land owned by the federal government or located within an incorporated city, growing commercial tree species that are, or could be at maturity, capable of furnishing raw material used in the manufacture of lumber or other forest products. See Utah Code 65A-8a-102
• 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
• Germane: On the subject of the pending bill or other business; a strict standard of relevance.
• Impaired insurer: means a member insurer that is not an insolvent insurer and:
       (12)(a) is considered by the commissioner to be hazardous pursuant to this title; or
       (12)(b) is placed under an order of rehabilitation or conservation by a court of competent jurisdiction. See Utah Code 31A-28-105
• 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
• Insured: means a person to whom or for whose benefit an insurer makes a promise in an insurance policy and includes:
            (103)(a)(i) a policyholder;
            (103)(a)(ii) a subscriber;
            (103)(a)(iii) a member; and
            (103)(a)(iv) a beneficiary. See Utah Code 31A-1-301
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Land: includes :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• Landowner: means a person who holds an ownership interest in forested land. See Utah Code 65A-8a-102
• Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301
• Member insurer: includes an insurer whose license or certificate of authority in this state may have been:
            (14)(b)(i) suspended;
            (14)(b)(ii) revoked;
            (14)(b)(iii) not renewed; or
            (14)(b)(iv) voluntarily withdrawn. See Utah Code 31A-28-105
• Operator: means a person who:
       (6)(a) is responsible for conducting forest practices; or
       (6)(b) through a contractual agreement with the landowner, is obligated to or entitled to conduct forest practices or to carry out a timber sale. See Utah Code 65A-8a-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
• 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
• 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
• 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
• 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:
       (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
• 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
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• Wildland: means an area where:
       (9)(a) development is essentially non-existent, except for roads, railroads, powerlines, or similar transportation facilities; and
       (9)(b) structures, if any, are widely scattered. See Utah Code 65A-1-1
• Wildland-urban interface: means the zone where structures and other human development meets, or intermingles with, undeveloped wildland. See Utah Code 65A-8a-102