Terms Used In Utah Code > Title 63L > Chapter 3 - Private Property Protection Act

• action: means :

  (i)

  proposed rules and emergency rules by a state agency that if adopted and enforced may limit the use of private property unless: (A)  its provisions are in accordance with applicable state or federal statutes; and (B)  the agency has adopted and implemented the guidelines required by Section 63L-3-201;

  (ii)

  proposed or implemented licensing or permitting conditions, requirements, or limitations to the use of private property unless: (A)  its provisions are in accordance with applicable state or federal statutes, rules, or regulations; and (B)  the agency has adopted and implemented the guidelines required by Section 63L-3-201;

  (iii)

  required dedications or exactions from owners of private property; or

  (iv)

  statutes and rules. See Utah Code 63L-3-102 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 Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it. 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 Case law: The law as laid down in cases that have been decided in the decisions of the courts. Crop insurance: includes multiperil crop insurance. See Utah Code 31A-1-301 Department: means the Insurance Department. 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. Home state: means : (a)  a state or territory of the United States or the District of Columbia in which an insurance adjuster: (i)  maintains the adjuster's principal: (A)  place of residence; or (B)  place of business; and (ii)  is licensed to act as a resident adjuster; or (b)  if the resident state, territory, or the District of Columbia described in Subsection (3)(a) does not license adjusters for the line of authority sought, a state, territory, or the District of Columbia: (i)  in which the adjuster is licensed; (ii)  in which the adjuster is in good standing; and (iii)  that the adjuster has designated as the adjuster's designated home state. See Utah Code 31A-26-102 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 Insurance adjuster: means a person who directs or conducts the investigation, negotiation, or settlement of a claim under an insurance policy other than life insurance or an annuity, on behalf of an insurer, policyholder, or a claimant under an insurance policy. See Utah Code 31A-1-301 Land: includes :Utah Code 68-3-12.5 License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301 Member: means a person having membership rights in an insurance corporation. 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 Private property: means any school or institutional trust lands and any real or personal property in this state that is protected by: (a)  the Fifth or Fourteenth Amendment of the Constitution of the United States; or (b)  Utah Constitution Article I, Section 22. See Utah Code 63L-3-102 Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 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 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 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 an officer or administrative unit of the executive branch of state government that is authorized by law to adopt rules. See Utah Code 63L-3-102 taking: means a governmental action that results in a taking of private property so that compensation to the owner of the property is required by: (a)  the Fifth or Fourteenth Amendment of the Constitution of the United States; or (b)  Utah Constitution Article I, Section 22. See Utah Code 63L-3-102 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5