Terms Used In Utah Code > Title 31A > Chapter 37 > Part 3 - Requirements

• Affiliate: means a person who controls, is controlled by, or is under common control with, another person. 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.
• Applicant captive insurance company: means an entity that has submitted an application for a certificate of authority for a captive insurance company, unless the application has been denied or withdrawn. See Utah Code 31A-37-102
• 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 Association: means a legal association of two or more persons that meets the following requirements: (a)  the persons are exposed to similar or related liability because of related, similar, or common business trade, products, services, premises, or operations; and (b)  (i)  the association or the association's member organizations: (A)  own, control, or hold with power to vote all of the outstanding voting securities of an association captive insurance company incorporated as a stock insurer; (B)  have complete voting control over an association captive insurance company incorporated as a mutual insurer; or (C)  have complete voting control over an association captive insurance company formed as a limited liability company; or (ii)  the association's member organizations collectively constitute all of the subscribers of an association captive insurance company formed as a reciprocal insurer. See Utah Code 31A-37-102 Association captive insurance company: means a business entity that insures risks of: (a)  a member organization of the association; (b)  an affiliate of a member organization of the association; and (c)  the association. See Utah Code 31A-37-102 Average daily population: means the average daily number of individuals on parole or felony probation in the region during the applicable fiscal year. See Utah Code 64-13g-101 Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels. Baseline probation employment rate: means the average of the probation employment rates for fiscal years 2023, 2024, and 2025. See Utah Code 64-13g-101 Captive insurance company: includes any of the following formed or holding a certificate of authority under this chapter: (i)  a branch captive insurance company; (ii)  a pure captive insurance company; (iii)  an association captive insurance company; (iv)  a sponsored captive insurance company; (v)  an industrial insured captive insurance company, including an industrial insured captive insurance company formed as a risk retention group captive in this state pursuant to the provisions of the Federal Liability Risk Retention Act of 1986; (vi)  a special purpose captive insurance company; or (vii)  a special purpose financial captive insurance company. See Utah Code 31A-37-102 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 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Commissioner: means Utah's Insurance Commissioner or the commissioner's designee. See Utah Code 31A-37-102 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 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Department: means the Department of Corrections. See Utah Code 64-13g-101 Department: means the Insurance Department. See Utah Code 31A-1-301 Division: means the Division of Forestry, Fire, and State Lands. See Utah Code 65A-1-1 Eligible employment: means an occupation, or combined occupations, that: (a)  consist of at least 130 hours in a 30-day period; and (b)  are verified via paystubs, employment letters, contracts, or other reliable methods, as determined by the department. See Utah Code 64-13g-101 Establisher: means a person who establishes a business entity or a trust. See Utah Code 31A-37-102 Evidence-based: means a supervision policy, procedure, program, or practice demonstrated by scientific research to reduce recidivism of individuals on parole or felony probation. See Utah Code 64-13g-101 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. 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 Governing body: means the persons who hold the ultimate authority to direct and manage the affairs of an entity. See Utah Code 31A-37-102 Individual: means a natural person. See Utah Code 31A-1-301 Industrial insured: means an insured: (a)  that produces insurance: (i)  by the services of a full-time employee acting as a risk manager or insurance manager; or (ii)  using the services of a regularly and continuously qualified insurance consultant; (b)  whose aggregate annual premiums for insurance on all risks total at least $25,000; and (c)  that has at least 25 full-time employees. See Utah Code 31A-37-102 Industrial insured captive insurance company: means a business entity that: (a)  insures risks of the industrial insureds that comprise the industrial insured group; and (b)  may insure the risks of: (i)  an affiliated company of an industrial insured; or (ii)  a controlled unaffiliated business of: (A)  an industrial insured; or (B)  an affiliated company of an industrial insured. See Utah Code 31A-37-102 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 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 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 Land: includes :Utah Code 68-3-12.5 Marginal cost of incarceration: means the total costs of incarceration, per inmate, that fluctuate based on inmate population. See Utah Code 64-13g-101 Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301 Office: means the Governor's Office of Planning and Budget. See Utah Code 64-13g-101 Parent: means a person that directly or indirectly owns, controls, or holds with power to vote more than 50% of the outstanding securities of an organization. See Utah Code 31A-37-102 Parole employment rate: means the percentage of individuals on parole who held eligible employment for at least nine months in a one-year period, if at least a portion of the nine-months was during the preceding fiscal year. See Utah Code 64-13g-101 Person: means :Utah Code 68-3-12.5 Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Probation employment rate: means the percentage of individuals on felony probation who held eligible employment for at least nine months in a one-year period, if at least a portion of the nine-months was during the preceding fiscal year. See Utah Code 64-13g-101 Program: means the Adult Probation and Parole Employment Incentive Program, created in Section 64-13g-102. See Utah Code 64-13g-101 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Pure captive insurance company: means a business entity that insures risks of a parent or affiliate of the business entity. See Utah Code 31A-37-102 Quorum: The number of legislators that must be present to do business. Region: means one of the geographic regions into which the Department of Corrections has divided the state for purposes of supervising adult probation and parole. See Utah Code 64-13g-101 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 Restricted account: means the Employment Incentive Restricted Account created in Section 64-13g-103. See Utah Code 64-13g-101 Sovereign lands: means those lands lying below the ordinary high water mark of navigable bodies of water at the date of statehood and owned by the state by virtue of its sovereignty. See Utah Code 65A-1-1 Sponsored captive insurance company: means a captive insurance company: (a)  in which the minimum capital and surplus required by applicable law is provided by one or more sponsors; (b)  that is formed or holding a certificate of authority under this chapter; (c)  that insures the risks of a separate participant through the contract; and (d)  that segregates each participant's liability through one or more protected cells. See Utah Code 31A-37-102 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 lands: means all lands administered by the division. See Utah Code 65A-1-1 Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Wildland: means an area where: (a)  development is essentially non-existent, except for roads, railroads, powerlines, or similar transportation facilities; and (b)  structures, if any, are widely scattered. See Utah Code 65A-1-1 Wildland fire: means a fire that consumes: (a)  wildland; or (b)  wildland-urban interface, as defined in Section 65A-8a-102. See Utah Code 65A-1-1