Part 1 General Provisions 16-10b-101 – 16-10b-106
Part 2 Corporate Purposes 16-10b-201
Part 3 Accountability 16-10b-301 – 16-10b-305
Part 4 Transparency 16-10b-401 – 16-10b-402

Terms Used In Utah Code > Title 16 > Chapter 10b - Benefit Corporation Act

  • Accident and health insurance: means insurance to provide protection against economic losses resulting from:
    (i) a medical condition including:
    (A) a medical care expense; or
    (B) the risk of disability;
    (ii) accident; or
    (iii) sickness. See Utah Code 31A-1-301
  • Administrator: means the same as that term is defined in Subsection (182). See Utah Code 31A-1-301
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affiliate: means a person who controls, is controlled by, or is under common control with, another person. See Utah Code 31A-1-301
  • 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
  • Alien insurer: means an insurer domiciled outside the United States. See Utah Code 31A-1-301
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amendment: means an endorsement to an insurance policy or certificate. See Utah Code 31A-1-301
  • Annual benefit report: means a report required under Section 16-10b-401. See Utah Code 16-10b-103
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Annuity: means an agreement to make periodical payments for a period certain or over the lifetime of one or more individuals if the making or continuance of all or some of the series of the payments, or the amount of the payment, is dependent upon the continuance of human life. See Utah Code 31A-1-301
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Application: means a document:
    (a) 
    (i) completed by an applicant to provide information about the risk to be insured; and
    (ii) that contains information that is used by the insurer to evaluate risk and decide whether to:
    (A) insure the risk under:
    (I) the coverage as originally offered; or
    (II) a modification of the coverage as originally offered; or
    (B) decline to insure the risk; or
    (b) used by the insurer to gather information from the applicant before issuance of an annuity contract. See Utah Code 31A-1-301
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Authority: means the Utah Inland Port Authority, created in Section 11-58-201. See Utah Code 11-58-102
  • Authority jurisdictional land: means land within the authority boundary delineated:
    (a) in the electronic shapefile that is the electronic component of H. See Utah Code 11-58-102
  • authorized insurer: means an insurer:
    (i) holding a valid certificate of authority to do an insurance business in this state; and
    (ii) transacting business as authorized by a valid certificate. See Utah Code 31A-1-301
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Benefit corporation: means a business corporation:
    (a) that elects to become subject to this chapter; and
    (b) the status of which as a benefit corporation has not been terminated. See Utah Code 16-10b-103
  • Benefit director: means the director designated as the benefit director of a benefit corporation under Section 16-10b-302. See Utah Code 16-10b-103
  • Benefit enforcement proceeding: means a proceeding in a court of competent jurisdiction for:
    (a) failure of a benefit corporation to pursue or create general public benefit or a specific public benefit purpose set forth in its articles of incorporation; or
    (b) a violation of an obligation, duty, or standard of conduct under this chapter. See Utah Code 16-10b-103
  • Benefit officer: means the individual designated as the benefit officer of a benefit corporation under Section 16-10b-304. See Utah Code 16-10b-103
  • Binder: means the same as that term is defined in Section 31A-21-102. See Utah Code 31A-1-301
  • Board: means the authority's governing body, created in Section 11-58-301. See Utah Code 11-58-102
  • board of directors: means the group of persons with responsibility over, or management of, a corporation, however designated. See Utah Code 31A-1-301
  • Bona fide office: means a physical office in this state:
    (a) that is open to the public;
    (b) that is staffed during regular business hours on regular business days; and
    (c) at which the public may appear in person to obtain services. See Utah Code 31A-1-301
  • Business corporation: means a corporation formed under Chapter 10a, Utah Revised Business Corporation Act, or Chapter 11, Professional Corporation Act. See Utah Code 16-10b-103
  • Business entity: means :
    (a) a corporation;
    (b) an association;
    (c) a partnership;
    (d) a limited liability company;
    (e) a limited liability partnership; or
    (f) another legal entity. See Utah Code 31A-1-301
  • Business plan: means the information required to be supplied to the commissioner under Subsections 31A-5-204(2)(i) and (j), including the information required when these subsections apply by reference under:
    (a) Section 31A-8-205; or
    (b) Subsection 31A-9-205(2). See Utah Code 31A-1-301
  • Captive insurance company: means :
    (a) an insurer:
    (i) owned by a parent organization; and
    (ii) whose purpose is to insure risks of the parent organization and other risks as authorized under:
    (A) Chapter 37, Captive Insurance Companies Act; and
    (B) Chapter 37a, Special Purpose Financial Captive Insurance Company Act; or
    (b) in the case of a group or association, an insurer:
    (i) owned by the insureds; and
    (ii) whose purpose is to insure risks of:
    (A) a member organization;
    (B) a group member; or
    (C) an affiliate of:
    (I) a member organization; or
    (II) a group member. See Utah Code 31A-1-301
  • Casualty insurance: means liability insurance. See Utah Code 31A-1-301
  • Certificate: means evidence of insurance given to:
    (a) an insured under a group insurance policy; or
    (b) a third party. See Utah Code 31A-1-301
  • Claims-made coverage: means an insurance contract or provision limiting coverage under a policy insuring against legal liability to claims that are first made against the insured while the policy is in force. See Utah Code 31A-1-301
  • commissioner of insurance: means Utah's insurance commissioner. See Utah Code 31A-1-301
  • consultant: means a person who:
    (a) advises another person about insurance needs and coverages;
    (b) is compensated by the person advised on a basis not directly related to the insurance placed; and
    (c) except as provided in Section 31A-23a-501, is not compensated directly or indirectly by an insurer or producer for advice given. See Utah Code 31A-1-301
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Continuing care insurance: means insurance that:
    (i) provides board and lodging;
    (ii) provides one or more of the following:
    (A) a personal service;
    (B) a nursing service;
    (C) a medical service; or
    (D) any other health-related service; and
    (iii) provides the coverage described in this Subsection (28)(a) under an agreement effective:
    (A) for the life of the insured; or
    (B) for a period in excess of one year. See Utah Code 31A-1-301
  • Contract: A legal written agreement that becomes binding when signed.
