(1)  A certificate of insurance is not an insurance policy and does not affirmatively or negatively amend, extend, or alter the coverage afforded by an insurance policy to which a certificate of insurance refers.

Terms Used In Utah Code 31A-22-1704

  • 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.
  • 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
    (2)  A certificate of insurance may not confer to a certificate holder a right that is not provided by an insurance policy to which the certificate of insurance refers.

    (3) 

    (a)  A certificate of insurance may not refer to a contract that is not an insurance policy, including a construction or service contract.

    (b)  Notwithstanding any requirement, term, or condition of a document with respect to which a certificate of insurance may be issued or may pertain, the insurance coverage afforded by a referenced insurance policy is subject to the terms, exclusions, and conditions of the insurance policy itself.

    Enacted by Chapter 253, 2011 General Session