As used in this chapter:

(1)  “Authorized agency” means:

Terms Used In Utah Code 31A-31-102

  • Agency: means :
(a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and
(b) an insurance organization licensed or required to be licensed under Section 31A-23a-301, 31A-25-207, or 31A-26-209. See Utah Code 31A-1-301
  • Contract: A legal written agreement that becomes binding when signed.
  • Department: means the Insurance Department. See Utah Code 31A-1-301
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Health care: means any of the following intended for use in the diagnosis, treatment, mitigation, or prevention of a human ailment or impairment:
    (a) a professional service;
    (b) a personal service;
    (c) a facility;
    (d) equipment;
    (e) a device;
    (f) supplies; or
    (g) medicine. See Utah Code 31A-1-301
  • 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
  • Insured: means a person to whom or for whose benefit an insurer makes a promise in an insurance policy and includes:
    (i) a policyholder;
    (ii) a subscriber;
    (iii) a member; and
    (iv) a beneficiary. See Utah Code 31A-1-301
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual, firm, company, corporation, association, limited liability company, partnership, organization, society, business trust, service provider, or any other legal entity. See Utah Code 31A-31-102
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Service provider: means :
    (a) an individual licensed to practice law;
    (b) an individual licensed or certified by the state under:
    (i) this title;
    (ii) Title 41, Chapter 3, Motor Vehicle Business Regulation Act;
    (iii) Title 58, Occupations and Professions; or
    (iv) Title 61, Securities Division - Real Estate Division;
    (c) an individual licensed in another jurisdiction in a manner similar to a license described in Subsection (7)(a) or (b);
    (d) an individual practicing any nonmedical treatment rendered in accordance with a recognized religious method of healing; or
    (e) a hospital, health care facility, or person whose services are compensated directly or indirectly by insurance. See Utah Code 31A-31-102
  • 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
  • (a)  the attorney general;

    (b)  the state fire marshal;

    (c)  any state law enforcement agency;

    (d)  any criminal investigative department or agency of the United States;

    (e)  a district attorney;

    (f)  the prosecuting attorney of any municipality or county;

    (g)  the department; or

    (h)  the disciplinary section of an agency licensing a service provider.
  • (2)  “Financial loss” includes:

    (a)  out-of-pocket expenses;

    (b)  reasonable attorney fees;

    (c)  repair and replacement costs; or

    (d)  claims payments.

    (3)  “Insurer” means any person or aggregation of persons:

    (a)  doing insurance business, as defined in Section 31A-1-301; or

    (b)  subject to the supervision of the commissioner under:

    (i)  this title; or

    (ii)  any equivalent insurance supervisory official of another state.

    (4)  “Knowingly” has the same meaning as in Subsection 76-2-103(2).

    (5)  “Person” means an individual, firm, company, corporation, association, limited liability company, partnership, organization, society, business trust, service provider, or any other legal entity.

    (6) 

    (a)  “Runner” means a person who procures clients at the direction of, or in cooperation with a person who intends to:

    (i)  perform or obtain a service or benefit under a contract of insurance; or

    (ii)  assert a claim against an insured.

    (b)  “Runner” includes:

    (i)  a capper; or

    (ii)  a steerer.

    (7)  “Service provider” means:

    (a)  an individual licensed to practice law;

    (b)  an individual licensed or certified by the state under:

    (i)  this title;

    (ii)  Title 41, Chapter 3, Motor Vehicle Business Regulation Act;

    (iii)  Title 58, Occupations and Professions; or

    (iv)  Title 61, Securities Division – Real Estate Division;

    (c)  an individual licensed in another jurisdiction in a manner similar to a license described in Subsection (7)(a) or (b);

    (d)  an individual practicing any nonmedical treatment rendered in accordance with a recognized religious method of healing; or

    (e)  a hospital, health care facility, or person whose services are compensated directly or indirectly by insurance.

    (8)  “Statement” includes any:

    (a) 

    (i)  notice;

    (ii)  statement;

    (iii)  proof of loss;

    (iv)  bill of lading;

    (v)  receipt for payment;

    (vi)  invoice;

    (vii)  account;

    (viii)  estimate of property damage;

    (ix)  bill for services;

    (x)  diagnosis;

    (xi)  prescription;

    (xii)  hospital or doctor record;

    (xiii)  x-ray;

    (xiv)  test result; or

    (xv)  other evidence of loss, injury, or expense; or

    (b)  item listed in Subsection (8)(a) that is a computer-generated document.

    Amended by Chapter 104, 2004 General Session