Sections
Article 1 Licenses and Regulation 6-1201 – 6-1218
Article 2 Money Laundering 6-1241 – 6-1242

Terms Used In Arizona Laws > Title 6 > Chapter 12

  • Account: means any one of the three accounts within the Arizona property and casualty insurance guaranty fund. See Arizona Laws 20-661
  • Account: means any of the three accounts established pursuant to section 20-683. See Arizona Laws 20-681
  • Accredited state: means a state in which the insurance department or other regulatory agency has qualified as meeting the minimum financial regulatory standards that are adopted and established by the national association of insurance commissioners. See Arizona Laws 20-487
  • Act: means a bodily movement. See Arizona Laws 3-1703
  • Actuarial opinion: means the opinion of an appointed actuary regarding the adequacy of the reserves and related actuarial items that is based on an asset adequacy analysis conducted pursuant to section 20-696. See Arizona Laws 20-696.01
  • Actuarial standards board: means the board that is established by the American academy of actuaries to develop and promulgate actuarial standards of practice. See Arizona Laws 20-696.01
  • Actuary: means a person who is a member in good standing of the American academy of actuaries. See Arizona Laws 20-486
  • Adjusted RBC report: means a report that has been adjusted by the director in accordance with section 20-488. See Arizona Laws 20-488
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Alternative fuel: means :

    (a) Electricity. See Arizona Laws 1-215

  • 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.
  • Amortization: Paying off a loan by regular installments.
  • Annual statement: means the statement that an insurer annually files with the director pursuant to section 20-223. See Arizona Laws 20-696.01
  • 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.
  • Appointed actuary: means an individual who is appointed or retained pursuant to section 20-696. See Arizona Laws 20-696.01
  • Appraisal: A determination of property value.
  • Area C: means that portion of Pinal county lying west of range 11 east, excluding that portion of the county lying within area A as defined in section 49-541 and that portion of the county within the jurisdiction of any Indian tribe, band, group or community that is recognized by the United States secretary of the interior and that exercises governmental authority within the limits of any Indian reservation under the jurisdiction of the United States government, notwithstanding the issuance of any patent and including rights-of-way running through the reservation. See Arizona Laws 3-3401
  • Arrest: Taking physical custody of a person by lawful authority.
  • Asset adequacy analysis: means an analysis that meets the standards and other requirements prescribed pursuant to section 20-696. See Arizona Laws 20-696.01
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Associate director: means the associate director of the division. See Arizona Laws 3-3401
  • Association or order: means any association or order that is a nonprofit military mutual aid association, whose members are officers or enlisted, regular or reserve, active, retired or honorably discharged members of the armed forces or sea services of the United States, and whose principal purpose is to provide life insurance and annuities to its members and their dependents or beneficiaries. See Arizona Laws 20-861
  • Attorney: as used in this article refers to the attorney-in-fact of a reciprocal insurer. See Arizona Laws 20-767
  • 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.
  • Authorized: means , when used in the context of assessments pursuant to this article, an assessment for a specified amount approved by the board of directors to be called immediately or in the future from member insurers. See Arizona Laws 20-681
  • Authorized control level event: means any of the following events:

    (a) The filing of an RBC report by the insurer indicating that the insurer's total adjusted capital is more than or equal to its mandatory control level RBC but less than its authorized control level RBC. See Arizona Laws 20-488