  • Controlled insurer: means a licensed insurer that is either directly or indirectly controlled by a producer. See Utah Code 31A-1-301
  • Controlling person: means a person that directly or indirectly has the power to direct or cause to be directed, the management, control, or activities of a reinsurance intermediary. See Utah Code 31A-1-301
  • Controlling producer: means a producer who directly or indirectly controls an insurer. See Utah Code 31A-1-301
  • Corporate governance annual disclosure: means a report an insurer or insurance group files in accordance with the requirements of Chapter 16b, Corporate Governance Annual Disclosure Act. See Utah Code 31A-1-301
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Corporation: means an insurance corporation, except when referring to:
    (i) a corporation doing business:
    (A) as:
    (I) an insurance producer;
    (II) a surplus lines producer;
    (III) a limited line producer;
    (IV) a consultant;
    (V) a managing general agent;
    (VI) a reinsurance intermediary;
    (VII) a third party administrator; or
    (VIII) an adjuster; and
    (B) under:
    (I) Chapter 23a, Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries;
    (II) Chapter 25, Third Party Administrators; or
    (III) Chapter 26, Insurance Adjusters; or
    (ii) a noninsurer that is part of a holding company system under Chapter 16, Insurance Holding Companies. See Utah Code 31A-1-301
  • Credit accident and health insurance: means insurance on a debtor to provide indemnity for payments coming due on a specific loan or other credit transaction while the debtor has a disability. See Utah Code 31A-1-301
  • Credit insurance: includes :
    (i) credit accident and health insurance;
    (ii) credit life insurance;
    (iii) credit property insurance;
    (iv) credit unemployment insurance;
    (v) guaranteed automobile protection insurance;
    (vi) involuntary unemployment insurance;
    (vii) mortgage accident and health insurance;
    (viii) mortgage guaranty insurance; and
    (ix) mortgage life insurance. See Utah Code 31A-1-301
  • Credit life insurance: means insurance on the life of a debtor in connection with an extension of credit that pays a person if the debtor dies. See Utah Code 31A-1-301
  • Credit property insurance: means insurance:
    (a) offered in connection with an extension of credit; and
    (b) that protects the property until the debt is paid. See Utah Code 31A-1-301
  • Credit unemployment insurance: means insurance:
    (a) offered in connection with an extension of credit; and
    (b) that provides indemnity if the debtor is unemployed for payments coming due on a:
    (i) specific loan; or
    (ii) credit transaction. See Utah Code 31A-1-301
  • Creditable coverage: includes coverage that is offered through a public health plan such as:
    (i) the Primary Care Network Program under a Medicaid primary care network demonstration waiver obtained subject to Section 26B-3-108;
    (ii) the Children's Health Insurance Program under Section 26B-3-904; or
    (iii) the Ryan White Program Comprehensive AIDS Resources Emergency Act, Pub. See Utah Code 31A-1-301
  • Creditor: means a person, including an insured, having a claim, whether:
    (a) matured;
    (b) unmatured;
    (c) liquidated;
    (d) unliquidated;
    (e) secured;
    (f) unsecured;
    (g) absolute;
    (h) fixed; or
    (i) contingent. See Utah Code 31A-1-301
  • Crop insurance: includes multiperil crop insurance. See Utah Code 31A-1-301
  • Customer service representative: means a person that provides an insurance service and insurance product information:
    (i) for the customer service representative's:
    (A) producer;
    (B) surplus lines producer; or
    (C) consultant employer; and
    (ii) to the customer service representative's employer's:
    (A) customer;
    (B) client; or
    (C) organization. See Utah Code 31A-1-301
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deadline: means a final date or time:
    (a) imposed by:
    (i) statute;
    (ii) rule; or
    (iii) order; and
    (b) by which a required filing or payment must be received by the department. See Utah Code 31A-1-301
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Deemer clause: means a provision under this title under which upon the occurrence of a condition precedent, the commissioner is considered to have taken a specific action. See Utah Code 31A-1-301
  • Degree of relationship: means the number of steps between two persons determined by counting the generations separating one person from a common ancestor and then counting the generations to the other person. See Utah Code 31A-1-301
  • Department: means the Insurance Department. See Utah Code 31A-1-301
  • Dependent: A person dependent for support upon another.
