31A-23a-106.  License types.

(1) 

Terms Used In Utah Code 31A-23a-106

  • Agency: means :
(a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and
(b) an insurance organization licensed or required to be licensed under Section 31A-23a-301, 31A-25-207, or 31A-26-209. See Utah Code 31A-1-301
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Annuity: means an agreement to make periodical payments for a period certain or over the lifetime of one or more individuals if the making or continuance of all or some of the series of the payments, or the amount of the payment, is dependent upon the continuance of human life. See Utah Code 31A-1-301
  • consultant: means a person who:
    (a) advises another person about insurance needs and coverages;
    (b) is compensated by the person advised on a basis not directly related to the insurance placed; and
    (c) except as provided in Section 31A-23a-501, is not compensated directly or indirectly by an insurer or producer for advice given. See Utah Code 31A-1-301
  • Contract: A legal written agreement that becomes binding when signed.
  • Credit insurance: includes :
    (i) credit accident and health insurance;
    (ii) credit life insurance;
    (iii) credit property insurance;
    (iv) credit unemployment insurance;
    (v) guaranteed automobile protection insurance;
    (vi) involuntary unemployment insurance;
    (vii) mortgage accident and health insurance;
    (viii) mortgage guaranty insurance; and
    (ix) mortgage life insurance. See Utah Code 31A-1-301
  • health insurance: means insurance providing:
    (i) a health care benefit; or
    (ii) payment of an incurred health care expense. See Utah Code 31A-1-301
  • Individual: means a natural person. 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
  • License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
  • Life insurance: means :
    (i) insurance on a human life; and
    (ii) insurance pertaining to or connected with human life. See Utah Code 31A-1-301
  • Managing general agent: means a person that:
    (i) manages all or part of the insurance business of an insurer, including the management of a separate division, department, or underwriting office;
    (ii) acts as an agent for the insurer whether it is known as a managing general agent, manager, or other similar term;
    (iii) produces and underwrites an amount of gross direct written premium equal to, or more than, 5% of the policyholder surplus as reported in the last annual statement of the insurer in any one quarter or year:
    (A) with or without the authority;
    (B) separately or together with an affiliate; and
    (C) directly or indirectly; and
    (iv) 
    (A) adjusts or pays claims in excess of an amount determined by the commissioner; or
    (B) negotiates reinsurance on behalf of the insurer. See Utah Code 31A-23a-102
  • Negotiate: means the act of conferring directly with or offering advice directly to a purchaser or prospective purchaser of a particular contract of insurance concerning a substantive benefit, term, or condition of the contract if the person engaged in that act:
    (a) sells insurance; or
    (b) obtains insurance from insurers for purchasers. See Utah Code 31A-23a-102
  • Person: includes :
    (a) an individual;
    (b) a partnership;
    (c) a corporation;
    (d) an incorporated or unincorporated association;
    (e) a joint stock company;
    (f) a trust;
    (g) a limited liability company;
    (h) a reciprocal;
    (i) a syndicate; or
    (j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
  • Policyholder: means a person who controls a policy, binder, or oral contract by ownership, premium payment, or otherwise. See Utah Code 31A-1-301
  • 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
  • Reinsurance: means an insurance transaction where an insurer, for consideration, transfers any portion of the risk it has assumed to another insurer. See Utah Code 31A-1-301
  • Reinsurance intermediary: means :
    (a) a reinsurance intermediary-broker; or
    (b) a reinsurance intermediary-manager. See Utah Code 31A-23a-102
  • Resident: is a s defined by rule made by the commissioner in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 31A-23a-102
  • Sell: means to exchange a contract of insurance:
    (a) by any means;
    (b) for money or its equivalent; and
    (c) on behalf of an insurance company. See Utah Code 31A-23a-102
  • Solicit: means :
    (a) attempting to sell insurance;
    (b) asking or urging a person to apply for:
    (i) a particular kind of insurance; and
    (ii) insurance from a particular insurance company;
    (c) advertising insurance, including advertising for the purpose of obtaining leads for the sale of insurance; or
    (d) holding oneself out as being in the insurance business. See Utah Code 31A-23a-102
  • Surplus: means the excess of assets over the sum of paid-in capital and liabilities. See Utah Code 31A-1-301
  • Title insurance: means the insuring, guaranteeing, or indemnifying of an owner of real or personal property or the holder of liens or encumbrances on that property, or others interested in the property against loss or damage suffered by reason of liens or encumbrances upon, defects in, or the unmarketability of the title to the property, or invalidity or unenforceability of any liens or encumbrances on the property. See Utah Code 31A-1-301
  • Title marketing representative: means a person who:
    (a) represents a title insurer in soliciting, requesting, or negotiating the placing of:
    (i) title insurance; or
    (ii) escrow services; and
    (b) does not have a title examination or escrow license as provided in Section 31A-23a-106. See Utah Code 31A-23a-102
    (a)  A resident or nonresident license issued under this chapter shall be issued under the license types described under Subsection (2).

