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
for property or casualty insurance, that cost of insurance per exposure unit either expressed as:
(A)
a single number; or
(B)
a pure premium rate, adjusted before the application of individual risk variations based on loss or expense considerations to account for the treatment of:
certificate of interest or participation in a profit-sharing agreement;
(vii)
collateral-trust certificate;
(viii)
preorganization certificate or subscription;
(ix)
transferable share;
(x)
investment contract;
(xi)
voting trust certificate;
(xii)
certificate of deposit for a security;
(xiii)
certificate of interest of participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease;
(xiv)
commodity contract or commodity option;
(xv)
certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase any of the items listed in Subsections (171)(a)(i) through (xiv); or
(xvi)
another interest or instrument commonly known as a security. 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
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(a)
the damage is caused intentionally by an authorized driver or as a result of his willful and wanton misconduct;
(b)
the damage arises out of the authorized driver’s operation of the vehicle while illegally intoxicated or under the influence of any illegal drug as defined or determined under the law of the state where the damage occurred;
(c)
the damage is caused while the authorized driver is engaged in any speed contest;
(d)
the rental transaction is based on information supplied by the renter with the intent to defraud the rental company;
(e)
the damage arises out of the use of the vehicle while committing or otherwise engaged in a criminal act in which the use of the motor vehicle is substantially related to the nature of the criminal activity;
(f)
the damage arises out of the use of the motor vehicle to carry persons or property for hire; or
(g)
the damage arises out of the use of the motor vehicle outside of the United States or Canada unless the use is specifically authorized by the rental agreement.
(2)
No security or deposit for damage in any form may be required or requested by the rental company during the rental period, or pending the resolution of any dispute.
(3)
No waiver may be offered to provide coverage for any of the exceptions listed in this section.
(4)
This section does not apply to any rental company:
(a)
whose advertising in this state clearly discloses all charges and costs incidental to the basic daily rental rate; and
(b)
that provides written notice to renters clearly printed on the rental agreement and prominently displayed at its place of business, that the renter’s own motor vehicle insurance or his credit card agreement may cover any damage or loss to the rental vehicle.
