A person may not act as or represent that the person is a travel administrator for travel insurance unless the person:
Terms Used In Utah Code 31A-23a-910
Administrator: means the same as that term is defined in Subsection (182). 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
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
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
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
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
(a)
is an insurance producer acting within the scope of the producer’s license;
(b)
is licensed as a managing general agent in accordance with 6; or