  • Development: means :
    (a) the demolition, construction, reconstruction, modification, expansion, or improvement of a building, utility, infrastructure, landscape, parking lot, park, trail, recreational amenity, or other facility, including public infrastructure and improvements; and
    (b) the planning of, arranging for, or participation in any of the activities listed in Subsection (7)(a). See Utah Code 11-58-102
  • Development project: means a project for the development of land within a project area. See Utah Code 11-58-102
  • Director: means a member of the board of directors of a corporation. See Utah Code 31A-1-301
  • Disability: means a physiological or psychological condition that partially or totally limits an individual's ability to:
    (a) perform the duties of:
    (i) that individual's occupation; or
    (ii) an occupation for which the individual is reasonably suited by education, training, or experience; or
    (b) perform two or more of the following basic activities of daily living:
    (i) eating;
    (ii) toileting;
    (iii) transferring;
    (iv) bathing; or
    (v) dressing. See Utah Code 31A-1-301
  • Disability income insurance: means the same as that term is defined in Subsection (86). See Utah Code 31A-1-301
  • Division: means the Division of Corporations and Commercial Code. See Utah Code 16-10b-103
  • Domestic insurer: means an insurer organized under the laws of this state. See Utah Code 31A-1-301
  • Domiciliary state: means the state in which an insurer:
    (a) is incorporated;
    (b) is organized; or
    (c) in the case of an alien insurer, enters into the United States. See Utah Code 31A-1-301
  • Eligible employee: includes :
    (i) an owner, sole proprietor, or partner who:
    (A) works on a full-time basis;
    (B) has a normal work week of 30 or more hours; and
    (C) employs at least one common employee; and
    (ii) an independent contractor if the individual is included under a health benefit plan of a small employer. See Utah Code 31A-1-301
  • Emergency medical condition: means a medical condition that:
    (a) manifests itself by acute symptoms, including severe pain; and
    (b) would cause a prudent layperson possessing an average knowledge of medicine and health to reasonably expect the absence of immediate medical attention through a hospital emergency department to result in:
    (i) placing the layperson's health or the layperson's unborn child's health in serious jeopardy;
    (ii) serious impairment to bodily functions; or
    (iii) serious dysfunction of any bodily organ or part. 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
  • Employee benefits: means one or more benefits or services provided to:
    (a) an employee; or
    (b) a dependent of an employee. See Utah Code 31A-1-301
  • Employee welfare fund: includes a plan funded or subsidized by a user fee or tax revenues. See Utah Code 31A-1-301
  • Endorsement: means a written agreement attached to a policy or certificate to modify the policy or certificate coverage. See Utah Code 31A-1-301
  • Enrollee: includes an insured. See Utah Code 31A-1-301
  • Enterprise risk: means an activity, circumstance, event, or series of events involving one or more affiliates of an insurer that, if not remedied promptly, is likely to have a material adverse effect upon the financial condition or liquidity of the insurer or its insurance holding company system as a whole, including anything that would cause:
    (a) the insurer's risk-based capital to fall into an action or control level as set forth in Sections 31A-17-601 through 31A-17-613; or
    (b) the insurer to be in hazardous financial condition set forth in Section 31A-27a-101. See Utah Code 31A-1-301
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Escrow: means :
    (i) a transaction that effects the sale, transfer, encumbering, or leasing of real property, when a person not a party to the transaction, and neither having nor acquiring an interest in the title, performs, in accordance with the written instructions or terms of the written agreement between the parties to the transaction, any of the following actions:
    (A) the explanation, holding, or creation of a document; or
    (B) the receipt, deposit, and disbursement of money;
    (ii) a settlement or closing involving:
    (A) a mobile home;
    (B) a grazing right;
    (C) a water right; or
    (D) other personal property authorized by the commissioner. See Utah Code 31A-1-301
  • Escrow agent: means an agency title insurance producer meeting the requirements of Sections 31A-4-107, 31A-14-211, and 31A-23a-204, who is acting through an individual title insurance producer licensed with an escrow subline of authority. 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.
  • Excess surplus: means :
    (i) for a life insurer, accident and health insurer, health organization, or property and casualty insurer as defined in Section 31A-17-601, the lesser of:
    (A) that amount of an insurer's or health organization's total adjusted capital that exceeds the product of:
    (I) 2. See Utah Code 31A-1-301
  • Exclusion: means for the purposes of accident and health insurance that an insurer does not provide insurance coverage, for whatever reason, for one of the following:
    (a) a specific physical condition;
    (b) a specific medical procedure;
    (c) a specific disease or disorder; or
    (d) a specific prescription drug or class of prescription drugs. See Utah Code 31A-1-301
  • Executive officer: means :
    (a) a benefit corporation's president;
    (b) a vice president of the benefit corporation in charge of a principal business unit, division, or function; or
    (c) any other officer who performs a policy-making function for the benefit corporation. See Utah Code 16-10b-103
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • federally tax qualified long-term care insurance contract: means :
    (a) an individual or group insurance contract that meets the requirements of Section 7702B(b), Internal Revenue Code; or
    (b) the portion of a life insurance contract that provides long-term care insurance:
    (i) 
    (A) by rider; or
    (B) as a part of the contract; and
    (ii) that satisfies the requirements of Sections 7702B(b) and (e), Internal Revenue Code. See Utah Code 31A-1-301
  • Fidelity insurance: means insurance guaranteeing the fidelity of a person holding a position of public or private trust. See Utah Code 31A-1-301
  • Filed: means that a filing is:
    (i) submitted to the department as required by and in accordance with applicable statute, rule, or filing order;
    (ii) received by the department within the time period provided in applicable statute, rule, or filing order; and
    (iii) accompanied by the appropriate fee in accordance with:
    (A) Section 31A-3-103; or
    (B) rule. See Utah Code 31A-1-301
  • Filing: when used as a noun, means an item required to be filed with the department including:
    (a) a policy;
    (b) a rate;
    (c) a form;
    (d) a document;
    (e) a plan;
    (f) a manual;
    (g) an application;
    (h) a report;
    (i) a certificate;
    (j) an endorsement;
    (k) an actuarial certification;
    (l) a licensee annual statement;
    (m) a licensee renewal application;
    (n) an advertisement;
    (o) a binder; or
    (p) an outline of coverage. See Utah Code 31A-1-301
  • First party insurance: means an insurance policy or contract in which the insurer agrees to pay a claim submitted to it by the insured for the insured's losses. See Utah Code 31A-1-301
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreign insurer: means an insurer domiciled outside of this state, including an alien insurer. See Utah Code 31A-1-301
  • 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
  • Franchise insurance: means an individual insurance policy provided through a mass marketing arrangement involving a defined class of persons related in some way other than through the purchase of insurance. See Utah Code 31A-1-301
  • Fraud: Intentional deception resulting in injury to another.
