Terms Used In Utah Code > Title 31A > Chapter 22 > Part 18 - Portable Electronics Insurance Act

• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Affiliate: means a person who controls, is controlled by, or is under common control with, another person. See Utah Code 31A-1-301
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Allegation: something that someone says happened.
• 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.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• 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 Appointing officer: means :Utah Code 63G-6a-1701.5 Arrest: Taking physical custody of a person by lawful authority. Bidder: means a person who submits a bid or price quote in response to an invitation for bids. See Utah Code 63G-6a-103 Board: means the Utah State Procurement Policy Board, created in Section 63G-6a-202. See Utah Code 63G-6a-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 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 Chief procurement officer: means the individual appointed under Section 63A-2-102. See Utah Code 63G-6a-103 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Claim: means any asserted demand for or cause of action for money or damages, whether arising under the common law, under state constitutional provisions, or under state statutes, against a governmental entity or against an employee in the employee's personal capacity. See Utah Code 63G-7-102 Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action. Conducting procurement unit: means a procurement unit that conducts all aspects of a procurement: (a)  except: (i)  reviewing a solicitation to verify that it is in proper form; and (ii)  causing the publication of a notice of a solicitation; and (b)  including: (i)  preparing any solicitation document; (ii)  appointing an evaluation committee; (iii)  conducting the evaluation process, except the process relating to scores calculated for costs of proposals; (iv)  selecting and recommending the person to be awarded a contract; (v)  negotiating the terms and conditions of a contract, subject to the issuing procurement unit's approval; and (vi)  contract administration. See Utah Code 63G-6a-103 Continuance: Putting off of a hearing ot trial until a later time. Contract: A legal written agreement that becomes binding when signed. Contract: means an agreement for a procurement. See Utah Code 63G-6a-103 Contract administration: means all functions, duties, and responsibilities associated with managing, overseeing, and carrying out a contract between a procurement unit and a contractor, including: (a)  implementing the contract; (b)  ensuring compliance with the contract terms and conditions by the conducting procurement unit and the contractor; (c)  executing change orders; (d)  processing contract amendments; (e)  resolving, to the extent practicable, contract disputes; (f)  curing contract errors and deficiencies; (g)  terminating a contract; (h)  measuring or evaluating completed work and contractor performance; (i)  computing payments under the contract; and (j)  closing out a contract. See Utah Code 63G-6a-103 Contractor: means a person who is awarded a contract with a procurement unit. See Utah Code 63G-6a-103 Cooperative procurement: means procurement conducted by, or on behalf of: (a)  more than one procurement unit; or (b)  a procurement unit and a cooperative purchasing organization. See Utah Code 63G-6a-103 Cooperative purchasing organization: means an organization, association, or alliance of purchasers established to combine purchasing power in order to obtain the best value for the purchasers by engaging in procurements in accordance with Section 63G-6a-2105. See Utah Code 63G-6a-103 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. Customer: means a person who purchases portable electronics. See Utah Code 31A-22-1802 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Days: means calendar days, unless expressly provided otherwise. See Utah Code 63G-6a-103 Department: means the Insurance Department. See Utah Code 31A-1-301 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Division: means the Division of Purchasing and General Services, created in Section 63A-2-101. See Utah Code 63G-6a-103 Employee: includes : (i)  a governmental entity's officers, employees, servants, trustees, or commissioners; (ii)  a member of a governing body; (iii)  a member of a government entity board; (iv)  a member of a government entity commission; (v)  members of an advisory body, officers, and employees of a Children's Justice Center created in accordance with Section 67-5b-102; (vi)  a student holding a license issued by the State Board of Education; (vii)  an educational aide; (viii)  a student engaged in an internship under Section 53B-16-402 or 53G-7-902; (ix)  a volunteer, as defined in Section 67-20-2; and (x)  a tutor. See Utah Code 63G-7-102 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 Endorsement: means a written agreement attached to a policy or certificate to modify the policy or certificate coverage. See Utah Code 31A-1-301 Enrolled customer: means a customer who elects coverage under a portable electronics insurance policy issued to a vendor of portable electronics. See Utah Code 31A-22-1802 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 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. Executive branch procurement unit: means a department, division, office, bureau, agency, or other organization within the state executive branch. See Utah Code 63G-6a-103 Family member: means a father, mother, husband, wife, son, daughter, sister, brother, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law. See Utah Code 63G-6a-2402 Fiduciary: A trustee, executor, or administrator. 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 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 Fraud: Intentional deception resulting in injury to another. Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Governing body: means an administrative, advisory, executive, or legislative body of a public entity. See Utah Code 63G-6a-2402 Governmental entity: means : (a)  the state and its political subdivisions; and (b)  a law enforcement agency, as defined in Section 53-1-102, that employs one or more law enforcement officers, as defined in Section 53-13-103. See Utah Code 63G-7-102 Governmental function: includes each activity, undertaking, or operation performed by a department, agency, employee, agent, or officer of a governmental entity. See Utah Code 63G-7-102 Grant: means an expenditure of public funds or other assistance, or an agreement to expend public funds or other assistance, for a public purpose authorized by law, without acquiring a procurement item in exchange. See Utah Code 63G-6a-103 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 Highway: includes :Utah Code 68-3-12.5 Indemnity: means the payment of an amount to offset all or part of an insured loss. See Utah Code 31A-1-301 Independent procurement unit: means : (a)  (i)  a legislative procurement unit; (ii)  a judicial branch procurement unit; (iii)  an educational procurement unit; (iv)  a local government procurement unit; (v)  a conservation district; (vi)  a local building authority; (vii)  a special district; (viii)  a public corporation; (ix)  a special service district; or (x)  the Utah Communications Authority, established in Section 63H-7a-201; (b)  the facilities division, but only to the extent of the procurement authority provided under Title 63A, Chapter 5b, Administration of State Facilities; (c)  the attorney general, but only to the extent of the procurement authority provided under Title 67, Chapter 5, Attorney General; (d)  the Department of Transportation, but only to the extent of the procurement authority provided under Title 72, Transportation Code; or (e)  any other executive branch department, division, office, or entity that has statutory procurement authority outside this chapter, but only to the extent of that statutory procurement authority. See Utah Code 63G-6a-103 Individual: means a natural person. See Utah Code 31A-1-301 Injury: means death, injury to a person, damage to or loss of property, or any other injury that a person may suffer to the person or estate, that would be actionable if inflicted by a private person or the private person's agent. See Utah Code 63G-7-102 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 Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC Issuing procurement unit: means a procurement unit that: (a)  reviews a solicitation to verify that it is in proper form; (b)  causes the notice of a solicitation to be published; and (c)  negotiates and approves the terms and conditions of a contract. See Utah Code 63G-6a-103 Judicial procurement unit: means : (a)  the Utah Supreme Court; (b)  the Utah Court of Appeals; (c)  the Judicial Council; (d)  a state judicial district; or (e)  an office, committee, subcommittee, or other organization within the state judicial branch. See Utah Code 63G-6a-103 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 Legislative procurement unit: means : (a)  the Legislature; (b)  the Senate; (c)  the House of Representatives; (d)  a staff office of the Legislature, the Senate, or the House of Representatives; or (e)  a committee, subcommittee, commission, or other organization: (i)  within the state legislative branch; or (ii)  (A)  that is created by statute to advise or make recommendations to the Legislature; (B)  the membership of which includes legislators; and (C)  for which the Office of Legislative Research and General Counsel provides staff support. See Utah Code 63G-6a-103 License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301 Lien: A claim against real or personal property in satisfaction of a debt. Limited lines producer: means a person who sells, solicits, or negotiates limited lines insurance. See Utah Code 31A-1-301 Local government procurement unit: means : (a)  a county, municipality, or project entity, and each office of the county, municipality, or project entity, unless: (i)  the county or municipality adopts a procurement code by ordinance; or (ii)  the project entity adopts a procurement code through the process described in Section 11-13-316; (b)  (i)  a county or municipality that has adopted this entire chapter by ordinance, and each office or agency of that county or municipality; and (ii)  a project entity that has adopted this entire chapter through the process described in Subsection 11-13-316; or (c)  a county, municipality, or project entity, and each office of the county, municipality, or project entity that has adopted a portion of this chapter to the extent that: (i)  a term in the ordinance is used in the adopted chapter; or (ii)  a term in the ordinance is used in the language a project entity adopts in its procurement code through the process described in Section 11-13-316. See Utah Code 63G-6a-103 Location: means a physical location in the state or a website, call center site, or similar location directed to residents of the state. See Utah Code 31A-22-1802 Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Nonadopting local government procurement unit: means : (a)  a county or municipality that has not adopted 16, 17, 18, and 19; and (b)  each office or agency of a county or municipality described in Subsection (50)(a). See Utah Code 63G-6a-103 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. Offeror: means a person who submits a proposal in response to a request for proposals. See Utah Code 63G-6a-103 Order: means an order of the commissioner. 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 injury: means an injury of any kind other than property damage. See Utah Code 63G-7-102 Personal property: includes :Utah Code 68-3-12.5 Personal property: All property that is not real property. Plaintiff: The person who files the complaint in a civil lawsuit. 