  • Authorized delegate: means a person designated by the licensee under section 6-1208. See Arizona Laws 6-1201
  • Bank: means a corporation that holds a banking permit issued pursuant to chapter 2 of this title. See Arizona Laws 6-101
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • 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
  • Benefit: means anything of value or advantage, present or prospective. See Arizona Laws 3-1703
  • Benefit contract: means an agreement for the provision of benefits. See Arizona Laws 20-861
  • Benefit member: means an adult who is a member of a fraternal benefit society and who is designated by the laws or rules of the society to be a benefit member under a benefit contract. See Arizona Laws 20-861
  • Biodiesel: means a mono-alkyl ester that meets ASTM D6751. See Arizona Laws 3-3401
  • Biodiesel blend: means a motor fuel that is composed of biodiesel and diesel fuel and that is designated by the letter "B" followed by the numeric value of the volume percentage of biodiesel in the blend. See Arizona Laws 3-3401
  • Biofuel: means a solid, liquid or gaseous fuel that is derived from biomass and that can be used directly for heating or power or as a blend component in motor fuel. See Arizona Laws 3-3401
  • Biomass: means biological material, such as plant or animal matter, excluding organic material that has been transformed by geological processes into substances such as coal or petroleum or derivatives thereof, that may be transformed into biofuel. See Arizona Laws 3-3401
  • Biomass-based diesel: means a diesel fuel substitute produced from nonpetroleum renewable resources that meets the registration requirements for fuels and fuel additives established by the United States environmental protection agency under 42 United States Code 7545 and includes fuel derived from animal wastes, including poultry wastes and other waste materials, municipal solid waste and sludge and oil derived from wastewater and the treatment of wastewater. See Arizona Laws 3-3401
  • Biomass-based diesel blend: means a blend of petroleum-based diesel fuel with biomass-based diesel. See Arizona Laws 3-3401
  • Board: means the guaranty fund board. See Arizona Laws 20-661
  • Branch: means any banking office other than the principal banking office. See Arizona Laws 6-101
  • Called: means , when used in the context of assessments pursuant to this article, an authorized assessment for which a notice has been issued by the fund to member insurers requiring payment within the time set forth in the notice. See Arizona Laws 20-681
  • Certificate: means a document that is issued as written evidence of the benefit contract. See Arizona Laws 20-861
  • Certification: means the process of determining the accuracy of a commercial device to the standards of this state by a registered service representative or the division. See Arizona Laws 3-3401
  • 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.
  • Check cashing: means exchanging for compensation a check, debit card payment order, draft, money order, traveler's check or payment instrument of a licensee for money delivered to the presenter at the time and place of the presentation. See Arizona Laws 6-1201
  • Clean air act: means the clean air act of 1963 (P. See Arizona Laws 3-3511
  • Commercial device: means any weighing, measuring, metering or counting device that is used to determine the direct cost of things sold or offered or exposed for sale, or used to establish a fee for service if the cost is based on weight, measure or count, except that it does not include those devices used for in-house packaging, inventory control or law enforcement purposes. See Arizona Laws 3-3401
  • commission: means the department of insurance. See Arizona Laws 20-101
  • Commodity: means any merchandise, product or substance produced or distributed for sale to or use by others. See Arizona Laws 3-3401
  • 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.
  • Company: means an insurer, fraternal benefit society or reinsurer that is subject to this article pursuant to section 20-696. See Arizona Laws 20-696.01
  • Company action level event: means any of the following:

    (a) The filing of an RBC report by an insurer indicating either that:

    (i) The insurer's total adjusted capital is more than or equal to its regulatory action level RBC but less than its company action level RBC. See Arizona Laws 20-488