  • General lines of insurance: include :
    (a) accident and health;
    (b) casualty;
    (c) life;
    (d) personal lines;
    (e) property; and
    (f) variable contracts, including variable life and annuity. See Utah Code 31A-1-301
  • General public benefit: means a material positive impact on society and the environment:
    (a) taken as a whole;
    (b) assessed against a third-party standard; and
    (c) from the business of a benefit corporation. See Utah Code 16-10b-103
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Group health plan: means an employee welfare benefit plan to the extent that the plan provides medical care:
    (a) 
    (i) to an employee; or
    (ii) to a dependent of an employee; and
    (b) 
    (i) directly;
    (ii) through insurance reimbursement; or
    (iii) through another method. See Utah Code 31A-1-301
  • Group insurance policy: means a policy covering a group of persons that is issued:
    (i) to a policyholder on behalf of the group; and
    (ii) for the benefit of a member of the group who is selected under a procedure defined in:
    (A) the policy; or
    (B) an agreement that is collateral to the policy. See Utah Code 31A-1-301
  • Group-wide supervisor: means the commissioner or other regulatory official designated as the group-wide supervisor for an internationally active insurance group under Section 31A-16-108. See Utah Code 31A-1-301
  • Guaranteed automobile protection insurance: means insurance offered in connection with an extension of credit that pays the difference in amount between the insurance settlement and the balance of the loan if the insured automobile is a total loss. See Utah Code 31A-1-301
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • Health benefit plan: means a policy, contract, certificate, or agreement offered or issued by an insurer to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care, including major medical expense coverage. See Utah Code 31A-1-301
  • 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
  • Health care provider: means the same as that term is defined in Section 78B-3-403. See Utah Code 31A-1-301
  • health insurance: means insurance providing:
    (i) a health care benefit; or
    (ii) payment of an incurred health care expense. See Utah Code 31A-1-301
  • Health insurance exchange: means an exchange as defined in 45 C. See Utah Code 31A-1-301
  • Health Insurance Portability and Accountability Act: means the Health Insurance Portability and Accountability Act of 1996, Pub. See Utah Code 31A-1-301
  • Immediate family: means a parent, spouse, surviving spouse, child, or sibling of a person. See Utah Code 16-10b-103
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Indemnity: means the payment of an amount to offset all or part of an insured loss. See Utah Code 31A-1-301
  • Independent: means having no material relationship with a benefit corporation or a subsidiary of the benefit corporation. See Utah Code 16-10b-103
  • Independent adjuster: means an insurance adjuster required to be licensed under Section 31A-26-201 who engages in insurance adjusting as a representative of an insurer. See Utah Code 31A-1-301
  • Independently procured insurance: means insurance procured under Section 31A-15-104. See Utah Code 31A-1-301
  • Individual: means a natural person. See Utah Code 31A-1-301
  • Individual other than a parent: means an individual who is not a parent and is related to the child by marriage or blood, including:
    (a) siblings;
    (b) aunts;
    (c) uncles;
    (d) grandparents; or
    (e) current or former step-parents, or any of the individuals described in Subsections (1)(a) through (d) in a step relationship to the child. See Utah Code 30-5a-102
  • insolvent: means that:
    (a) an insurer is unable to pay the insurer's obligations as the obligations are due;
    (b) an insurer's total adjusted capital is less than the insurer's mandatory control level RBC under Subsection 31A-17-601(8)(c); or
    (c) an insurer's admitted assets are less than the insurer's liabilities. 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
  • 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
  • insurance company: means a person doing an insurance business as a principal including:
    (i) a fraternal benefit society;
    (ii) an issuer of a gift annuity other than an annuity specified in Subsections 31A-22-1305(2) and (3);
    (iii) a motor club;
    (iv) an employee welfare plan;
    (v) a person purporting or intending to do an insurance business as a principal on that person's own account; and
    (vi) a health maintenance organization. See Utah Code 31A-1-301
  • Insurance group: means the persons that comprise an insurance holding company system. See Utah Code 31A-1-301
  • Insurance holding company system: means a group of two or more affiliated persons, at least one of whom is an insurer. 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
  • Interinsurance exchange: means the same as that term is defined in Subsection (163). See Utah Code 31A-1-301
  • Internationally active insurance group: means an insurance holding company system:
    (a) that includes an insurer registered under Section 31A-16-105;
    (b) that has premiums written in at least three countries;
    (c) whose percentage of gross premiums written outside the United States is at least 10% of its total gross written premiums; and
    (d) that, based on a three-year rolling average, has:
    (i) total assets of at least $50,000,000,000; or
    (ii) total gross written premiums of at least $10,000,000,000. See Utah Code 31A-1-301
  • Involuntary unemployment insurance: means insurance:
    (a) offered in connection with an extension of credit; and
    (b) that provides indemnity if the debtor is involuntarily unemployed for payments coming due on a:
    (i) specific loan; or
    (ii) credit transaction. 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.
