(1)  As used in this section, “automated claims adjudication system” means a preprogrammed computer system designed for the collection, data entry, calculation, and final resolution of a portable electronics insurance claim that:

Terms Used In Utah Code 31A-26-216

  • Affiliate: means a person who controls, is controlled by, or is under common control with, another person. See Utah Code 31A-1-301
  • Employee: means :
(a) an individual employed by an employer; or
(b) an individual who meets the requirements of Subsection (53)(b). See Utah Code 31A-1-301
  • 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. See Utah Code 31A-26-102
  • Individual: means a natural person. 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
  • Organization: includes a sole proprietorship by which a natural person does business under an assumed name. See Utah Code 31A-26-102
  • Portable electronics insurance: means the same as that term is defined in Section 31A-22-1802. See Utah Code 31A-26-102
  • 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
    • (a)  may only be used by a Utah licensed independent adjuster, a Utah licensed producer, or an individual supervised as provided in this section;

    (b)  complies with the claims payment requirements of this title; and

    (c)  is certified as compliant with this section by a Utah licensed independent adjuster that is an officer of an organization licensed under this chapter.

    • (2)  An individual is exempt from licensure as an adjuster, if the individual for purposes of a portable electronics insurance claim:

    (a)  collects claim information from, or furnishes claim information to, insureds or claimants;

    (b)  conducts data entry, including entering data into an automated claims adjudication system;

    (c)  is an employee of a licensed independent adjuster or its affiliate; and

    (d)  is one of no more than 25 individuals who are under the supervision of:

    (i)  a Utah licensed independent adjuster; or

    (ii)  a Utah licensed producer who is exempt from licensure pursuant to Section 31A-26-201.

    Enacted by Chapter 151, 2012 General Session

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