  • Conduct: means an act or omission and its accompanying culpable mental state. See Arizona Laws 3-1703
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contractual obligation: means an obligation under a covered policy or contract for which coverage is provided pursuant to this article. See Arizona Laws 20-681
  • Control: means ownership of fifteen per cent or more of a licensee or controlling person, or the power to vote fifteen per cent or more of the outstanding voting securities of a licensee or controlling person. See Arizona Laws 6-1201
  • Controlled insurer: means a licensed insurer who is controlled by a producer. See Arizona Laws 20-487
  • Controlling person: means a person directly or indirectly in control of a licensee. See Arizona Laws 6-1201
  • Controlling person: means a person, firm, association or corporation that directly or indirectly has the power to direct or cause to be directed the management, control or activities of the reinsurance intermediary. See Arizona Laws 20-486
  • Controlling producer: means a producer who controls, directly or indirectly, an insurer. See Arizona Laws 20-487
  • Corrective order: means an order that is issued by the director and that specifies corrective actions that the director has determined are required. See Arizona Laws 20-488
  • Covered claim: means an unpaid claim, including one for unearned premium, which arises out of and is within the coverage of an insurance policy to which this article applies issued by an insurer, if such insurer becomes an insolvent insurer after August 27, 1977 and the claimant or insured is a resident of this state at the time of the insured event or the property from which the claim arises is permanently located in this state. See Arizona Laws 20-661
  • covered policy: means a policy or contract or part of a policy or contract for which coverage is provided pursuant to this article. See Arizona Laws 20-681
  • Crime: means a misdemeanor or a felony. See Arizona Laws 3-1703
  • Cross examine: Questioning of a witness by the attorney for the other side.
  • Dangerous instrument: means anything that under the circumstances in which it is used, attempted to be used or threatened to be used is readily capable of causing death or serious physical injury. See Arizona Laws 3-1703
  • Deadly weapon: means anything designed for lethal use, including a firearm. See Arizona Laws 3-1703
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: means the department of insurance. See Arizona Laws 20-822
  • Department: means the Arizona department of agriculture. See Arizona Laws 3-101
  • Department: means the department of financial institutions. See Arizona Laws 6-101
  • Dependent: A person dependent for support upon another.
  • Devise: To gift property by will.
  • Diesel fuel: means a refined middle distillate that is used as a fuel in a compression-ignition internal combustion engine and that meets the specifications of ASTM D975. See Arizona Laws 3-3401
  • Director: means the director of the department of insurance. See Arizona Laws 20-822
  • Director: means the director of the department. See Arizona Laws 3-101
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Division: means the weights and measures services division of the department. See Arizona Laws 3-3401
  • Domestic insurer: means a life or health insurer, or both, a property or casualty insurer, or both, or a health organization that is authorized to transact insurance business in this state and that is organized in this state. See Arizona Laws 20-488
  • Engage in the business: means conducting activities regulated under this chapter more than ten times in any calendar year for compensation or in the expectation of compensation. See Arizona Laws 6-1201
  • Enterprise: means any person under the jurisdiction of the department other than a financial institution. See Arizona Laws 6-101
  • 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.
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • 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.
  • 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 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
  • Felony: means an offense for which a sentence to a term of imprisonment in the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 3-1703
  • Financial institution: means banks, trust companies, savings and loan associations, credit unions, consumer lenders, international banking facilities and financial institution holding companies under the jurisdiction of the department. See Arizona Laws 6-101
  • Fleet owner: means a registered owner or lessee of at least twenty-five vehicles. See Arizona Laws 3-3401
  • 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 a life or health insurer, or both, a property or casualty insurer, or both, or a health organization that is authorized to transact insurance business in this state but that is not domiciled in this state. See Arizona Laws 20-488
  • Foreign money exchange: means exchanging for compensation money of the United States government or a foreign government to or from money of another government at a conspicuously posted exchange rate at the time and place of the presentation of the money to be exchanged. See Arizona Laws 6-1201
  • Fraternal benefit society: means a society, order or supreme lodge without capital stock, including an incorporated or unincorporated society that is exempt under section 20-893, that is conducted solely for the benefit of its members and their beneficiaries, is not for profit, operates on a lodge system with a ritualistic form of work, has a representative form of government and provides benefits according to this article. See Arizona Laws 20-861
  • Fraud: Intentional deception resulting in injury to another.
  • Fund: means the Arizona property and casualty insurance guaranty fund. See Arizona Laws 20-661
  • Fund: means the life and disability insurance guaranty fund. See Arizona Laws 20-681
  • Gasoline: means a volatile, highly flammable liquid mixture of hydrocarbons that does not contain more than five one-hundredths grams of lead for each United States gallon, that is produced, refined, manufactured, blended, distilled or compounded from petroleum, natural gas, oil, shale oils or coal and other flammable liquids free from undissolved water, sediment or suspended matter, with or without additives, and that is commonly used as a fuel for spark-ignition internal combustion engines. See Arizona Laws 3-3401
  • Gasoline dispensing site: means any site where gasoline is dispensed into a motor vehicle fuel tank from any stationary storage vessel. See Arizona Laws 3-3511
  • Gasoline provider: means any manufacturer of gasoline or any person who imports gasoline into a vehicle emissions control area by means of a pipeline or in truckload quantities for the person's own use within the vehicle emissions control area or any person who sells gasoline intended for ultimate consumption within a vehicle emissions control area. See Arizona Laws 3-3401
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Government: means the state, any political subdivision of the state or any department, agency, board, commission, institution or governmental instrumentality of or within the state or political subdivision. See Arizona Laws 3-1703
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • guaranteed investment contract: means any unallocated group contract, investment contract, funding agreement, guaranteed interest contract or other similar instrument by whatever name in which an insurance company agrees to guarantee a fixed or variable rate of interest or a future payment that is based on an index or any other similar criteria, that is payable at a predetermined date on monies that are deposited with the insurance company and that is not dependent on the continuance of human life. See Arizona Laws 20-208
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Health organization: means a hospital service corporation, medical service corporation, dental service corporation or optometric service corporation or a hospital, medical, dental and optometric service corporation that has a certificate of authority pursuant to chapter 4, article 3 of this title, a prepaid dental plan organization that has a certificate of authority pursuant to chapter 4, article 7 of this title or a health care services organization that has a certificate of authority pursuant to chapter 4, article 9 of this title. See Arizona Laws 20-488
  • Historical prior felony conviction: means :

