31A-15-104. Direct placement of insurance.
(1) Subject to this section, any person seeking insurance may obtain it from an
unauthorized insurer if no producer resident doing business in Utah is involved and if
negotiations occur primarily outside Utah. Negotiations by mail occur within Utah if a letter or
other document containing insurance-related solicitations or negotiations is sent from or to a
Utah address. Negotiations by telephone take place within Utah if one of the parties to the
conversation is in Utah.
(2) Each policyholder who procures or renews insurance otherwise subject to this code
from any insurer not authorized to do business in Utah, other than insurance procured under
Section 31A-15-103 and the renewal of guaranteed renewable insurance lawfully issued outside
Utah, shall within 60 days after the insurance is procured or renewed, report to the commissioner
in the form required by the commissioner and pay the taxes specified by Section 31A-3-301.
(3) (a) Any insurance on personal property sold on the installment plan, under a
conditional sales contract, or an equivalent security agreement under the Uniform Commercial
Code which charges the buyer, as a part of the consideration in the agreement of sale for
insurance on the property, shall be placed with an insurer authorized to do business in Utah.
(b) Whenever the law of Utah requires a person to purchase insurance on risks in Utah, it
shall be obtained from an insurer authorized to do business in Utah, or under Section
31A-15-103.
Amended by Chapter 298, 2003 General Session
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Last revised: Thursday, May 28, 2009