Terms Used In Utah Code > Title 31A > Chapter 23a > Part 5 - Compensation of Producers and Consultants

• Administrator: means the same as that term is defined in Subsection (182). See Utah Code 31A-1-301
• Affected area: means :

  (a)	the area that is designated in statute, county ordinance, or municipal ordinance as the area for which public notice must be provided;

  (b)	in relation to a statute, if no affected area is designated in the statute, the affected area is the state;

  (c)	in relation to a county ordinance, if no affected area is designated in the county ordinance, the affected area is the county; or

  (d)

  in relation to a municipal ordinance, if no affected area is designated in the municipal ordinance, the affected area is the municipality. See Utah Code 63G-30-101 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 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. 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 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. 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 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. Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. Source: OCC Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Department: means the Insurance Department. 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 Enrollee: includes an insured. 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 Games: means the 2030 or 2034 Olympic and Paralympic Winter Games. See Utah Code 63G-28-101 Games committee: means the Olympic and Paralympic Winter Games Coordination Committee created in Section 63G-28-201. See Utah Code 63G-28-101 Government official: means an individual elected or appointed to a state office, county office, municipal office, school board, school district office, special district office, or special service district office. See Utah Code 63G-30-101 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 Host agreement: means an agreement with a site selection committee that is made in connection with the selection of the state for the location of the games. See Utah Code 63G-28-101 Host assurance: means a written assurance to a site selection committee that is made in connection with the selection of the state for the location of the games. See Utah Code 63G-28-101 Host committee: means a nonprofit corporation, including a successor in interest, that may: (a)  provide an application and bid to a site selection committee for selection of the state as the location of the games; and (b)  execute an agreement with the United States Olympic and Paralympic Committee regarding a bid and the bid process to host the games. See Utah Code 63G-28-101 Indemnity: means the payment of an amount to offset all or part of an insured loss. See Utah Code 31A-1-301 Individual: means a natural person. See Utah Code 31A-1-301 Insurance: includes : (i)  a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind; (ii)  a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and (iii)  a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301 Insured: means a person to whom or for whose benefit an insurer makes a promise in an insurance policy and includes: (i)  a policyholder; (ii)  a subscriber; (iii)  a member; and (iv)  a beneficiary. See Utah Code 31A-1-301 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 Managing general agent: means a person that: (i)  manages all or part of the insurance business of an insurer, including the management of a separate division, department, or underwriting office; (ii)  acts as an agent for the insurer whether it is known as a managing general agent, manager, or other similar term; (iii)  produces and underwrites an amount of gross direct written premium equal to, or more than, 5% of the policyholder surplus as reported in the last annual statement of the insurer in any one quarter or year: (A)  with or without the authority; (B)  separately or together with an affiliate; and (C)  directly or indirectly; and (iv)  (A)  adjusts or pays claims in excess of an amount determined by the commissioner; or (B)  negotiates reinsurance on behalf of the insurer. See Utah Code 31A-23a-102 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 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 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 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 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 Property: includes both real and personal property. See Utah Code 68-3-12.5 Public body: means the same as that term is defined in Section 52-4-103. See Utah Code 63G-30-101 Public notice: means a notice that is required to be provided to the public by a public body or a government official. See Utah Code 63G-30-101 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 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 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 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 Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 Site selection committee: means the International Olympic Committee or the International Paralympic Committee. See Utah Code 63G-28-101 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 security: means a financial obligation undertaken by the state under a host agreement. See Utah Code 63G-28-101 Statute: A law passed by a legislature. Surplus: means the excess of assets over the sum of paid-in capital and liabilities. See Utah Code 31A-1-301 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 Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Utah Public Notice Website: means the Utah Public Notice Website created in Section 63A-16-601. See Utah Code 63G-30-101 Writing: includes :Utah Code 68-3-12.5