Miscellaneous Provisions

Utah Code tit. 31A, ch. 31A-22, pt. 31A-22-P13

in effect

Utah Code § 31A-22-1300 Aircraft public liability insurance.

31A-22-1300. Aircraft public liability insurance. Policies containing aircraft public liability insurance coverage for an aircraft shall include minimum coverage of: (1) $50,000 per person for bodily injury or death in any one accident; (2) $50,000 for property damage in any one accident; and (3) $100,000 in any one accident, whether for property damage, or bodily injury or death. Amended by Chapter 253, 2021 General Session

Utah Code § 31A-22-1301 Liability insurance for armored car companies and contract security companies.

31A-22-1301. Liability insurance for armored car companies and contract security companies. Section 58-63-302 applies to liability insurance for armored car companies and contract security companies. Amended by Chapter 246, 2008 General Session

Utah Code § 31A-22-1302 Insurance requirements for vehicles of unusual physical nature.

31A-22-1302. Insurance requirements for vehicles of unusual physical nature. Section 72-9-103 applies to the insurance requirements for vehicles of an unusual physical nature. Amended by Chapter 270, 1998 General Session

Utah Code § 31A-22-1303 Liability insurance for motor carriers.

31A-22-1303. Liability insurance for motor carriers. Motor carrier safety regulations adopted under Section 72-9-103 specify liability insurance for motor carriers. Amended by Chapter 270, 1998 General Session

Utah Code § 31A-22-1305 Persons authorized to issue annuities.

31A-22-1305. Persons authorized to issue annuities. No person may issue an annuity to another person unless the issuer is: (1) an insurer authorized to issue annuities under Chapter 5, Domestic Stock and Mutual Insurance Corporations, Chapter 9, Insurance Fraternals, or Chapter 14, Foreign Insurers; (2) a domestic corporation created under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act, or other applicable law, or a foreign corporation conducted without profit, which is engaged solely in bona fide charitable, religious, missionary, educational, medical, or philanthropic activities; or (3) a natural person who issues an annuity to the person's spouse, children, grandchildren, great-grandchildren, parents, grandparents, uncles, aunts, brothers, sisters, nieces, or nephews, whether those relationships are by birth, marriage, or legal adoption. Amended by Chapter 302, 2025 General Session

Utah Code § 31A-22-1306 Transition provision for existing policy forms.

31A-22-1306. Transition provision for existing policy forms. Insurance policy forms need not conform to the requirements of this chapter until July 1, 1987. However, insurance policies issued after July 1, 1986, are subject to Section 31A-21-107. Amended by Chapter 204, 1986 General Session

Utah Code § 31A-22-1307 Use of consumer reports by residential dwelling liability insurers.

31A-22-1307. Use of consumer reports by residential dwelling liability insurers. (1) An insurer who uses consumer reports in connection with the underwriting of residential dwelling liability insurance shall establish and adhere to written procedures that: (a) identify the circumstances under which the insurer may request and the manner in which it will use consumer reports in its underwriting decisions; (b) provide prior notice of the possible or intended use of a consumer report to an applicant for a residential liability insurance policy; and (c) ensure compliance with the Consumer Credit Reporting Act, 15 U.S.C. Sec. 1681 et seq., including the duties that arise from taking adverse action based on information contained in a consumer report. (2) An insurer that requests or uses a consumer report in connection with an application for a residential dwelling liability insurance policy shall maintain evidence of its compliance with the written procedures established by the insurer under Subsection (1). (3) An insurer shall submit to the commissioner, upon request, evidence of compliance maintained in accordance with Subsection (2). (4) As used in this section, the terms "consumer report" and "adverse action" are defined in 15 U.S.C. Sec. 1681a. Enacted by Chapter 105, 1997 General Session

Utah Code § 31A-22-1308 Use of loss history by insurers.

31A-22-1308. Use of loss history by insurers. (1) For purposes of this section: (a) "Adverse eligibility or rate decision" means: (i) declining insurance coverage; (ii) terminating insurance coverage; (iii) not renewing insurance coverage; or (iv) the charging of a higher rate for insurance coverage. (b) (i) "Loss reporting agency" means any person who regularly engages, in whole or in part, in the business of assembling or collecting information for the primary purpose of providing the information to insurers or insurance producers for insurance transactions including assembling or collecting loss or claims information. (ii) Notwithstanding Subsection (1)(b)(i), the following persons are not loss reporting agents: (A) a governmental entity; (B) an insurer; (C) an insurance producer; (D) an insurance consultant; (E) a medical care institution or professional; or (F) a peer review committee. (iii) Notwithstanding Subsection (1)(b)(i), the following are not considered a report from a loss reporting agency: (A) a report specifically provided for fraud prevention; and (B) that portion of a report that includes information related to consumer credit behavior. (iv) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may define by rule what constitutes: (A) a report specifically provided for fraud prevention; and (B) information related to consumer credit behavior. (c) (i) "Score" means a numerical value, categorization, or classification that is: (A) derived from a statistical tool, modeling system, or method; and (B) developed to predict the likelihood of future insurance claims. (ii) A numerical value, categorization, or classification described in Subsection (1)(c)(i) is a score if it is developed to predict the likelihood of future insurance claims regardless of whether it is developed to predict other factors in addition to predicting future insurance claims. (2) (a) An insurer may not make an adverse eligibility or rate decision related to personal lines insurance in whole or in part on the basis of: (i) a report by a loss reporting agency of a loss if the loss did not result in the insured requesting the payment of a claim; (ii) a telephone call or other inquiry by an insured of a loss if the loss did not result in the insured requesting payment of a claim; (iii) a loss that occurred when real property covered by the personal lines insurance was owned by a person other than the: (A) insured; or (B) person seeking insurance; or (iv) a score if the score is determined in whole or in part on the basis of information described in Subsection (2)(a)(i), (ii), or (iii). (b) Notwithstanding Subsection (2)(a), an insurer may: (i) use the information described in Subsection (2)(a)(iii) to require a review of the condition of the premises; and (ii) make an adverse eligibility or rate decision on the basis of the condition of the premises. (3) (a) If an insurer uses a score that is derived from information obtained from a loss reporting agency or an insured, the insurer shall file with the department a certification that the method used to derive the score complies with the provisions of Subsection (2)(a)(iv). (b) the insurer shall file a certification required under Subsection (3)(a) within 30 days of the day on which the score described in Subsection (3)(a) is first used by the insurer. (c) The department shall classify a certification filed under this Subsection (3) as a protected record under Subsection 63G-2-305(2) except that the insurer is not required to file the information specified in Section 63G-2-309. (d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commissioner shall make rules providing for the form and procedure of filing the certification required by Subsection (3)(a). Amended by Chapter 382, 2008 General Session

