31A-23a-902. Definitions. As used in this part, unless the context requires otherwise:
(1)
“Aggregator site” means a website that provides access to information regarding insurance products from more than one insurer, including product and insurer information, for use in comparison shopping.
Terms Used In Utah Code 31A-23a-902
Administrator: means the same as that term is defined in Subsection (182). See Utah Code 31A-1-301
Agency: means :
(a)
a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and
providing health care insurance by an organization that is or is required to be licensed under this title;
(b)
providing a benefit to an employee in the event of a contingency not within the control of the employee, in which the employee is entitled to the benefit as a right, which benefit may be provided either:
(i)
by a single employer or by multiple employer groups; or
(ii)
through one or more trusts, associations, or other entities;
(c)
providing an annuity:
(i)
including an annuity issued in return for a gift; and
(ii)
except an annuity provided by a person specified in Subsections 31A-22-1305(2) and (3);
(d)
providing the characteristic services of a motor club;
(e)
providing another person with insurance;
(f)
making as insurer, guarantor, or surety, or proposing to make as insurer, guarantor, or surety, a contract or policy offering title insurance;
(g)
transacting or proposing to transact any phase of title insurance, including:
(i)
solicitation;
(ii)
negotiation preliminary to execution;
(iii)
execution of a contract of title insurance;
(iv)
insuring; and
(v)
transacting matters subsequent to the execution of the contract and arising out of the contract, including reinsurance;
(h)
transacting or proposing a life settlement; and
(i)
doing, or proposing to do, any business in substance equivalent to Subsections (95)(a) through (h) in a manner designed to evade this title. See Utah Code 31A-1-301
Cancellation fee waiver: means a contractual agreement that:
(a)
is between a supplier of a travel assistance service and the supplier's customer; and
(b)
waives a non-refundable cancellation fee provision of the supplier's underlying travel contract, with or without regard to:
an entity engaged in the business of providing travel or a travel service in which, with regard to the particular travel or travel service or type of travel or travelers, all members or customers of the group have common exposure to risk attendant to that travel, including:
(A)
a tour operator;
(B)
a lodging provider;
(C)
a vacation property owner;
(D)
a hotel or resort;
(E)
a travel club;
(F)
a travel agency;
(G)
a property manager;
(H)
a cultural exchange program;
(I)
a common carrier; and
(J)
the operator, owner, or lessor of a means of transportation of passengers, including an airline, a cruise line, a railroad, a steamship company, and a public bus carrier;
(ii)
a college, school, or other institution of learning, covering students, teachers, employees, or volunteers;
(iii)
an employer covering employees, volunteers, contractors, a board of directors, dependents, or guests;
(iv)
a sports team, camp, or a sponsor of a sports team or camp, covering participants, members, campers, employees, officials, supervisors, or volunteers;
(v)
a religious, charitable, recreational, educational, or civic organization, or a branch of a religious, charitable, recreational, educational, or civic organization, covering members, participants, or volunteers;
(vi)
a financial institution, a financial institution vendor, or a parent holding company, trustee, or agent of or designated by a financial institution or a financial institution vendor, covering accountholders, credit card holders, debtors, guarantors, or purchasers;
(vii)
an incorporated or unincorporated association, including a labor union, that:
(A)
has a common interest, constitution, and bylaws;
(B)
is organized and maintained in good faith for a purpose other than to cover members or participants of the association; and
(C)
covers members of the association;
(viii)
an entertainment production company covering participants, volunteers, audience members, contestants, or workers;
(ix)
a volunteer fire department, ambulance, rescue, police, or court or a volunteer first aid, civil defense, or other volunteer group similar to first aid or civil defense, covering members, participants, or volunteers;
(x)
a preschool, a daycare institution for children or adults, or a senior citizen club, covering attendees or participants;
(xi)
an automobile or truck rental or leasing company:
(A)
covering individuals who may become renters, lessees, or passengers depending on the travel status of the individual on a rented or leased vehicle; and
(B)
if the common carrier, operator, owner or lessor of the means of transportation, or the automobile or truck rental or leasing company is the policyholder; and
(xii)
a group not described in Subsections (4)(b)(i) through (xi), if the commissioner determines that:
(A)
the members of the group are engaged in a common enterprise, or have an economic, educational, or social affinity or relationship; and
(B)
issuance of the policy would not be contrary to the public interest. See Utah Code 31A-23a-902
Form: means one of the following prepared for general use:
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
Limited lines travel insurance producer: means one of the following designated by an insurer as the travel insurance supervising entity as provided in Subsection 31A-23a-905(4):
(a)
