The purposes of this chapter are:

(1)  to promote the professional competence of those engaged in claims adjusting;

Terms Used In Utah Code 31A-26-101

  • adjusting: means directing or conducting the investigation, negotiation, or settlement of a claim under an insurance policy, on behalf of an insurer, policyholder, or a claimant under an insurance policy. See Utah Code 31A-26-102
  • 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
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
    • (2)  to encourage fair and rapid settlement of claims;

    (3)  to protect claimants under insurance policies from unfair claims adjustment practices;

    (4)  to prevent compensation arrangements for insurance adjusters that endanger the fairness of claim settlements; and

    (5)  to govern the qualifications and procedures for the licensing of insurance adjusters.

    Amended by Chapter 116, 2001 General Session

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