Utah Code 31A-22-205. Applicability of restatement of law

31A-22-205. Applicability of restatement of law.

(1)

A restatement of the law of liability insurance is not the law or public policy of this state if the statement of law is inconsistent or in conflict with:

Terms Used In Utah Code 31A-22-205

Case law: The law as laid down in cases that have been decided in the decisions of the courts.
Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
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

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.

United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5

(a)

the Constitution of the United States;

(b)	the Utah Constitution;

(c)	a state statute;

(d)	state case law; or

(e)	state-adopted common law.

(2)	Nothing in this section precludes a court from referencing or considering a restatement or other legal treatise.

Enacted by Chapter 32, 2020 General Session

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