Terms Used In Utah Code > Title 63L > Chapter 4 - Constitutional Takings Issues Act

• 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 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. 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. 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 Constitutional taking issues: means actions involving the physical taking or exaction of private real property by a political subdivision that might require compensation to a private real property owner because of: (a)  the Fifth or Fourteenth Amendment of the Constitution of the United States; (b)  Article I, Section 22 of the Utah Constitution; or (c)  any recent court rulings governing the physical taking or exaction of private real property by a government entity. See Utah Code 63L-4-102 Contract: A legal written agreement that becomes binding when signed. 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 Designated home state: means the state or territory of the United States or the District of Columbia: (a)  in which an insurance adjuster does not maintain the adjuster's principal: (i)  place of residence; or (ii)  place of business; (b)  if the resident state, territory, or District of Columbia of the adjuster does not license adjusters for the line of authority sought, the adjuster has qualified for the license as if the person were a resident in the state, territory, or District of Columbia described in Subsection (2)(a), including an applicable: (i)  examination requirement; (ii)  fingerprint background check requirement; and (iii)  continuing education requirement; and (c)  that the adjuster has designated as the insurance adjuster's designated home state. See Utah Code 31A-26-102 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. 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 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 Independent adjuster: means an insurance adjuster required to be licensed under Section 31A-26-201, who engages in insurance adjusting as a representative of one or more insurers. 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 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301 Order: means an order of the commissioner. See Utah Code 31A-1-301 Organization: includes a sole proprietorship by which a natural person does business under an assumed name. See Utah Code 31A-26-102 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 Political subdivision: means a county, municipality, special district, special service district, school district, or other local government entity. See Utah Code 63L-4-102 Proceeding: includes an action or special statutory proceeding. See Utah Code 31A-1-301 Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Property: includes both real and personal property. See Utah Code 68-3-12.5 Public adjuster: means a person required to be licensed under Section 31A-26-201, who engages in insurance adjusting as a representative of insureds and claimants under insurance policies. See Utah Code 31A-26-102 real property: includes :Utah Code 68-3-12.5 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. 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 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5