Terms Used In Utah Code > Title 31A > Chapter 19a > Part 4 - Workers' Compensation Rates

• Agency: includes the State Board of Education and each higher education institution described in Section 53B-1-102. See Utah Code 63A-9-101
• 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 Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization classification: means the process of grouping risks with similar risk characteristics so that differences in anticipated costs may be recognized. See Utah Code 31A-19a-102 Committee: means the Motor Vehicle Review Committee created by this chapter. See Utah Code 63A-9-101 Compliance agency: means the same as that term is defined in Section 15A-1-202. See Utah Code 63A-5b-102 Contract: A legal written agreement that becomes binding when signed. 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. Department: means the Department of Government Operations. See Utah Code 63A-1-103 Department: means the Insurance Department. See Utah Code 31A-1-301 Director: means the division director, appointed under Section 63A-5b-302. See Utah Code 63A-5b-102 Director: means the director of the division. See Utah Code 63A-9-101 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Division: means the Division of Facilities Construction and Management created in Section 63A-5b-301. See Utah Code 63A-5b-102 Division: means the Division of Fleet Operations created by this chapter. See Utah Code 63A-9-101 Donor: The person who makes a gift. 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 Executive director: means the executive director of the Department of Government Operations. See Utah Code 63A-9-101 Executive director: means the executive director of the Department of Government Operations. See Utah Code 63A-1-103 Expenses: means that portion of a rate attributable to: (a)  acquisition; (b)  field supervision; (c)  collection expenses; (d)  general expenses; (e)  taxes; (f)  licenses; and (g)  fees. See Utah Code 31A-19a-102 Experience rating: means a rating procedure that: (a)  uses the past insurance experience of an individual policyholder to forecast the future losses of the policyholder by measuring the policyholder's loss experience against the loss experience of policyholders in the same classification; and (b)  produces a prospective premium credit, debit, or unity modification. See Utah Code 31A-19a-102 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 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. Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Highway: includes :Utah Code 68-3-12.5 Institution of higher education: means an institution listed in Subsection 53B-2-101(1). See Utah Code 63A-5b-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 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. 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 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 Loss adjustment expense: means the expenses incurred by the insurer in the course of settling claims. See Utah Code 31A-19a-102 Motor vehicle: includes vehicles used for construction and other nontransportation purposes. See Utah Code 63A-9-101 Order: means an order of the commissioner. See Utah Code 31A-1-301 Oversight: Committee review of the activities of a Federal agency or program. Person: means :Utah Code 68-3-12.5 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. Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Property: includes both real and personal property. See Utah Code 68-3-12.5 Quorum: The number of legislators that must be present to do business. Rate: means that cost of insurance per exposure unit either expressed as: (i)  a single number; or (ii)  as a pure premium rate, adjusted before any application of individual risk variations, based on loss or expense considerations to account for the treatment of: (A)  expenses; (B)  profit; and (C)  individual insurer variation in loss experience. See Utah Code 31A-19a-102 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 Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 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. Supplementary rate information: includes one or more of the following needed to determine the applicable rate in effect or to be in effect: (a)  a manual or plan of rates; (b)  a statistical plan; (c)  a classification; (d)  a rating schedule; (e)  a minimum premium; (f)  a policy fee; (g)  a rating rule; (h)  a rate-related underwriting rule; (i)  a rate modification plan; or (j)  any other similar information prescribed by rule of the commissioner as supplementary rate information. See Utah Code 31A-19a-102 Supporting information: includes one or more of the following: (a)  data demonstrating actuarial justification for the basic rate factors, classifications, expenses, and profit factors used by the filer; (b)  the experience and judgment of the filer; (c)  the experience or data of other insurers or rate service organizations relied upon by the filer; (d)  the interpretation of any other data relied upon by the filer; (e)  descriptions of methods used in making the rates; or (f)  any other information defined by rule as supporting information that is required to be filed. See Utah Code 31A-19a-102 Trust lands administration: means the School and Institutional Trust Lands Administration established in Section 53C-1-201. See Utah Code 63A-5b-102 Uniform experience rating plan: means a plan that is consistent between all insurers for experience rating entities insured for workers' compensation insurance. See Utah Code 31A-19a-403 Uniform statistical plan: means a plan that is consistent between all insurers that is used for the reporting of workers' compensation insurance statistical data. See Utah Code 31A-19a-403 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Utah Board of Higher Education: means the Utah Board of Higher Education established in Section 53B-1-402. See Utah Code 63A-5b-102 Writing: includes :Utah Code 68-3-12.5