  • Land: includes :Utah Code 68-3-12.5
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Liability insurance: includes :
    (i) vehicle liability insurance;
    (ii) residential dwelling liability insurance; and
    (iii) making inspection of, and issuing a certificate of inspection upon, an elevator, boiler, machinery, or apparatus of any kind when done in connection with insurance on the elevator, boiler, machinery, or apparatus. See Utah Code 31A-1-301
  • License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
  • Life insurance: means :
    (i) insurance on a human life; and
    (ii) insurance pertaining to or connected with human life. See Utah Code 31A-1-301
  • Limited license: means a license that:
    (a) is issued for a specific product of insurance; and
    (b) limits an individual or agency to transact only for that product or insurance. See Utah Code 31A-1-301
  • Limited line credit insurance: includes the following forms of insurance:
    (a) credit life;
    (b) credit accident and health;
    (c) credit property;
    (d) credit unemployment;
    (e) involuntary unemployment;
    (f) mortgage life;
    (g) mortgage guaranty;
    (h) mortgage accident and health;
    (i) guaranteed automobile protection; and
    (j) another form of insurance offered in connection with an extension of credit that:
    (i) is limited to partially or wholly extinguishing the credit obligation; and
    (ii) the commissioner determines by rule should be designated as a form of limited line credit insurance. See Utah Code 31A-1-301
  • Limited line credit insurance producer: means a person who sells, solicits, or negotiates one or more forms of limited line credit insurance coverage to an individual through a master, corporate, group, or individual policy. See Utah Code 31A-1-301
  • Limited line insurance: includes :
    (a) bail bond;
    (b) limited line credit insurance;
    (c) legal expense insurance;
    (d) motor club insurance;
    (e) car rental related insurance;
    (f) travel insurance;
    (g) crop insurance;
    (h) self-service storage insurance;
    (i) guaranteed asset protection waiver;
    (j) portable electronics insurance; and
    (k) another form of limited insurance that the commissioner determines by rule should be designated a form of limited line insurance. See Utah Code 31A-1-301
  • Limited lines producer: means a person who sells, solicits, or negotiates limited lines insurance. See Utah Code 31A-1-301
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Long-term care insurance: includes :
    (i) any of the following that provide directly or supplement long-term care insurance:
    (A) a group or individual annuity or rider; or
    (B) a life insurance policy or rider;
    (ii) a policy or rider that provides for payment of benefits on the basis of:
    (A) cognitive impairment; or
    (B) functional capacity; or
    (iii) a qualified long-term care insurance contract. See Utah Code 31A-1-301
  • Managed care organization: means a person:
    (a) licensed as a health maintenance organization under Chapter 8, Health Maintenance Organizations and Limited Health Plans; or
    (b) 
    (i) licensed under:
    (A) Chapter 5, Domestic Stock and Mutual Insurance Corporations;
    (B) Chapter 7, Nonprofit Health Service Insurance Corporations; or
    (C) Chapter 14, Foreign Insurers; and
    (ii) that requires an enrollee to use, or offers incentives, including financial incentives, for an enrollee to use, network providers. See Utah Code 31A-1-301
  • Medical malpractice insurance: means insurance against legal liability incident to the practice and provision of a medical service other than the practice and provision of a dental service. See Utah Code 31A-1-301
  • Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301
  • minimum required capital: means the capital that must be constantly maintained by a stock insurance corporation as required by statute. See Utah Code 31A-1-301
  • Minimum status vote: means :
    (a) in the case of a business corporation, in addition to any other required approval or vote, the satisfaction of the following conditions:
    (i) the shareholders of every class or series may vote as a separate voting group on the corporate action regardless of a limitation stated in the articles of incorporation or bylaws on the voting rights of a class or series; and
    (ii) the corporate action is required to be approved by vote of the shareholders of each class or series entitled to cast at least two-thirds of the votes that all shareholders of the class or series are entitled to cast on the action; or
    (b) in the case of a domestic entity other than a business corporation, in addition to any other required approval, vote, or consent, the satisfaction of the following conditions:
    (i) the holders of every class or series of equity interest in the entity that are entitled to receive a distribution of any kind from the entity may vote on or consent to the action regardless of any otherwise applicable limitation on the voting or consent rights of a class or series; and
    (ii) the action must be approved by vote or consent of the holders described in Subsection (12)(b)(i) entitled to cast at least two-thirds of the votes or consents that all of those holders are entitled to cast on the action. See Utah Code 16-10b-103
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage accident and health insurance: means insurance offered in connection with an extension of credit that provides indemnity for payments coming due on a mortgage while the debtor has a disability. See Utah Code 31A-1-301
  • Mortgage guaranty insurance: means surety insurance under which a mortgagee or other creditor is indemnified against losses caused by the default of a debtor. See Utah Code 31A-1-301
  • Mortgage life insurance: means insurance on the life of a debtor in connection with an extension of credit that pays if the debtor dies. See Utah Code 31A-1-301
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Motor club: means a person:
    (a) licensed under:
    (i) Chapter 5, Domestic Stock and Mutual Insurance Corporations;
    (ii) Chapter 11, Motor Clubs; or
    (iii) Chapter 14, Foreign Insurers; and
    (b) that promises for an advance consideration to provide for a stated period of time one or more:
    (i) legal services under Subsection 31A-11-102(1)(b);
    (ii) bail services under Subsection 31A-11-102(1)(c); or
    (iii) 
    (A) trip reimbursement;
    (B) towing services;
    (C) emergency road services;
    (D) stolen automobile services;
    (E) a combination of the services listed in Subsections (126)(b)(iii)(A) through (D); or
    (F) other services given in Subsections 31A-11-102(1)(b) through (f). See Utah Code 31A-1-301
  • Mutual: means a mutual insurance corporation. See Utah Code 31A-1-301
  • mutual corporation: means a mutual insurance corporation. See Utah Code 31A-1-301
  • NAIC: means the National Association of Insurance Commissioners. See Utah Code 31A-1-301
  • NAIC liquidity stress test framework: means a NAIC publication that includes:
    (a) a history of the NAIC's development of regulatory liquidity stress testing;
    (b) the scope criteria applicable for a specific data year; and
