§ 31A-23a-201 Exceptions to producer licensing
§ 31A-23a-202 Continuing education requirements
§ 31A-23a-203 Training period requirements
§ 31A-23a-203.5 Errors and omissions coverage requirements
§ 31A-23a-204 Special requirements for title insurance producers and agencies
§ 31A-23a-205 Special requirements for bail bond producers and bail bond enforcement agents
§ 31A-23a-206 Special requirements for variable contracts line of authority
§ 31A-23a-207 Registration of motor club agents
§ 31A-23a-208 Producer and agency authority in health insurance exchange

Terms Used In Utah Code > Title 31A > Chapter 23a > Part 2 - Producers and Consultants

  • 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
  • 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) the House of Representatives;
    (b) the Senate;
    (c) a staff office of the Legislature;
    (d) a department in the executive branch of state government;
    (e) the Judicial Council; or
    (f) a state institution of higher education. See Utah Code 63G-17-102
  • Agency: means :
    (a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and
    (b) an insurance organization licensed or required to be licensed under Section 31A-23a-301, 31A-25-207, or 31A-26-209. See Utah Code 31A-1-301
  • 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
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • biotechnology: is:
    (a) the modification of living organisms by recombinant DNA techniques; and
    (b) a means to accomplish, through genetic engineering, the same kinds of modifications accomplished through traditional genetic techniques such as crossbreeding. See Utah Code 63G-19-101
  • Casualty insurance: means liability insurance. See Utah Code 31A-1-301
  • Child placing: means the same as that term is defined in Section 62A-2-101. See Utah Code 63G-20-102
  • Child-placing agency: means a private person that is engaged in child placing related to a child who is not in the custody of the state. See Utah Code 63G-20-102
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • 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
  • 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 Insurance Department. See Utah Code 31A-1-301
  • Designated agency: means :
    (a) the Governor's Office of Economic Opportunity;
    (b) the Division of Wildlife Resources;
    (c) the Department of Public Safety;
    (d) the Division of Technology Services; or
    (e) the Department of Workforce Services. See Utah Code 63G-21-102
  • Designated county: means :
    (a) Salt Lake County;
    (b) Davis County;
    (c) Utah County;
    (d) Weber County;
    (e) Box Elder County;
    (f) Cache County;
    (g) Duchesne County; or
    (h) Uintah County. See Utah Code 63G-17-102
  • Director: means a member of the board of directors of a corporation. 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
  • 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
  • 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.
  • Fiduciary: A trustee, executor, or administrator.
  • 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
  • Government retaliation: means an action by a state or local government or an action by a state or local government official that:
    (a) is taken in response to a person's exercise of a protection contained in Section 17-20-4, 63G-20-201, 63G-20-203. See Utah Code 63G-20-102
  • 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
  • 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
  • Home state: means :
    (a) a state or territory of the United States or the District of Columbia in which an insurance producer, limited lines producer, consultant, managing general agent, or reinsurance intermediary licensee:
    (i) maintains the licensee's principal:
    (A) place of residence; or
    (B) place of business; and
    (ii) is licensed to act as a resident licensee; or
    (b) if the resident state, territory, or the District of Columbia described in Subsection (3)(a) does not license for the line of authority sought, a state, territory, or the District of Columbia:
    (i) in which the licensee is licensed;
    (ii) in which the licensee is in good standing; and
    (iii) that the licensee has designated as the licensee's designated home state. See Utah Code 31A-23a-102
  • Individual: means a natural person. See Utah Code 31A-1-301
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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
  • Insurer: is a s defined in Section 31A-1-301, except that the following persons or similar persons are not insurers for purposes of 7:
    (a) a risk retention group as defined in:
    (i) the Superfund Amendments and Reauthorization Act of 1986, Pub. See Utah Code 31A-23a-102
  • Land: includes :Utah Code 68-3-12.5
  • 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 lines producer: means a person who sells, solicits, or negotiates limited lines insurance. See Utah Code 31A-1-301
  • 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
  • Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301
  • Mitigation efforts: means measures taken to reduce the emission of air pollutants, including:
    (a) flexible work schedules to reduce driving during peak times;
    (b) telecommuting;
    (c) electronic communication, including teleconferencing;
    (d) encouraging ride sharing;
    (e) encouraging use of public or alternative forms of transportation;
    (f) energy conservation;
    (g) using alternative energy sources;
    (h) recycling and using recycled products;
    (i) using non-aerosol products;
    (j) reducing idling;