a licensed managing general agent or third party administrator; or
(b)
a licensed insurance producer, including a limited lines producer. See Utah Code 31A-23a-902
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
Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
Offer and disseminate: means :
(a)
providing general information, including a description of the coverage and price;
(b)
processing an application;
(c)
collecting a premium; and
(d)
performing activities that the state permits to be done by a person who is not licensed. See Utah Code 31A-23a-902
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
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
Travel administrator: means a person who, in connection with travel insurance, directly or indirectly:
(i)
underwrites;
(ii)
collects a charge, collateral, or a premium from a resident of this state; or
Travel insurance: means insurance coverage for personal risks incident to planned travel, including:
(i)
interruption or cancellation of a trip or event;
(ii)
loss of baggage or personal effects;
(iii)
damages to accommodations or rental vehicles;
(iv)
sickness, accident, disability, or death during travel;
(v)
emergency evacuation;
(vi)
repatriation of remains; or
(vii)
a contractual obligation that indemnifies or pays a specified amount to the traveler upon a determinable contingency related to travel. See Utah Code 31A-23a-902
Travel protection plan: means a plan that provides:
may offer and disseminate travel insurance as a service to the entity's customers on behalf of and under the direction of a limited lines travel insurance producer. See Utah Code 31A-23a-902
(2)
“Blanket travel insurance” means a travel insurancepolicy that:
(a)
an insurer issues to an eligible group; and
(b)
covers:
(i)
a specific class of persons defined in the policy; and
(ii)
all members of the eligible group without a separate charge to an individualmember of the eligible group.
(3)
“Cancellation fee waiver” means a contractual agreement that:
(a)
is between a supplier of a travel assistance service and the supplier’s customer; and
(b)
waives a non-refundable cancellation fee provision of the supplier’s underlying travel contract, with or without regard to:
(i)
the reason for the cancellation; or
(ii)
the form of reimbursement.
(4)
(a)
“Eligible group” means a group of two or more persons who:
(i)
are engaged in a common enterprise; or
(ii)
have an economic, educational, or social affinity or relationship.
(b)
“Eligible group” includes:
(i)
an entity engaged in the business of providing travel or a travel service in which, with regard to the particular travel or travel service or type of travel or travelers, all members or customers of the group have common exposure to risk attendant to that travel, including:
(A)
a tour operator;
(B)
a lodging provider;
(C)
a vacation property owner;
(D)
a hotel or resort;
(E)
a travel club;
(F)
a travel agency;
(G)
a property manager;
(H)
a cultural exchange program;
(I)
a common carrier; and
(J)
the operator, owner, or lessor of a means of transportation of passengers, including an airline, a cruise line, a railroad, a steamship company, and a public bus carrier;
(ii)
a college, school, or other institution of learning, covering students, teachers, employees, or volunteers;
(iii)
an employer covering employees, volunteers, contractors, a board of directors, dependents, or guests;
(iv)
a sports team, camp, or a sponsor of a sports team or camp, covering participants, members, campers, employees, officials, supervisors, or volunteers;
(v)
a religious, charitable, recreational, educational, or civic organization, or a branch of a religious, charitable, recreational, educational, or civic organization, covering members, participants, or volunteers;
(vi)
a financial institution, a financial institution vendor, or a parent holding company, trustee, or agent of or designated by a financial institution or a financial institution vendor, covering accountholders, credit card holders, debtors, guarantors, or purchasers;
(vii)
an incorporated or unincorporated association, including a labor union, that:
(A)
has a common interest, constitution, and bylaws;
(B)
is organized and maintained in good faith for a purpose other than to cover members or participants of the association; and
(C)
covers members of the association;
(viii)
an entertainment production company covering participants, volunteers, audience members, contestants, or workers;
(ix)
a volunteer fire department, ambulance, rescue, police, or court or a volunteer first aid, civil defense, or other volunteer group similar to first aid or civil defense, covering members, participants, or volunteers;
(x)
a preschool, a daycare institution for children or adults, or a senior citizen club, covering attendees or participants;
(xi)
an automobile or truck rental or leasing company:
(A)
covering individuals who may become renters, lessees, or passengers depending on the travel status of the individual on a rented or leased vehicle; and
(B)
if the common carrier, operator, owner or lessor of the means of transportation, or the automobile or truck rental or leasing company is the policyholder; and
(xii)
a group not described in Subsections (4)(b)(i) through (xi), if the commissioner determines that:
(A)
the members of the group are engaged in a common enterprise, or have an economic, educational, or social affinity or relationship; and
(B)
issuance of the policy would not be contrary to the public interest.
