Utah Code 31A-25-201. License and authority from insurers required

(1)

A person may not perform, offer to perform, or advertise any service as a third party administrator in Utah, without a valid license under Section 31A-25-203 and express authority from all insurers it represents. A person may not utilize the services of another as a third party administrator if he knows or should know that the other does not have a license or the insurer authority as required by law. The commissioner shall be notified of the commencement or termination of insurer authority in a form established by rules.

Terms Used In Utah Code 31A-25-201

Administrator: means the same as that term is defined in Subsection (182). See Utah Code 31A-1-301
Contract: A legal written agreement that becomes binding when signed.
Form: means one of the following prepared for general use:

(i)

a policy;

(ii)	a certificate;

(iii)

an application;

(iv)	an outline of coverage; or

(v)

an endorsement. See Utah Code 31A-1-301

License: includes a certificate of authority issued to an insurer. 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
(2)	The commissioner may by rule exempt certain persons or classes of persons from the license requirement of Subsection (1) if the functions they perform do not require the special competence, trustworthiness, or regulatory surveillance made possible by licensing.

(3)	A contract is not invalid as a result of a violation of this section.

Amended by Chapter 261, 1989 General Session

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