    (c) the liquidity stress test instructions and reporting templates for a specific data year, as adopted by the NAIC and as amended by the NAIC in accordance with NAIC procedures. See Utah Code 31A-1-301
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • Network plan: means health care insurance:
    (a) that is issued by an insurer; and
    (b) under which the financing and delivery of medical care is provided, in whole or in part, through a defined set of providers under contract with the insurer, including the financing and delivery of an item paid for as medical care. See Utah Code 31A-1-301
  • Network provider: means a health care provider who has an agreement with a managed care organization to provide health care services to an enrollee with an expectation of receiving payment, other than coinsurance, copayments, or deductibles, directly from the managed care organization. See Utah Code 31A-1-301
  • nonadmitted insurer: means an insurer:
    (i) not holding a valid certificate of authority to do an insurance business in this state; or
    (ii) transacting business not authorized by a valid certificate. See Utah Code 31A-1-301
  • Nonparticipating: means a plan of insurance under which the insured is not entitled to receive a dividend representing a share of the surplus of the insurer. See Utah Code 31A-1-301
  • Oath: includes "affirmation. See Utah Code 68-3-12.5
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Ocean marine insurance: means insurance against loss of or damage to:
    (a) ships or hulls of ships;
    (b) goods, freight, cargoes, merchandise, effects, disbursements, profits, money, securities, choses in action, evidences of debt, valuable papers, bottomry, respondentia interests, or other cargoes in or awaiting transit over the oceans or inland waterways;
    (c) earnings such as freight, passage money, commissions, or profits derived from transporting goods or people upon or across the oceans or inland waterways; or
    (d) a vessel owner or operator as a result of liability to employees, passengers, bailors, owners of other vessels, owners of fixed objects, customs or other authorities, or other persons in connection with maritime activity. See Utah Code 31A-1-301
  • Order: means an order of the commissioner. See Utah Code 31A-1-301
  • ORSA guidance manual: means the current version of the Own Risk and Solvency Assessment Guidance Manual developed and adopted by the National Association of Insurance Commissioners and as amended from time to time. See Utah Code 31A-1-301
  • ORSA summary report: means a confidential high-level summary of an insurer or insurance group's own risk and solvency assessment. See Utah Code 31A-1-301
  • Outline of coverage: means a summary that explains an accident and health insurance policy. See Utah Code 31A-1-301
  • Own risk and solvency assessment: means an insurer or insurance group's confidential internal assessment:
    (a) 
    (i) of each material and relevant risk associated with the insurer or insurance group;
    (ii) of the insurer or insurance group's current business plan to support each risk described in Subsection (138)(a)(i); and
    (iii) of the sufficiency of capital resources to support each risk described in Subsection (138)(a)(i); and
    (b) that is appropriate to the nature, scale, and complexity of an insurer or insurance group. See Utah Code 31A-1-301
  • Parent: means a biological or adoptive parent. See Utah Code 30-5a-102
  • Participating: means a plan of insurance under which the insured is entitled to receive a dividend representing a share of the surplus of the 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.
  • Permanent surplus: means the surplus of an insurer or organization that is designated by the insurer or organization as permanent. See Utah Code 31A-1-301
  • Person: means :Utah Code 68-3-12.5
  • 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
  • Personal lines insurance: means property and casualty insurance coverage sold for primarily noncommercial purposes to:
    (a) an individual; or
    (b) a family. See Utah Code 31A-1-301
  • Personal property: includes :Utah Code 68-3-12.5
  • Personal property: All property that is not real property.
  • Plan sponsor: means the same as that term is defined in 29 U. See Utah Code 31A-1-301
  • Plan year: means :
    (a) the year that is designated as the plan year in:
    (i) the plan document of a group health plan; or
    (ii) a summary plan description of a group health plan;
    (b) if the plan document or summary plan description does not designate a plan year or there is no plan document or summary plan description:
    (i) the year used to determine deductibles or limits;
    (ii) the policy year, if the plan does not impose deductibles or limits on a yearly basis; or
    (iii) the employer's taxable year if:
    (A) the plan does not impose deductibles or limits on a yearly basis; and
    (B) 
    (I) the plan is not insured; or
    (II) the insurance policy is not renewed on an annual basis; or
    (c) in a case not described in Subsection (144)(a) or (b), the calendar year. See Utah Code 31A-1-301
  • Policy: includes a service contract issued by:
    (i) a motor club under Chapter 11, Motor Clubs;
    (ii) a service contract provided under Chapter 6a, Service Contracts; and
    (iii) a corporation licensed under:
    (A) Chapter 7, Nonprofit Health Service Insurance Corporations; or
    (B) Chapter 8, Health Maintenance Organizations and Limited Health Plans. See Utah Code 31A-1-301
  • Policy illustration: means a presentation or depiction that includes nonguaranteed elements of a policy offering life insurance over a period of years. See Utah Code 31A-1-301
  • Policy summary: means a synopsis describing the elements of a life insurance policy. 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
  • PPACA: means the Patient Protection and Affordable Care Act, Pub. See Utah Code 31A-1-301
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Premarital agreement: means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. See Utah Code 30-8-2
  • Premium: includes , however designated:
    (i) an assessment;
    (ii) a membership fee;
    (iii) a required contribution; or
    (iv) monetary consideration. See Utah Code 31A-1-301
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Proceeding: includes an action or special statutory proceeding. See Utah Code 31A-1-301
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • 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
  • Producer for the insured: means a producer who:
    (A) is compensated directly and only by an insurance customer or an insured; and
    (B) receives no compensation directly or indirectly from an insurer for selling, soliciting, or negotiating an insurance product of that insurer to an insurance customer or insured. See Utah Code 31A-1-301
  • Producer for the insurer: means a producer who is compensated directly or indirectly by an insurer for selling, soliciting, or negotiating an insurance product of that insurer. See Utah Code 31A-1-301
  • Professional liability insurance: means insurance against legal liability incident to the practice of a profession and provision of a professional service. See Utah Code 31A-1-301
  • Property: means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings. See Utah Code 30-8-2