    (a) Any prior felony conviction for which the offense of conviction either:

    (i) Mandated a term of imprisonment except for a violation of chapter 34 of this title involving a drug below the threshold amount. See Arizona Laws 3-1703

  • Holocaust victim: means a person who was killed or injured or who lost real or personal property or financial assets as the result of discriminatory laws, policies or actions directed against a discrete group of which the person was a member, during the period beginning in 1920 through 1945, in Germany, areas occupied by Germany or countries allied with Germany. See Arizona Laws 20-490
  • Impaired insurer: means a member insurer that is not an insolvent insurer and that is placed under an order of rehabilitation or conservation by a court of competent jurisdiction. See Arizona Laws 20-681
  • 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
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Insolvent insurer: means an insurer that is licensed to transact insurance in this state either at the time the policy was issued or when the insured event occurred and against whom an order of liquidation with a finding of insolvency has been entered after September 19, 2007 by a court of competent jurisdiction in the insurer's state of domicile or by this state pursuant to section 20-623, and the order of liquidation has not been stayed or been the subject of a writ of supersedeas or other comparable order. See Arizona Laws 20-661
  • Insolvent insurer: means a member insurer that is placed under an order of liquidation with a finding of insolvency by a court of competent jurisdiction. See Arizona Laws 20-681
  • Inspector: means a state official of the division. See Arizona Laws 3-3401
  • Insurance policy: includes a life insurance policy, an annuity, a property insurance policy, a casualty insurance policy, a liability insurance policy and reinsurance on a risk covered under such a policy. See Arizona Laws 20-490
  • Insurer: means a person, firm, association or corporation licensed to transact insurance business in this state. See Arizona Laws 20-486
  • insurer: means a person, firm, association or corporation that is duly licensed to transact property or casualty insurance business in this state. See Arizona Laws 20-487
  • 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
  • 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.
  • Knowingly: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 3-1703
  • Laws: means the articles of incorporation, constitution and bylaws of the society. See Arizona Laws 20-861
  • 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
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Licensed producer: means an insurance producer or reinsurance intermediary who is licensed pursuant to this title. See Arizona Laws 20-486
  • Licensee: means a person licensed under this chapter. See Arizona Laws 6-1201
  • Life or health insurer: means an insurer authorized to transact life insurance, annuities or accident and health insurance in this state, a fraternal benefit society or an authorized property or casualty insurer writing only accident and health insurance, but does not include a health organization. See Arizona Laws 20-488
  • Location: means a place of business at which activity regulated by this chapter occurs. See Arizona Laws 6-1201
  • Lodge: means a subordinate member of the society, including any camp, court, council, branch or other designated unit. See Arizona Laws 20-861
  • Mandatory control level event: means any of the following:

    (a) The filing of an RBC report by the insurer indicating that the insurer's total adjusted capital is less than its mandatory control level RBC. See Arizona Laws 20-488

  • Member: means an individual who is enrolled in a group prepaid dental plan as a principal subscriber together with such person's dependents who are entitled to dental care services under the plan solely because of their status as dependents of the principal subscriber. See Arizona Laws 20-1001
  • Member insurer: means any person who writes any kind of insurance, unless such writing is restricted solely to life, title, surety, disability, credit, mortgage guaranty, ocean-marine or surplus lines insurance, including the exchange of reciprocal or inter-insurance contracts, and is licensed to transact insurance in this state. See Arizona Laws 20-661
  • Member insurer: means an insurer or health care services organization that holds a certificate of authority to transact in this state any kind of insurance or health care services organization business to which this article applies and includes an insurer or health care services organization whose license or certificate of authority in this state may have been suspended, revoked, not renewed or voluntarily withdrawn. See Arizona Laws 20-681
  • Membership coverage: means any certificate or contract issued to a member setting out the dental coverage to which such member is entitled. See Arizona Laws 20-1001
  • Misdemeanor: means an offense for which a sentence to a term of imprisonment other than to the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 3-1703
  • Money: means a medium of exchange that is authorized or adopted by a domestic or foreign government as a part of its currency and that is customarily used and accepted as a medium of exchange in the country of issuance. See Arizona Laws 6-1201
  • Money transmitter: means a person who is located or doing business in this state, including a check casher and a foreign money exchanger, and who does any of the following:

    (a) Sells or issues payment instruments. See Arizona Laws 6-1201

  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • 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.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Motor fuel: means a petroleum or a petroleum-based substance that is motor gasoline, aviation gasoline, number one or number two diesel fuel or any grade of oxygenated gasoline typically used in the operation of a motor engine, including biodiesel blends, biofuel blends and ethanol flex fuels. See Arizona Laws 3-3401
  • Motor vehicle racing event: means a race that uses unlicensed vehicles designed and manufactured specifically for racing purposes and that is conducted on a public or private racecourse for the entertainment of the general public. See Arizona Laws 3-3401
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • Net direct written premiums: means direct gross premiums written in this state on insurance policies to which this article applies, less return premiums and dividends paid or credited to policyholders on such direct business. See Arizona Laws 20-661
  • Oral sexual contact: means oral contact with the penis, vulva or anus. See Arizona Laws 3-3433
  • Outstanding payment instruments: means unpaid payment instruments whose sale has been reported to a licensee. See Arizona Laws 6-1201
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Oxygenate: means any oxygen-containing ashless, organic compound, including aliphatic alcohols and aliphatic ethers, that may be used as a fuel or as a gasoline blending component and that is approved as a blending agent under the provisions of a waiver issued by the United States environmental protection agency pursuant to 42 United States Code section 7545(f). See Arizona Laws 3-3401
  • Oxygenated fuel: means an unleaded motor fuel blend that consists primarily of gasoline and at least one and one-half percent by weight of one or more oxygenates and that has been blended consistent with the provisions of a waiver issued by the United States environmental protection agency pursuant to 42 United States Code section 7545(f). See Arizona Laws 3-3401
  • Package: means any commodity enclosed in a container or wrapped in any manner in advance of sale in units suitable for either wholesale or retail trade. See Arizona Laws 3-3401
  • Payment instrument: means a check, draft, money order, traveler's check or other instrument or order for the transmission or payment of money sold to one or more persons whether or not that instrument or order is negotiable. See Arizona Laws 6-1201
  • Peace officer: means any person vested by law with a duty to maintain public order and make arrests and includes a constable. See Arizona Laws 3-1703
  • Permissible investment: means any of the following:

    (a) Money on hand or on deposit in the name of the licensee. See Arizona Laws 6-1201

  • Person: means both the plural and the singular, as the case demands, and includes individuals, partnerships, corporations, companies, societies and associations. See Arizona Laws 3-3401
  • Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 3-1703
  • Physical force: means force used upon or directed toward the body of another person and includes confinement, but does not include deadly physical force. See Arizona Laws 3-1703
  • Physical injury: means the impairment of physical condition. See Arizona Laws 3-1703
  • 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.
  • Position of trust: means a person who is or was any of the following:

    (a) The minor's parent, stepparent, adoptive parent, legal guardian or foster parent. See Arizona Laws 3-3433

