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: is a s defined in Section 31A-1-301, except that the following persons or similar persons are not insurers for purposes of 7:
(a)
a risk retention group as defined in:
(i)
the Superfund Amendments and Reauthorization Act of 1986, Pub. See Utah Code 31A-23a-102
License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
Limited lines producer: means a person who sells, solicits, or negotiates limited lines insurance. See Utah Code 31A-1-301
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
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
Producer for the insurer: means a producer who is compensated directly or indirectly by an insurer for selling, soliciting, or negotiating an insurance product of that insurer. 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
(a)
for the legal liability of the resident individual producer as the result of an erroneous act or failure to act in the resident individual producer’s capacity as a producer; and
(b)
at all times during the term of the resident individual producer’s license.
(2)
The coverage required by Subsection (1) shall consist of:
(a)
a policy naming the resident individual producer;
(b)
a policy naming the agency that designates the resident individual producer in accordance with this chapter; or
(c)
a written agreement by an insurer or group of affiliated insurers, on behalf of a resident individual producer who is or will become an exclusive agent of the insurer or group of affiliated insurers, under which the insurer or group of affiliated insurers agrees to assume responsibility, to the benefit of an aggrieved person, for legal liability of the resident individual producer as the result of an erroneous act or failure to act in the resident individual producer’s capacity as a producer for the insurer or group of affiliated insurers.
the terms and conditions of the coverage required under Subsection (1); and
(b)
if the coverage required by Subsection (1) is terminated during a resident individual producer’s license term, requirements to:
(i)
provide notice; and
(ii)
replace the coverage.
(4)
An individual title insurance producer is considered to be in compliance with this section when:
(a)
the individual title insurance producer who is not designated by an agency title producer maintains the individual title insurance producer’s own bond, policy, or other financial protection in accordance with Subsection 31A-23a-204(2);
(b)
the individual title insurance producer is designated by an agency title insurance producer that maintains a bond, policy, or other financial protection in accordance with Subsection 31A-23a-204(2); or
(c)
the individual title insurance producer is an employee of and is appointed by a title insurer.
(5)
Notwithstanding the other provisions of this section, a resident individual producer is exempt from the requirement to maintain coverage as provided in this section during a period in which the resident individual producer is not either:
(a)
appointed by an insurer under this title; or
(b)
designated by an agency under this title.
(6)
A limited lines producer is exempt from this section.
