31A-26-102. Definitions. As used in this chapter, unless expressly provided otherwise:
(1)
“Company adjuster” means a person employed by an insurer who negotiates or settles claims on behalf of the insurer or an affiliated insurer.
Terms Used In Utah Code 31A-26-102
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
Designated home state: means the state or territory of the United States or the District of Columbia:
(a)
in which an insurance adjuster does not maintain the adjuster's principal:
(i)
place of residence; or
(ii)
place of business;
(b)
if the resident state, territory, or District of Columbia of the adjuster does not license adjusters for the line of authority sought, the adjuster has qualified for the license as if the person were a resident in the state, territory, or District of Columbia described in Subsection (2)(a), including an applicable:
(i)
examination requirement;
(ii)
fingerprint background check requirement; and
(iii)
continuing education requirement; and
(c)
that the adjuster has designated as the insurance adjuster's designated home state. See Utah Code 31A-26-102
Home state: means :
(a)
a state or territory of the United States or the District of Columbia in which an insurance adjuster:
(i)
maintains the adjuster's principal:
(A)
place of residence; or
(B)
place of business; and
(ii)
is licensed to act as a resident adjuster; or
(b)
if the resident state, territory, or the District of Columbia described in Subsection (3)(a) does not license adjusters for the line of authority sought, a state, territory, or the District of Columbia:
(i)
in which the adjuster is licensed;
(ii)
in which the adjuster is in good standing; and
(iii)
that the adjuster has designated as the adjuster's designated home state. 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
Insurance adjuster: means a person who directs or conducts the investigation, negotiation, or settlement of a claim under an insurance policy other than life insurance or an annuity, on behalf of an insurer, policyholder, or a claimant under an insurance policy. 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
Policyholder: means a person who controls a policy, binder, or oral contract by ownership, premium payment, or otherwise. 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.
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
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(2)
“Designated home state” means the state or territory of the United States or the District of Columbia:
(a)
in which an insurance adjuster does not maintain the adjuster’s principal:
(i)
place of residence; or
(ii)
place of business;
(b)
if the resident state, territory, or District of Columbia of the adjuster does not license adjusters for the line of authority sought, the adjuster has qualified for the license as if the person were a resident in the state, territory, or District of Columbia described in Subsection (2)(a), including an applicable:
(i)
examination requirement;
(ii)
fingerprint background check requirement; and
(iii)
continuing education requirement; and
(c)
that the adjuster has designated as the insurance adjuster‘s designated home state.
(3)
“Home state” means:
(a)
a state or territory of the United States or the District of Columbia in which an insurance adjuster:
(i)
maintains the adjuster’s principal:
(A)
place of residence; or
(B)
place of business; and
(ii)
is licensed to act as a resident adjuster; or
(b)
if the resident state, territory, or the District of Columbia described in Subsection (3)(a) does not license adjusters for the line of authority sought, a state, territory, or the District of Columbia:
(i)
in which the adjuster is licensed;
(ii)
in which the adjuster is in good standing; and
(iii)
that the adjuster has designated as the adjuster’s designated home state.
(4)
“Independent adjuster” means an insurance adjuster required to be licensed under Section 31A-26-201, who engages in insurance adjusting as a representative of one or more insurers.
(5)
“Insurance adjusting” or “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.
(6)
(a)
“Organization” means a person other than a natural person.
(b)
“Organization” includes a sole proprietorship by which a natural person does business under an assumed name.
(7)
“Portable electronics insurance” means the same as that term is defined in Section 31A-22-1802.
(8)
“Public adjuster” means a person required to be licensed under Section 31A-26-201, who engages in insurance adjusting as a representative of insureds and claimants under insurance policies.