(5)
“Fulfillment material” means documentation that:
(a)
is sent to the purchaser of a travel protection plan;
(b)
confirms the purchase of the travel protection plan; and
(c)
provides the travel protection plan’s coverage and assistance details.
(6)
“Group travel insurance” means travel insurance issued to an eligible group, covering each certificate holder in the eligible group.
(7)
“Limited lines travel insurance producer” means one of the following designated by an insurer as the travel insurance supervising entity as provided in Subsection 31A-23a-905(4):
(a)
a licensed managing general agent or third party administrator; or
(b)
a licensed insurance producer, including a limited lines producer.
(8)
“Offer and disseminate” means:
(a)
providing general information, including a description of the coverage and price;
(b)
processing an application;
(c)
collecting a premium; and
(d)
performing activities that the state permits to be done by a person who is not licensed.
(9)
(a)
“Travel administrator” means a person who, in connection with travel insurance, directly or indirectly:
(i)
underwrites;
(ii)
collects a charge, collateral, or a premium from a resident of this state; or
(iii)
adjusts or settles a claim on a resident of this state.
(b)
“Travel administrator” does not include a person whose action that would otherwise cause the person to be considered a travel administrator is among the following:
(i)
a person working for a travel administrator to the extent that the person’s activities are subject to the supervision and control of the travel administrator;
(ii)
a travel retailer that, in accordance with this part:
(A)
offers and disseminates travel insurance; and
(B)
is registered under the license of a limited lines travel insurance producer;
(iii)
an individual adjusting or settling claims:
(A)
in the normal course of that individual’s practice or employment as an attorney; and
(B)
who does not collect a charge or premium in connection with insurance coverage; or
(iv)
a business entity that is affiliated with a licensed insurer while acting as a travel administrator for the direct and assumed insurance business of an affiliated insurer.
(10)
(a)
“Travel assistance service” means a service:
(i)
for which the consumer is not indemnified based on a fortuitous event;
(ii)
where providing the service does not result in transfer or shifting of risk that would constitute the business of insurance; and
(iii)
that is furnished in connection with planned travel.
(b)
“Travel assistance service” includes:
(i)
a security advisory;
(ii)
destination information;
(iii)
a vaccination and immunization information service;
(iv)
a travel reservation service;
(v)
entertainment;
(vi)
activity and event planning;
(vii)
translation assistance;
(viii)
emergency messaging;
(ix)
an international legal or medical referral;
(x)
medical case monitoring;
(xi)
coordination of transportation arrangements;
(xii)
emergency cash transfer assistance;
(xiii)
medical prescription replacement assistance;
(xiv)
passport and travel document replacement assistance;
(xv)
lost luggage assistance; and
(xvi)
a concierge service.
(11)
(a)
“Travel insurance” means insurance coverage for personal risks incident to planned travel, including:
(i)
interruption or cancellation of a trip or event;
(ii)
loss of baggage or personal effects;
(iii)
damages to accommodations or rental vehicles;
(iv)
sickness, accident, disability, or death during travel;
(v)
emergency evacuation;
(vi)
repatriation of remains; or
(vii)
a contractual obligation that indemnifies or pays a specified amount to the traveler upon a determinable contingency related to travel.
(b)
“Travel insurance” does not include a major medical plan that provides comprehensive medical protection for a traveler with a trip lasting six months or longer, including an individual working overseas or military personnel being deployed.
(12)
“Travel protection plan” means a plan that provides:
(a)
travel insurance;
(b)
a travel assistance service; or
(c)
a cancellation fee waiver.
(13)
“Travel retailer” means a business entity that:
(a)
makes, arranges, or offers a travel service; and
(b)
may offer and disseminate travel insurance as a service to the entity’s customers on behalf of and under the direction of a limited lines travel insurance producer.
