As used in this section, and except as to title insurers, the commissioner may consider a foreign insurer to be “commercially domiciled” in this state if:
Terms Used In Utah Code 31A-14-206
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Foreign insurer: means an insurer domiciled outside of this state, including an alien insurer. See Utah Code 31A-1-301
Insurance: includes :
(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;
(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
(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
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
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(a)
during the three immediately preceding calendar years, the foreign insurer wrote more insurance premiums in this state than it wrote in its state of domicile during the same period; or
(b)
during the same three-year period, the foreign insurer’s gross premiums written in this state constituted 15% or more of the insurer’s total gross premiums written in the United States.
The commissioner may exempt from the provisions of this section any commercially domiciled insurer if the commissioner determines that the insurer has assets physically located in this state or an asset to liability ratio sufficient to justify the conclusion that there is no reasonable danger that the operations or conduct of the business of the insurer could present a danger of loss to Utah policyholders.
(4)
Subsection 31A-14-205(4) applies to the conflict of the laws of this state with the laws of the insurer’s domicile for foreign insurers, including commercially domiciled insurers, under this section.
(5)
This section does not excuse or exempt any foreign insurer from complying with the provisions under this title which are otherwise applicable to a foreign insurer.