    (b)  A license type and a line of authority pertaining to a license type describe the type of licensee and the lines of business that a licensee may sell, solicit, or negotiate. A license type is intended to describe the matters to be considered under any education, examination, and training required of a license applicant under Sections 31A-23a-108, 31A-23a-202, and 31A-23a-203.
  • (2) 

    (a)  A producer license type includes the following lines of authority:

    (i)  life insurance, including a nonvariable contract;

    (ii)  variable contracts, including variable life and annuity, if the producer has the life insurance line of authority;

    (iii)  accident and health insurance, including a contract issued to a policyholder under Chapter 7, Nonprofit Health Service Insurance Corporations, or Chapter 8, Health Maintenance Organizations and Limited Health Plans;

    (iv)  property insurance;

    (v)  casualty insurance, including a surety or other bond;

    (vi)  title insurance under one or more of the following categories:

    (A)  title examination, including authority to act as a title marketing representative;

    (B)  escrow, including authority to act as a title marketing representative; and

    (C)  title marketing representative only; and

    (vii)  personal lines insurance.

    (b)  A surplus lines producer license type includes the following lines of authority:

    (i)  property insurance, if the person holds an underlying producer license with the property line of insurance; and

    (ii)  casualty insurance, if the person holds an underlying producer license with the casualty line of authority.

    (c)  A limited line producer license type includes the following limited lines of authority:

    (i)  limited line credit insurance;

    (ii)  travel insurance, as set forth in 9;

    (iii)  motor club insurance;

    (iv)  car rental related insurance;

    (v)  legal expense insurance;

    (vi)  crop insurance;

    (vii)  self-service storage insurance;

    (viii)  bail bond producer;

    (ix)  guaranteed asset protection waiver;

    (x)  portable electronics insurance; and

    (xi)  pet insurance.

    (d)  A consultant license type includes the following lines of authority:

    (i)  life insurance, including a nonvariable contract;

    (ii)  variable contracts, including variable life and annuity, if the consultant has the life insurance line of authority;

    (iii)  accident and health insurance, including a contract issued to a policyholder under Chapter 7, Nonprofit Health Service Insurance Corporations, or Chapter 8, Health Maintenance Organizations and Limited Health Plans;

    (iv)  property insurance;

    (v)  casualty insurance, including a surety or other bond; and

    (vi)  personal lines insurance.

    (e)  A managing general agent license type includes the following lines of authority:

    (i)  life insurance, including a nonvariable contract;

    (ii)  variable contracts, including variable life and annuity, if the managing general agent has the life insurance line of authority;

    (iii)  accident and health insurance, including a contract issued to a policyholder under Chapter 7, Nonprofit Health Service Insurance Corporations, or Chapter 8, Health Maintenance Organizations and Limited Health Plans;

    (iv)  property insurance;

    (v)  casualty insurance, including a surety or other bond; and

    (vi)  personal lines insurance.

    (f)  A reinsurance intermediary license type includes the following lines of authority:

    (i)  life insurance, including a nonvariable contract;

    (ii)  variable contracts, including variable life and annuity, if the reinsurance intermediary has the life insurance line of authority;

    (iii)  accident and health insurance, including a contract issued to a policyholder under Chapter 7, Nonprofit Health Service Insurance Corporations, or Chapter 8, Health Maintenance Organizations and Limited Health Plans;

    (iv)  property insurance;

    (v)  casualty insurance, including a surety or other bond; and

    (vi)  personal lines insurance.

    (g)  A person who holds a license under Subsection (2)(a) has the qualifications necessary to act as a holder of a license under Subsection (2)(c), except that the person may not act under Subsection (2)(c)(viii) or (ix).

    (3) 

    (a)  The commissioner may by rule recognize other producer, surplus lines producer, limited line producer, consultant, managing general agent, or reinsurance intermediary lines of authority as to kinds of insurance not listed under Subsections (2)(a) through (f).

    (b)  Notwithstanding Subsection (3)(a), for purposes of title insurance the Title and Escrow Commission may by rule, with the concurrence of the commissioner and subject to Section 31A-2-404, recognize other categories for an individual title insurance producer or agency title insurance producer line of authority not listed under Subsection (2)(a)(vi).

    (4)  The variable contracts line of authority requires:

    (a)  for a producer, licensure by the Financial Industry Regulatory Authority as a:

    (i)  registered broker-dealer; or

    (ii)  broker-dealer agent, with a current registration with a broker-dealer; and

    (b)  for a consultant, registration with the Securities and Exchange Commission or licensure by the Utah Division of Securities as an:

    (i)  investment adviser; or

    (ii)  investment adviser representative, with a current association with an investment adviser.

    (5)  A surplus lines producer is a producer who has a surplus lines license.

    Amended by Chapter 194, 2023 General Session