31A-21-101.  Scope of Chapters 21 and 22.

(1)  Except as provided in Subsections (2) through (6), this chapter and Chapter 22, Contracts in Specific Lines, apply to all insurance policies, applications, and certificates:

Terms Used In Utah Code 31A-21-101

  • Accident and health insurance: means insurance to provide protection against economic losses resulting from:
(i) a medical condition including:
(A) a medical care expense; or
(B) the risk of disability;
(ii) accident; or
(iii) sickness. See Utah Code 31A-1-301
  • Contract: A legal written agreement that becomes binding when signed.
  • Group insurance policy: means a policy covering a group of persons that is issued:
    (i) to a policyholder on behalf of the group; and
    (ii) for the benefit of a member of the group who is selected under a procedure defined in:
    (A) the policy; or
    (B) an agreement that is collateral to the policy. See Utah Code 31A-1-301
  • Inland marine insurance: includes insurance covering:
    (a) property in transit on or over land;
    (b) property in transit over water by means other than boat or ship;
    (c) bailee liability;
    (d) fixed transportation property such as bridges, electric transmission systems, radio and television transmission towers and tunnels; and
    (e) personal and commercial property floaters. 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
  • Policy: includes a service contract issued by:
    (i) a motor club under Chapter 11, Motor Clubs;
    (ii) a service contract provided under Chapter 6a, Service Contracts; and
    (iii) a corporation licensed under:
    (A) Chapter 7, Nonprofit Health Service Insurance Corporations; or
    (B) Chapter 8, Health Maintenance Organizations and Limited Health Plans. See Utah Code 31A-1-301
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • 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
  • Statute: A law passed by a legislature.
  • (a)  delivered or issued for delivery in this state;

    (b)  on property ordinarily located in this state;

    (c)  on persons residing in this state when the policy is issued; or

    (d)  on business operations in this state.

    (2)  This chapter and Chapter 22, Contracts in Specific Lines, do not apply to:

    (a)  an exemption provided in Section 31A-1-103;

    (b)  an insurance policy procured under Sections 31A-15-103 and 31A-15-104;

    (c)  an insurance policy on business operations in this state:

    (i)  if:

    (A)  the contract is negotiated primarily outside this state; and

    (B)  the operations in this state are incidental or subordinate to operations outside this state; and

    (ii)  except that insurance required by a Utah statute shall conform to the statutory requirements; or

    (d)  other exemptions provided in this title.

    (3) 

    (a)  Sections 31A-21-102, 31A-21-103, 31A-21-104, Subsections 31A-21-107(1) and (3), and Sections 31A-21-306, 31A-21-308, 31A-21-312, and 31A-21-314 apply to ocean marine and inland marine insurance.

    (b)  Section 31A-21-201 applies to inland marine insurance that is written according to manual rules or rating plans.

    (c)  Inland marine insurance that includes accident and health insurance is subject to Chapter 22, Contracts in Specific Lines.

    (4)  A group insurance policy or a blanket insurance policy is subject to this chapter and Chapter 22, Contracts in Specific Lines, except:

    (a)  a group insurance policy outside the scope of this title under Subsection 31A-1-103(3)(h);

    (b)  a blanket insurance policy outside the scope of this title under Subsection 31A-1-103(3)(h); and

    (c)  other exemptions provided under Subsection (5).

    (5)  The commissioner may by rule exempt any class of insurance contract or class of insurer from any or all of the provisions of this chapter and Chapter 22, Contracts in Specific Lines, if the interests of the Utah insureds, creditors, or the public would not be harmed by the exemption.

    (6)  Workers’ compensation insurance is subject to this chapter and Chapter 22, Contracts in Specific Lines.

    (7)  Unless clearly inapplicable, any provision of this chapter or Chapter 22, Contracts in Specific Lines, applicable to either a policy or a contract is applicable to both.

    Amended by Chapter 252, 2021 General Session