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Property insurance: means insurance against loss or damage to real or personal property of every kind and any interest in that property:
    (i) from all hazards or causes; and
    (ii) against loss consequential upon the loss or damage including vehicle comprehensive and vehicle physical damage coverages. See Utah Code 31A-1-301
  • Public entity: means :
    (a) the state, including each department, division, or other agency of the state; or
    (b) a county, city, town, metro township, school district, special district, special service district, interlocal cooperation entity, community reinvestment agency, or other political subdivision of the state, including the authority. See Utah Code 11-58-102
  • Publicly traded corporation: means a business corporation that has shares listed on a national securities exchange or traded in a market maintained by one or more members of a national securities association. See Utah Code 16-10b-103
  • Qualified United States financial institution: means an institution that:
    (a) is:
    (i) organized under the laws of the United States or any state; or
    (ii) in the case of a United States office of a foreign banking organization, licensed under the laws of the United States or any state;
    (b) is regulated, supervised, and examined by a United States federal or state authority having regulatory authority over a bank or trust company; and
    (c) meets the standards of financial condition and standing that are considered necessary and appropriate to regulate the quality of a financial institution whose letters of credit will be acceptable to the commissioner as determined by:
    (i) the commissioner by rule; or
    (ii) the Securities Valuation Office of the National Association of Insurance Commissioners. See Utah Code 31A-1-301
  • Rate: means :
    (i) the cost of a given unit of insurance; or
    (ii) for property or casualty insurance, that cost of insurance per exposure unit either expressed as:
    (A) a single number; or
    (B) a pure premium rate, adjusted before the application of individual risk variations based on loss or expense considerations to account for the treatment of:
    (I) expenses;
    (II) profit; and
    (III) individual insurer variation in loss experience. See Utah Code 31A-1-301
  • Rate service organization: means a person who assists an insurer in rate making or filing by:
    (i) collecting, compiling, and furnishing loss or expense statistics;
    (ii) recommending, making, or filing rates or supplementary rate information; or
    (iii) advising about rate questions, except as an attorney giving legal advice. See Utah Code 31A-1-301
  • Rating manual: means any of the following used to determine initial and renewal policy premiums:
    (a) a manual of rates;
    (b) a classification;
    (c) a rate-related underwriting rule; and
    (d) a rating formula that describes steps, policies, and procedures for determining initial and renewal policy premiums. See Utah Code 31A-1-301
  • real property: includes :Utah Code 68-3-12.5
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Rebate: means a licensee paying, allowing, giving, or offering to pay, allow, or give, directly or indirectly:
    (i) a refund of premium or portion of premium;
    (ii) a refund of commission or portion of commission;
    (iii) a refund of all or a portion of a consultant fee; or
    (iv) providing services or other benefits not specified in an insurance or annuity contract. See Utah Code 31A-1-301
  • Received by the department: means :
    (a) the date delivered to and stamped received by the department, if delivered in person;
    (b) the post mark date, if delivered by mail;
    (c) the delivery service's post mark or pickup date, if delivered by a delivery service;
    (d) the received date recorded on an item delivered, if delivered by:
    (i) facsimile;
    (ii) email; or
    (iii) another electronic method; or
    (e) a date specified in:
    (i) a statute;
    (ii) a rule; or
    (iii) an order. See Utah Code 31A-1-301
  • Reinsurance: means an insurance transaction where an insurer, for consideration, transfers any portion of the risk it has assumed to another insurer. See Utah Code 31A-1-301
  • Reinsurer: means a person licensed in this state as an insurer with the authority to assume reinsurance. See Utah Code 31A-1-301
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Residential dwelling liability insurance: means insurance against liability resulting from or incident to the ownership, maintenance, or use of a residential dwelling that is a detached single family residence or multifamily residence up to four units. See Utah Code 31A-1-301
  • Retrocession: means reinsurance with another insurer of a liability assumed under a reinsurance contract. See Utah Code 31A-1-301
  • Rider: means an endorsement to:
    (a) an insurance policy; or
    (b) an insurance certificate. See Utah Code 31A-1-301
  • Road: includes :Utah Code 68-3-12.5
  • Scope criteria: means the designated exposure bases and minimum magnitudes for a specified data year that are used to establish a preliminary list of insurers considered scoped into the NAIC liquidity stress test framework for that data year. See Utah Code 31A-1-301
  • Secondary medical condition: means a complication related to an exclusion from coverage in accident and health insurance. See Utah Code 31A-1-301
  • Security: means a:
    (i) note;
    (ii) stock;
    (iii) bond;
    (iv) debenture;
    (v) evidence of indebtedness;
    (vi) certificate of interest or participation in a profit-sharing agreement;
    (vii) collateral-trust certificate;
    (viii) preorganization certificate or subscription;
    (ix) transferable share;
    (x) investment contract;
    (xi) voting trust certificate;
    (xii) certificate of deposit for a security;
    (xiii) certificate of interest of participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease;
    (xiv) commodity contract or commodity option;
    (xv) certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase any of the items listed in Subsections (171)(a)(i) through (xiv); or
    (xvi) another interest or instrument commonly known as a security. See Utah Code 31A-1-301
  • Securityholder: means a specified person who owns a security of a person, including:
    (a) common stock;
    (b) preferred stock;
    (c) debt obligations; and
    (d) any other security convertible into or evidencing the right of any of the items listed in this Subsection (172). See Utah Code 31A-1-301
  • Self-insurance: includes :
    (i) an arrangement under which a governmental entity undertakes to indemnify an employee for liability arising out of the employee's employment; and
    (ii) an arrangement under which a person with a managed program of self-insurance and risk management undertakes to indemnify the person's affiliate, subsidiary, director, officer, or employee for liability or risk that arises out of the person's relationship with the affiliate, subsidiary, director, officer, or employee. See Utah Code 31A-1-301
  • Sell: means to exchange a contract of insurance:
    (a) by any means;
    (b) for money or its equivalent; and
    (c) on behalf of an insurance company. 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.