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 Policyholder: means a person who controls a policy, binder, or oral contract by ownership, premium payment, or otherwise. See Utah Code 31A-1-301 Portable electronics: means : (a)  an electronic device that is portable in nature; and (b)  an accessory or service related to the use of the portable electronic device. See Utah Code 31A-22-1802 Portable electronics insurance: means insurance providing coverage for the repair or replacement of portable electronics that provides coverage for portable electronics against any one or more of the following: (i)  loss; (ii)  theft; (iii)  inoperability due to mechanical failure; (iv)  malfunction; (v)  damage; or (vi)  other similar cause of loss. See Utah Code 31A-22-1802 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 Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents. Probable cause: A reasonable ground for belief that the offender violated a specific law. Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Procurement: means the acquisition of a procurement item through an expenditure of public funds, or an agreement to expend public funds, including an acquisition through a public-private partnership. See Utah Code 63G-6a-103 Procurement item: means an item of personal property, a technology, a service, or a construction project. See Utah Code 63G-6a-103 Procurement official: means : (a)  for a procurement unit other than an independent procurement unit, the chief procurement officer; (b)  for a legislative procurement unit, the individual, individuals, or body designated in a policy adopted by the Legislative Management Committee; (c)  for a judicial procurement unit, the Judicial Council or an individual or body designated by the Judicial Council by rule; (d)  for a local government procurement unit: (i)  the legislative body of the local government procurement unit; or (ii)  an individual or body designated by the local government procurement unit; (e)  for a special district, the board of trustees of the special district or the board of trustees' designee; (f)  for a special service district, the governing body of the special service district or the governing body's designee; (g)  for a local building authority, the board of directors of the local building authority or the board of directors' designee; (h)  for a conservation district, the board of supervisors of the conservation district or the board of supervisors' designee; (i)  for a public corporation, the board of directors of the public corporation or the board of directors' designee; (j)  for a school district or any school or entity within a school district, the board of the school district or the board's designee; (k)  for a charter school, the individual or body with executive authority over the charter school or the designee of the individual or body; (l)  for an institution of higher education described in Section 53B-2-101, the president of the institution of higher education or the president's designee; (m)  for the State Board of Education, the State Board of Education or the State Board of Education's designee; (n)  for the Utah Board of Higher Education, the Commissioner of Higher Education or the designee of the Commissioner of Higher Education; (o)  for the Utah Communications Authority, established in Section 63H-7a-201, the executive director of the Utah Communications Authority or the executive director's designee; or (p)  (i)  for the facilities division, and only to the extent of procurement activities of the facilities division as an independent procurement unit under the procurement authority provided under Title 63A, Chapter 5b, Administration of State Facilities, the director of the facilities division or the director's designee; (ii)  for the attorney general, and only to the extent of procurement activities of the attorney general as an independent procurement unit under the procurement authority provided under Title 67, Chapter 5, Attorney General, the attorney general or the attorney general's designee; (iii)  for the Department of Transportation created in Section 72-1-201, and only to the extent of procurement activities of the Department of Transportation as an independent procurement unit under the procurement authority provided under Title 72, Transportation Code, the executive director of the Department of Transportation or the executive director's designee; or (iv)  for any other executive branch department, division, office, or entity that has statutory procurement authority outside this chapter, and only to the extent of the procurement activities of the department, division, office, or entity as an independent procurement unit under the procurement authority provided outside this chapter for the department, division, office, or entity, the chief executive officer of the department, division, office, or entity or the chief executive officer's designee. See Utah Code 63G-6a-103 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 Property: includes both real and personal property. See Utah Code 68-3-12.5 Property damage: means injury to, or loss of, any right, title, estate, or interest in real or personal property. See Utah Code 63G-7-102 Protest appeal record: means the same as that term is defined in Section 63G-6a-1601. See Utah Code 63G-6a-1701.5 Protest officer: means : (a)  for the division or an independent procurement unit: (i)  the procurement official; (ii)  the procurement official's designee who is an employee of the procurement unit; or (iii)  a person designated by rule made by the rulemaking authority; or (b)  for a procurement unit other than an independent procurement unit, the chief procurement officer or the chief procurement officer's designee who is an employee of the division . See Utah Code 63G-6a-103 Protestor: means the same as that term is defined in Section 63G-6a-1601. See Utah Code 63G-6a-1701.5 Public entity: means