Part 1 General Provisions 63M-11-101 – 63M-11-103
Part 2 Commission 63M-11-201 – 63M-11-207

Terms Used In Utah Code > Title 63M > Chapter 11 - Utah Commission on Aging

  • Affected guaranty association: means a guaranty association that is or may become liable for payment of a covered claim. See Utah Code 31A-27a-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
  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Center on Aging: means the Center on Aging within the University of Utah. See Utah Code 63M-11-103
  • 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
  • Chambers: A judge's office.
  • Commission: means the Utah Commission on Aging, created in Section 63M-11-102. See Utah Code 63M-11-103
  • Commissioner: is a s defined in Section 31A-1-301. See Utah Code 31A-27a-102
  • Control: is a s defined in Section 31A-1-301. See Utah Code 31A-27a-102
  • Delinquency proceeding: means a:
    (a) proceeding instituted against an insurer for the purpose of rehabilitating or liquidating the insurer; and
    (b) summary proceeding under Section 31A-27a-201. See Utah Code 31A-27a-102
  • Department: is a s defined in Section 31A-1-301 unless the context requires otherwise. See Utah Code 31A-27a-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.
  • Filed: means that a filing is:
    (i) submitted to the department as required by and in accordance with applicable statute, rule, or filing order;
    (ii) received by the department within the time period provided in applicable statute, rule, or filing order; and
    (iii) accompanied by the appropriate fee in accordance with:
    (A) Section 31A-3-103; or
    (B) rule. See Utah Code 31A-1-301
  • 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
  • Guaranty association: means :
    (a) a mechanism mandated by Chapter 28, Guaranty Associations; or
    (b) a similar mechanism in another state that is created for the payment of claims or continuation of policy obligations of a financially impaired or insolvent insurer. See Utah Code 31A-27a-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
  • insurer: means a person who:
    (a) is doing, has done, purports to do, or is licensed to do the business of insurance;
    (b) is or has been subject to the authority of, or to rehabilitation, liquidation, reorganization, supervision, or conservation by an insurance commissioner; or
    (c) is included under Section 31A-27a-104. See Utah Code 31A-27a-102
  • Order: means an order of the commissioner. See Utah Code 31A-1-301
  • Person: means :Utah Code 68-3-12.5
  • Policy: includes all clauses, riders, endorsements, and papers that are a part of a policy. See Utah Code 31A-27a-102
  • Proceeding: includes an action or special statutory proceeding. See Utah Code 31A-1-301
  • Quorum: The number of legislators that must be present to do business.
  • receiver: means the commissioner or the commissioner's designee, including a rehabilitator, liquidator, or ancillary receiver. See Utah Code 31A-27a-102
  • receivership: means a rehabilitation, liquidation, or ancillary receivership. See Utah Code 31A-27a-102
  • receivership court: refers to the court in which a delinquency proceeding is pending. See Utah Code 31A-27a-102
  • Record: when used as a noun, means information or data, in whatever form maintained, including:
    (a) a book;
    (b) a document;
    (c) a paper;
    (d) a file;
    (e) an application file;
    (f) a policyholder list;
    (g) policy information;
    (h) a claim or claim file;
    (i) an account;
    (j) a voucher;
    (k) a litigation file;
    (l) a premium record;
    (m) a rate book;
    (n) an underwriting manual;
    (o) a personnel record;
    (p) a financial record; or
    (q) other material. See Utah Code 31A-27a-102
  • Security: means a:
    (i) note;
    (ii) stock;
    (iii) bond;
    (iv) debenture;
    (v) evidence of indebtedness;
    (vi) certificate of interest or participation in a profit-sharing agreement;
    (vii) collateral-trust certificate;
    (viii) preorganization certificate or subscription;
    (ix) transferable share;
    (x) investment contract;
    (xi) voting trust certificate;
    (xii) certificate of deposit for a security;
    (xiii) certificate of interest of participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease;
    (xiv) commodity contract or commodity option;
    (xv) certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase any of the items listed in Subsections (171)(a)(i) through (xiv); or
    (xvi) another interest or instrument commonly known as a security. 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: means a state, district, or territory of the United States. See Utah Code 31A-27a-102
  • Writing: includes :Utah Code 68-3-12.5