  • Possession: means a voluntary act if the defendant knowingly exercised dominion or control over property. See Arizona Laws 3-1703
  • 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
  • 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.
  • Premiums: means rates, dues or other required contributions that are payable under the certificate. See Arizona Laws 20-861
  • Prepaid dental plan: means any contractual arrangement whereby any prepaid dental plan organization undertakes to provide directly or to arrange for prepaid dental services and to pay or make reimbursement for any remaining portion of such prepaid dental services on a prepaid basis through insurance or otherwise. See Arizona Laws 20-1001
  • Prepaid dental plan organization: means any person who undertakes to conduct one or more prepaid dental plans providing only dental services. See Arizona Laws 20-1001
  • Prepaid dental services: means services included in the practice of dentistry as described in section 32-1202. See Arizona Laws 20-1001
  • prior felony conviction: includes any offense committed outside the jurisdiction of this state that was punishable by that jurisdiction as a felony. See Arizona Laws 3-1703
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Producer: means an insurance producer or any other person, firm, association or corporation when, for any compensation, commission or other thing of value, the person, firm, association or corporation acts or aids in any manner in soliciting, negotiating or procuring the making of an insurance contract on behalf of an insured other than the person, firm, association or corporation. See Arizona Laws 20-487
  • Product transfer document: means any bill of lading, loading ticket, manifest, delivery receipt, invoice or other documentation used on any occasion when a person transfers custody or title of motor fuel other than when motor fuel is sold or dispensed at a service station or fleet vehicle fueling facility. See Arizona Laws 3-3401
  • Property: means anything of value, tangible or intangible. See Arizona Laws 3-1703
  • Property or casualty insurer: means an insurer licensed to transact insurance as described in section 20-256 or 20-252, respectively, but does not include monoline mortgage guaranty insurers, financial guaranty insurers and title insurers. See Arizona Laws 20-488
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public weighmaster: means any person who is engaged in any of the following:

    (a) The business of weighing any object or thing for the public generally for hire or for internal use and issuing for that weighing a weight certificate intended to be accepted as an accurate weight on which a purchase or sale is to be based or on which a service fee is to be charged. See Arizona Laws 3-3401

  • Qualified actuary: means any individual who meets the requirements prescribed in section 20-696. See Arizona Laws 20-696.01
  • Quorum: The number of legislators that must be present to do business.
  • RBC: means risk-based capital. See Arizona Laws 20-488
  • RBC instructions: means the RBC report, including risk-based capital instructions adopted by the national association of insurance commissioners. See Arizona Laws 20-488
  • RBC plan: means a comprehensive financial plan containing the elements specified in section 20-488. See Arizona Laws 20-488
  • RBC report: means the report required under section 20-488. See Arizona Laws 20-488
  • Reference standards: means the physical standards of the state that serve as the legal reference from which all other standards and weights and measures are derived. See Arizona Laws 3-3401
  • Registered mail: includes certified mail. See Arizona Laws 1-215
  • Registered service agency: means any agency, firm, company or corporation that for hire, award, commission or any other payment of any kind installs, services, repairs or reconditions a commercial device or tests or repairs vapor recovery systems or vapor recovery components and that has been issued a license by the division. See Arizona Laws 3-3401
  • Registered service representative: means any individual who for hire, award, commission or any other payment of any kind installs, services, repairs or reconditions a commercial device or tests or repairs vapor recovery systems or vapor recovery components and who has been issued a license by the division. See Arizona Laws 3-3401
  • Regulatory action level event: means , with respect to any insurer, any of the following events:

    (a) The filing of an RBC report by the insurer indicating that the insurer's total adjusted capital is more than or equal to its authorized control level RBC but less than its regulatory action level RBC. See Arizona Laws 20-488