  • Short-term limited duration health insurance: means a health benefit product that:
    (a) after taking into account any renewals or extensions, has a total duration of no more than 36 months; and
    (b) has an expiration date specified in the contract that is less than 12 months after the original effective date of coverage under the health benefit product. See Utah Code 31A-1-301
  • Significant break in coverage: means a period of 63 consecutive days during each of which an individual does not have creditable coverage. See Utah Code 31A-1-301
  • Small employer: means , in connection with a health benefit plan and with respect to a calendar year and to a plan year, an employer who:
    (i) 
    (A) employed at least one but not more than 50 eligible employees on business days during the preceding calendar year; or
    (B) if the employer did not exist for the entirety of the preceding calendar year, reasonably expects to employ an average of at least one but not more than 50 eligible employees on business days during the current calendar year;
    (ii) employs at least one employee on the first day of the plan year; and
    (iii) for an employer who has common ownership with one or more other employers, is treated as a single employer under 26 U. See Utah Code 31A-1-301
  • Specific public benefit: includes :
    (a) providing low-income or underserved individuals or communities with beneficial products or services;
    (b) promoting economic opportunity for individuals or communities beyond the creation of jobs in the normal course of business;
    (c) protecting or restoring the environment;
    (d) improving human health;
    (e) promoting the arts, sciences, or advancement of knowledge;
    (f) increasing the flow of capital to entities with a purpose to benefit society or the environment; and
    (g) conferring any other particular benefit on society or the environment. See Utah Code 16-10b-103
  • 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
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Stock corporation: means a stock insurance corporation. See Utah Code 31A-1-301
  • Subsidiary: means , in relation to a person, an entity in which the person owns beneficially or of record 50% or more of the outstanding equity interests, calculated as if all outstanding rights to acquire equity interests in the entity had been exercised. See Utah Code 16-10b-103
  • surety insurance: includes :
    (a) a guarantee against loss or damage resulting from the failure of a principal to pay or perform the principal's obligations to a creditor or other obligee;
    (b) bail bond insurance; and
    (c) fidelity insurance. See Utah Code 31A-1-301
  • Surplus: means the excess of assets over the sum of paid-in capital and liabilities. See Utah Code 31A-1-301
  • Third-party standard: means a recognized standard for defining, reporting, and assessing corporate social and environmental performance that:
    (a) assesses the effect of the business and its operations upon the interests listed in Subsections 16-10b-301(1)(a)(ii), (iii), (iv), and (v);
    (b) is developed by an entity that is not controlled by the benefit corporation;
    (c) is developed by an entity that both:
    (i) has access to necessary expertise to assess overall corporate social and environmental performance; and
    (ii) uses a balanced multistakeholder approach to develop the standard, including a reasonable public comment period; or
    (d) makes the following information publicly available:
    (i) about the standard:
    (A) the criteria considered when measuring the overall social and environmental performance of a business; and
    (B) the relative weightings, if any, of those criteria; and
    (ii) about the development and revision of the standard:
    (A) the identity of the directors, officers, material owners, and the governing body of the entity that developed and controls revisions to the standard;
    (B) the process by which revisions to the standard and changes to the membership of the governing body are made; or
    (C) an accounting of the revenue and sources of financial support for the entity, with sufficient detail to disclose a relationship that could reasonably be considered to present a potential conflict of interest. See Utah Code 16-10b-103
  • Title insurance: means the insuring, guaranteeing, or indemnifying of an owner of real or personal property or the holder of liens or encumbrances on that property, or others interested in the property against loss or damage suffered by reason of liens or encumbrances upon, defects in, or the unmarketability of the title to the property, or invalidity or unenforceability of any liens or encumbrances on the property. See Utah Code 31A-1-301
  • Total adjusted capital: means the sum of an insurer's or health organization's statutory capital and surplus as determined in accordance with:
    (a) the statutory accounting applicable to the annual financial statements required to be filed under Section 31A-4-113; and
    (b) another item provided by the RBC instructions, as RBC instructions is defined in Section 31A-17-601. See Utah Code 31A-1-301
  • Trustee: means "director" when referring to the board of directors of a corporation. See Utah Code 31A-1-301
  • Trustee: A person or institution holding and administering property in trust.
  • under common control: means the direct or indirect possession of the power to direct or cause the direction of the management and policies of a person. See Utah Code 31A-1-301
  • Underwrite: means the authority to accept or reject risk on behalf of the insurer. See Utah Code 31A-1-301
  • Uniformed services: means :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
  • Vehicle liability insurance: means insurance against liability resulting from or incident to ownership, maintenance, or use of a land vehicle or aircraft, exclusive of a vehicle comprehensive or vehicle physical damage coverage described in Subsection (155). See Utah Code 31A-1-301
  • Venue: The geographical location in which a case is tried.
  • Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5
  • Voting security: means a security with voting rights, and includes a security convertible into a security with a voting right associated with the security. See Utah Code 31A-1-301
  • Writing: includes :Utah Code 68-3-12.5

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