31A-2-402.  Definitions.
     As used in this part:

(1)  “Commission” means the Title and Escrow Commission created in Section 31A-2-403.

Terms Used In Utah Code 31A-2-402

  • Agency: means :
(a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and
(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
  • Certificate: means evidence of insurance given to:
    (a) an insured under a group insurance policy; or
    (b) a third party. See Utah Code 31A-1-301
  • Commission: means the Title and Escrow Commission created in Section 31A-2-403. See Utah Code 31A-2-402
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Escrow: means :
    (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:
    (A) the explanation, holding, or creation of a document; or
    (B) the receipt, deposit, and disbursement of money;
    (ii) a settlement or closing involving:
    (A) a mobile home;
    (B) a grazing right;
    (C) a water right; or
    (D) other personal property authorized by the commissioner. See Utah Code 31A-1-301
  • Individual: means a natural person. 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
  • Insurance adjuster: means a person who directs or conducts the investigation, negotiation, or settlement of a claim under an insurance policy other than life insurance or an annuity, on behalf of an insurer, policyholder, or a claimant under an insurance policy. See Utah Code 31A-1-301
  • License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Person: includes :
    (a) an individual;
    (b) a partnership;
    (c) a corporation;
    (d) an incorporated or unincorporated association;
    (e) a joint stock company;
    (f) a trust;
    (g) a limited liability company;
    (h) a reciprocal;
    (i) a syndicate; or
    (j) another similar entity or combination of entities acting in concert. 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
  • Real Estate Commission: means the Real Estate Commission created in Section 61-2f-103. See Utah Code 31A-2-402
  • 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 licensee: means a person licensed under this title as:
    (a) an agency title insurance producer with a title insurance line of authority;
    (b) an individual title insurance producer with:
    (i) a general title insurance line of authority; or
    (ii) a specific category of authority for title insurance; or
    (c) a title insurance adjuster. See Utah Code 31A-2-402
    (2)  “Concurrence” means the entities given a concurring role must jointly agree for the action to be taken.

    (3)  “Dual licensed title licensee” means a title licensee who holds:

    (a)  an individual title insurance producer license as a title licensee; and

    (b)  a license or certificate under:

    (i)  Title 61, Chapter 2c, Utah Residential Mortgage Practices and Licensing Act;

    (ii)  Title 61, Chapter 2f, Real Estate Licensing and Practices Act; or

    (iii)  Title 61, Chapter 2g, Real Estate Appraiser Licensing and Certification Act.

    (4)  “Real Estate Commission” means the Real Estate Commission created in Section 61-2f-103.

    (5)  “Title insurance matter” means a matter related to:

    (a)  title insurance;

    (b)  an escrow conducted by an individual title insurance producer or agency title insurance producer;

    (c)  licensing, examination, and continuing education of an applicant to be a title licensee; or

    (d)  conduct of a title licensee.

    (6)  “Title licensee” means a person licensed under this title as:

    (a)  an agency title insurance producer with a title insurance line of authority;

    (b)  an individual title insurance producer with:

    (i)  a general title insurance line of authority; or

    (ii)  a specific category of authority for title insurance; or

    (c)  a title insurance adjuster.

    Amended by Chapter 330, 2015 General Session