  • Reinsurance intermediary: means a reinsurance intermediary broker or a reinsurance intermediary manager. See Arizona Laws 20-486
  • Reinsurance intermediary broker: means a person, other than an officer or employee of the ceding insurer, or a firm, association or corporation that solicits, negotiates or places reinsurance cessions or retrocessions on behalf of a ceding insurer without the authority or power to bind reinsurance on behalf of the insurer. See Arizona Laws 20-486
  • Reinsurance intermediary manager: means a person, firm, association or corporation that has authority to bind or manage all or part of the assumed reinsurance business of a reinsurer, including the management of a separate division, department or underwriting office, and that acts as an agent for the reinsurer whether the reinsurer is known as a reinsurance intermediary manager, a manager or another similar term. See Arizona Laws 20-486
  • Reinsurer: means a person, firm, association or corporation licensed to transact reinsurance business in this state. See Arizona Laws 20-486
  • Relative: means a parent or stepparent, ancestor, descendant, sibling, uncle or aunt, including an adoptive relative of the same degree through marriage or adoption, or a spouse. See Arizona Laws 3-3413
  • 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.
  • Resident: means a person to whom a contractual obligation is owed and who resides in this state on the date of entry of a court order that determines a member insurer to be an impaired insurer or an insolvent insurer. See Arizona Laws 20-681
  • Responsible individual: means a person who is employed by a licensee and who has principal active management authority over the business of the licensee in this state that is regulated under this chapter. See Arizona Laws 6-1201
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Restrain: means to restrict a person's movements without consent, without legal authority, and in a manner which interferes substantially with such person's liberty, by either moving such person from one place to another or by confining such person. See Arizona Laws 3-3413
  • Retail seller: means a person whose business purpose is to sell, expose or offer for sale or use any package or commodity by weight, measure or count. See Arizona Laws 3-3401
  • Rules: means the rules, regulations and resolutions that are adopted by the supreme governing body or board of directors and that are intended to apply to the members of the society. See Arizona Laws 20-861
  • Serious physical injury: includes physical injury that creates a reasonable risk of death, or that causes serious and permanent disfigurement, serious impairment of health or loss or protracted impairment of the function of any bodily organ or limb. See Arizona Laws 3-1703
  • Service of process: The service of writs or summonses to the appropriate party.
  • Sexual intercourse: means penetration into the penis, vulva or anus by any part of the body or by any object or masturbatory contact with the penis or vulva. See Arizona Laws 3-3433
  • Society: means a fraternal benefit society. See Arizona Laws 20-861
  • Spouse: means a person who is legally married and cohabiting. See Arizona Laws 3-3433
  • Stage I vapor recovery system: means a combination of pipes and hoses that creates a closed system between the vapor spaces of an unloading gasoline cargo tank and a receiving storage tank so that vapors displaced from the storage tank are transferred to the gasoline cargo tank being unloaded. See Arizona Laws 3-3511
  • Structured settlement annuity: means an annuity purchased in order to fund periodic payments for a plaintiff or other claimant in payment for or with respect to personal injury suffered by the plaintiff or other claimant. See Arizona Laws 20-681
  • Subpoena: A command to a witness to appear and give testimony.
  • subscription: includes a mark, if a person cannot write, with the person's name written near it and witnessed by a person who writes the person's own name as witness. See Arizona Laws 1-215
  • Superintendent: means the superintendent of financial institutions. See Arizona Laws 6-101
  • Supplier: means any person that imports gasoline into a vehicle emissions control area by means of a pipeline or in truckload quantities for the person's own use within the vehicle emissions control area or any person that sells gasoline intended for ultimate consumption within a vehicle emissions control area, except that supplier does not mean a person with respect to gasoline supplied or sold by the person to another for resale to a retailer within a vehicle emissions control area or to a fleet owner for consumption within a vehicle emissions control area. See Arizona Laws 3-3401
  • Title: includes this title, title 32, chapters 9 and 36 and title 44, chapter 2. See Arizona Laws 6-101
  • Total adjusted capital: means the sum of:

    (a) An insurer's statutory capital and surplus. See Arizona Laws 20-488

  • Transmitting money: means the transmission of money by any means including transmissions within this country or to or from locations abroad by payment instrument, wire, facsimile, internet or any other electronic transfer, courier or otherwise. See Arizona Laws 6-1201
  • Trustee: A person or institution holding and administering property in trust.
  • Unallocated annuity contract: means an annuity contract or group annuity certificate that is not issued to and owned by an individual, except to the extent of any annuity benefits guaranteed to an individual by an insurer under the contract or certificate. See Arizona Laws 20-681
  • Unlawful: means contrary to law or, where the context so requires, not permitted by law. See Arizona Laws 3-1703
  • Vehicle: means a device in, upon or by which any person or property is, may be or could have been transported or drawn upon a highway, waterway or airway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. See Arizona Laws 3-1703
  • Vehicle emissions control area: means a county with a population of one million two hundred thousand or more persons and any portion of a county contained in area A, or any portion of area B or C, except that such an area does not include a manufacturer's proving ground that is located in the vehicle emissions control area. See Arizona Laws 3-3401
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Violation: means the failure of the reinsurance intermediary, insurer or reinsurer for whom the reinsurance intermediary was acting to substantially comply with the provisions of this article. See Arizona Laws 20-486
  • Without consent: includes any of the following:

    (a) The victim is coerced by the immediate use or threatened use of force against a person or property. See Arizona Laws 3-3433

  • Writ: means an order or precept in writing issued in the name of the state or by a court or judicial officer. See Arizona Laws 1-215