Utah Code § 31A-22-1309 Return of unearned premium upon cancellation of errors and omissions insurance.

31A-22-1309. Return of unearned premium upon cancellation of errors and omissions insurance. (1) As used in this section, "unearned premium" means the amount of the premium that is collected by the insurer in excess of premium earned as of the date of the cancellation of the errors and omissions insurance policy. (2) For an errors and omissions policy issued on or after May 14, 2013: (a) the policyholder may cancel the errors and omissions insurance policy before its expiration or renewal date according to the procedure for cancellation set forth in the errors and omissions policy; and (b) an insurer may not issue an errors and omissions policy that has fully earned premium upon issuance of the errors and omissions policy. (3) If the errors and omissions insurance policy is cancelled as provided in Subsection (2), the insurer shall refund the unearned premium to the policyholder minus any charge imposed by the insurer. Enacted by Chapter 205, 2013 General Session

Utah Code § 31A-22-1310 Insuring wildland urban interface property.

31A-22-1310. Insuring wildland urban interface property. (1) As used in this section: (a) "High risk wildland urban interface property" means the same as that term is defined in Section 65A-8-401. (b) "Wildland urban interface" means the same as that term is defined in Section 65A-8-401. (c) "Wildland urban interface property and casualty insurer" means an insurer that issues property or casualty insurance for wildland urban interface property. (2) (a) For purposes of determining whether property is high risk wildland urban interface property, a wildland urban interface property and casualty insurer may only use the boundary provided in the wildfire risk assessment mapping tool maintained by the Division of Forestry, Fire, and State Lands in accordance with Subsection 65A-8-203(8) to determine whether the property is high risk wildland urban interface property. (b) A wildland urban interface property and casualty insurer may use additional fire hazard data, beyond the wildfire risk assessment mapping tool described in Subsection (2)(a), in connection with setting a rate for, or the underwriting of, high risk wildland urban interface property if the wildland urban interface property and casualty insurer's use of additional fire hazard data is in compliance with: (i) the boundary determination made in Subsection (2)(a); and (ii) this title and department rules made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (c) If a property is determined not to be high risk wildland urban interface in accordance with Subsection (2)(a), this Subsection (2) does not apply to the use of fire hazard data in connection with rate setting or underwriting of the property. (d) This Subsection (2) does not restrict the use of data or underwriting tools in determining risks that are unrelated to fire risk. (3) (a) If an owner of property located within the wildland urban interface files a complaint with the department asserting that a wildland urban interface property and casualty insurer has violated, or is violating, this section, the department may investigate the wildland urban interface property and casualty insurer to determine whether a violation has occurred or is occurring. (b) If after an investigation under this Subsection (3) the department finds that a wildland urban interface property and casualty insurer has violated or is violating this section, the department may: (i) issue prohibitory, mandatory, and other orders as necessary to secure compliance with this section; and (ii) impose penalties against the wildland urban interface property and casualty insurer in accordance with Section 31A-2-308. (4) In addition to complying with relevant requirements of Section 31A-21-303, if due to risks of wildfire a wildland urban interface property and casualty insurer: (a) cancels or nonrenews property and casualty insurance covering wildland urban interface property, the wildland urban interface property and casualty insurer shall include in the notice of cancellation or nonrenewal the facts on which the wildland urban interface property and casualty insurer's decision is based with reasonable precision; and (b) increases the premium by more than 20% of the previous term's premium for property and casualty insurance covering wildland urban interface property, after receipt of a request for the information by the insured the wildland urban interface property and casualty insurer shall provide the insured the facts on which the wildland urban interface property and casualty insurer's decision is based with reasonable precision. (5) Subsections (1) through (4) apply on and after January 1, 2026. (6) This section does not: (a) create a cause of action for an act or failure to act under this section against: (i) the state; (ii) the department; (iii) the Division of Forestry, Fire, and State Lands; (iv) an officer, consultant, or employee of the department or Division of Forestry, Fire, and State Lands; (v) a wildland urban interface coordinator, as defined in Section 65A-8-401; or (vi) a county; (b) waive governmental immunity in accordance with Subsection 63G-7-201(5); or (c) create a cause of action against a wildland urban interface property and casualty insurer for use in accordance with Subsection (2)(a) of the boundary provided in the wildfire risk assessment mapping tool maintained by the Division of Forestry, Fire, and State Lands in accordance with Subsection 65A-8-203(8). Enacted by Chapter 74, 2025 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title31A/Chapter22/31A-22-P13.html?v=C31A-22-P13_1800010118000101Fetched: 10/26/2026