31A-31-102. Definitions.

401 words·~2 min read·/ut/title-31a/chapter-31/31a-31-102

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

As used in this chapter:

(1)"Authorized agency" means:

(a)the attorney general;

(b)the state fire marshal;

(c)any state law enforcement agency;

(d)any criminal investigative department or agency of the United States;

(e)a district attorney;

(f)the prosecuting attorney of any municipality or county;

(g)the department; or

(h)the disciplinary section of an agency licensing a service provider.

(2)"Financial loss" includes:

(a)out-of-pocket expenses;

(b)reasonable attorney fees;

(c)repair and replacement costs; or

(d)claims payments.

(3)"Insurer" means any person or aggregation of persons:

(a)doing insurance business, as defined in Section 31A-1-301 ; or

(b)subject to the supervision of the commissioner under:

(i)this title; or

(ii)any equivalent insurance supervisory official of another state.

(4)"Knowingly" has the same meaning as in Subsection 76-2-103(2) .

(5)"Person" means an individual, firm, company, corporation, association, limited liability company, partnership, organization, society, business trust, service provider, or any other legal entity.

(a)"Runner" means a person who procures clients at the direction of, or in cooperation with a person who intends to:

(i)perform or obtain a service or benefit under a contract of insurance; or

(ii)assert a claim against an insured.

(b)"Runner" includes:

(i)a capper; or

(ii)a steerer.

(7)"Service provider" means:

(a)an individual licensed to practice law;

(b)an individual licensed or certified by the state under:

(i)this title;

(ii)Title 41, Chapter 3, Motor Vehicle Business Regulation Act ;

(iii)Title 58, Occupations and Professions ; or

(iv)Title 61, Securities Division - Real Estate Division ;

(c)an individual licensed in another jurisdiction in a manner similar to a license described in Subsection (7)(a) or

(b);

(d)an individual practicing any nonmedical treatment rendered in accordance with a recognized religious method of healing; or

(e)a hospital, health care facility, or person whose services are compensated directly or indirectly by insurance.

(8)"Statement" includes any:

(i)notice;

(ii)statement;

(iii)proof of loss;

(iv)bill of lading;

(v)receipt for payment;

(vi)invoice;

(vii)account;

(viii)estimate of property damage;

(ix)bill for services;

(x)diagnosis;

(xi)prescription;

(xii)hospital or doctor record;

(xiii)x-ray;

(xiv)test result; or

(xv)other evidence of loss, injury, or expense; or

(b)item listed in Subsection (8)(a) that is a computer-generated document.

Amended by Chapter 104 , 2004 General Session