    (k) low-maintenance landscaping; or
    (l) other technology that may be used, or measures that may be taken, to reduce the emission of air pollutants. See Utah Code 63G-17-102
  • 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
  • Negotiate: means the act of conferring directly with or offering advice directly to a purchaser or prospective purchaser of a particular contract of insurance concerning a substantive benefit, term, or condition of the contract if the person engaged in that act:
    (a) sells insurance; or
    (b) obtains insurance from insurers for purchasers. See Utah Code 31A-23a-102
  • 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
  • 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
  • Political subdivision: means :
    (a) a county;
    (b) a municipality, as defined in Section 10-1-104;
    (c) a special district;
    (d) a special service district;
    (e) an interlocal entity, as defined in Section 11-13-103;
    (f) a community reinvestment agency;
    (g) a local building authority; or
    (h) a conservation district. See Utah Code 63G-22-102
  • producer: means a person licensed or required to be licensed under the laws of this state to sell, solicit, or negotiate insurance. See Utah Code 31A-1-301
  • 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
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Public official: means :
    (i) an appointed official or an elected official as those terms are defined in Section 63A-17-502; or
    (ii) an individual elected or appointed to a county office, municipal office, school board or school district office, special district office, or special service district office. See Utah Code 63G-22-102
  • Religious official: includes an individual designated by the religion as clergy, minister, priest, pastor, rabbi, imam, bishop, stake president, or sealer, when that individual is acting as such. See Utah Code 63G-20-102
  • Religious organization: means :
    (a) a religious organization, association, educational institution, or society;
    (b) a religious corporation sole; or
    (c) any corporation or association constituting a wholly owned subsidiary, affiliate, or agency of any religious organization, association, educational institution, society, or religious corporation sole. See Utah Code 63G-20-102
  • 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.
  • Resident: is a s defined by rule made by the commissioner in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 31A-23a-102
  • 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-23a-102
  • Sexuality: includes legal sexual conduct, legal sexual expression, sexual desires, and the status of a person as male or female. See Utah Code 63G-20-102
  • Solicit: means :
    (a) attempting to sell insurance;
    (b) asking or urging a person to apply for:
    (i) a particular kind of insurance; and
    (ii) insurance from a particular insurance company;
    (c) advertising insurance, including advertising for the purpose of obtaining leads for the sale of insurance; or
    (d) holding oneself out as being in the insurance business. See Utah Code 31A-23a-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 agency: means a department, division, board, council, committee, institution, office, bureau, or other similar administrative unit of the executive branch of state government. See Utah Code 63G-22-102
  • State or local government: means :
    (a) a state government entity, agency, or instrumentality; or
    (b) a local government entity, agency, or instrumentality. See Utah Code 63G-20-102
  • State or local government official: means an officer, employee, or appointee of a state or local government. See Utah Code 63G-20-102
  • State service: includes :
    (i) for the Governor's Office of Economic Opportunity or the Division of Technology Services, public high-speed Internet access;
    (ii) for the Division of Wildlife Resources, fishing, hunting, and trapping licenses;
    (iii) for the Department of Public Safety, fingerprinting, an online driver license renewal, online appointment scheduling, an online motor vehicle record request, and an online change of address with the Driver License Division; and
    (iv) for the Department of Workforce Services, online job searches, verification of submission for benefits administered by the Department of Workforce Services, online unemployment applications, online food stamp applications, and online appointment scheduling. See Utah Code 63G-21-102
  • Surplus: means the excess of assets over the sum of paid-in capital and liabilities. See Utah Code 31A-1-301
  • Taxed interlocal entity: means the same as that term is defined in Section 11-13-602. See Utah Code 63G-22-102
  • Title examination: means a license subline of authority in conjunction with the title insurance line of authority that allows a person to issue title insurance commitments or policies on behalf of a title insurer. See Utah Code 31A-23a-102
  • 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
  • Title marketing representative: means a person who:
    (a) represents a title insurer in soliciting, requesting, or negotiating the placing of:
    (i) title insurance; or
    (ii) escrow services; and
    (b) does not have a title examination or escrow license as provided in Section 31A-23a-106. See Utah Code 31A-23a-102
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • 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.
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • USPS: means the United States Postal Service. See Utah Code 63G-21-102