(1)  This part is known as the “Property and Casualty Certificate of Insurance Act.”

Terms Used In Utah Code 31A-22-1701

  • 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
  • Certificate holder: means a person who:
    (a) requests, obtains, or possesses a certificate of insurance; and
    (b) is not a policyholder. See Utah Code 31A-22-1702
  • Certificate of insurance: means a document that is prepared for or issued to a person who is not a policyholder as evidence of insurance, regardless of how it is titled or described. See Utah Code 31A-22-1702
  • Contract: A legal written agreement that becomes binding when signed.
  • 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.
  • 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
  • Insurer: means :
    (a) an insurer as defined in Section 31A-1-301; and
    (b) any other person engaged in the business of making insurance or a surety contract. See Utah Code 31A-22-1702
  • Policyholder: means a person who contracts with a property and casualty insurer for insurance coverage. See Utah Code 31A-22-1702
  • 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
  • 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
  • (2) 

    (a)  Except as provided in Subsection (2)(b), this part applies to a certificate of insurance issued on or after May 10, 2011, as evidence of insurance coverage on property, operations, or risks located in this state.

    (b)  This part applies on and after July 1, 2012, to a certificate of insurance that is issued as evidence of insurance coverage on property, operations, or risks located in this state if the certificate of insurance is an exhibit to a contract executed before July 1, 2012.

    (c)  This part applies, regardless of where located, to the following in relation to a certificate of insurance described in Subsection (2)(b):

    (i)  a certificate holder;

    (ii)  a policyholder;

    (iii)  an insurer; or

    (iv)  an insurance producer.

    Enacted by Chapter 253, 2011 General Session