the state or any other government entity within the state that expends public funds. See Utah Code 63G-6a-103 Public transit district: means a public transit district organized under 8. See Utah Code 63G-6a-103 Remand: When an appellate court sends a case back to a lower court for further proceedings. Request for proposals: means a document used to solicit proposals to provide a procurement item to a procurement unit, including all other documents that are attached to that document or incorporated in that document by reference. See Utah Code 63G-6a-103 Responsible: means being capable, in all respects, of: (a)  meeting all the requirements of a solicitation; and (b)  fully performing all the requirements of the contract resulting from the solicitation, including being financially solvent with sufficient financial resources to perform the contract. See Utah Code 63G-6a-103 Responsive: means conforming in all material respects to the requirements of a solicitation. See Utah Code 63G-6a-103 Road: includes :Utah Code 68-3-12.5 Rule: includes a policy or regulation adopted by the rulemaking authority, if adopting a policy or regulation is the method the rulemaking authority uses to adopt provisions that govern the applicable procurement unit. See Utah Code 63G-6a-103 Rulemaking authority: means : (a)  for a legislative procurement unit, the Legislative Management Committee; (b)  for a judicial procurement unit, the Judicial Council; (c)  (i)  only to the extent of the procurement authority expressly granted to the procurement unit by statute: (A)  for the facilities division, the facilities division; (B)  for the Office of the Attorney General, the attorney general; (C)  for the Department of Transportation created in Section 72-1-201, the executive director of the Department of Transportation; and (D)  for any other executive branch department, division, office, or entity that has statutory procurement authority outside this chapter, the governing authority of the department, division, office, or entity; and (ii)  for each other executive branch procurement unit, the board; (d)  for a local government procurement unit: (i)  the governing body of the local government unit; or (ii)  an individual or body designated by the local government procurement unit; (e)  for a school district or a public school, the board, except to the extent of a school district's own nonadministrative rules that do not conflict with the provisions of this chapter; (f)  for a state institution of higher education, the Utah Board of Higher Education; (g)  for the State Board of Education or the Utah Schools for the Deaf and the Blind, the State Board of Education; (h)  for a public transit district, the chief executive of the public transit district; (i)  for a special district other than a public transit district or for a special service district, the board, except to the extent that the board of trustees of the special district or the governing body of the special service district makes its own rules: (i)  with respect to a subject addressed by board rules; or (ii)  that are in addition to board rules; (j)  for the Utah Educational Savings Plan, created in Section 53B-8a-103, the Utah Board of Higher Education; (k)  for the School and Institutional Trust Lands Administration, created in Section 53C-1-201, the School and Institutional Trust Lands Board of Trustees; (l)  for the School and Institutional Trust Fund Office, created in Section 53D-1-201, the School and Institutional Trust Fund Board of Trustees; (m)  for the Utah Communications Authority, established in Section 63H-7a-201, the Utah Communications Authority board, created in Section 63H-7a-203; or (n)  for any other procurement unit, the board. See Utah Code 63G-6a-103 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 Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 Solicitation: means an invitation for bids, request for proposals, or request for statement of qualifications. See Utah Code 63G-6a-103 Special district: means the same as that term is defined in Section 17B-1-102. See Utah Code 63G-6a-103 Special service district: means the same as that term is defined in Section 17D-1-102. See Utah Code 63G-6a-103 Standard procurement process: means : (a)  the bidding process; (b)  the request for proposals process; (c)  the approved vendor list process; (d)  the small purchase process; or (e)  the design professional procurement process. See Utah Code 63G-6a-103 State: means the state of Utah, and includes each office, department, division, agency, authority, commission, board, institution, hospital, college, university, Children's Justice Center, or other instrumentality of the state. See Utah Code 63G-7-102 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 State cooperative contract: means a contract awarded by the division for and in behalf of all public entities. See Utah Code 63G-6a-103 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. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Uphold: The decision of an appellate court not to reverse a lower court decision. Vendor: means a person in the business of engaging in portable electronics transactions directly or indirectly. See Utah Code 31A-22-1802 Warranty: means a promise made solely by the manufacturer, importer, seller, or lessor of property or services without consideration, that is not negotiated or separated from the sale of the product and is incidental to the sale of the product, that guarantees indemnity for defective parts, mechanical or electrical breakdown, labor, or other remedial measures, such as repair or replacement of the property or repetition of services. See Utah Code 31A-22-1802 Willful misconduct: means the intentional doing of a wrongful act, or the wrongful failure to act, without just cause or excuse, where the actor is aware that the actor's conduct will probably result in injury. See Utah Code 63G-7-102 Writing: includes :Utah Code 68-3-12.5