2006 Utah Code - 31A-23a-115 — Appointment of individual and agency insurance producer, limited line producer, or managing general agent -- Reports and lists.

     31A-23a-115.   Appointment of individual and agency insurance producer, limited line producer, or managing general agent -- Reports and lists.
     (1) (a) An insurer shall appoint a natural person or agency that has an insurance producer, limited line producer, or managing general agent license to act as an insurance producer, limited line producer, or managing general agent on the insurer's behalf prior to any producer, limited line producer, or managing general agent doing business for the insurer in this state.
     (b) An insurer shall report to the commissioner, at intervals and in the form the commissioner establishes by rule:
     (i) all new appointments; and
     (ii) all terminations of appointments.
     (2) (a) (i) An insurer shall report to the commissioner the cause of termination of an appointment.
     (ii) The information provided to the commissioner under this Subsection (2) is a private record under Title 63, Chapter 2, Government Records Access and Management Act.
     (b) An insurer is immune from civil action, civil penalty, or damages if the insurer complies in good faith with this Subsection (2) in reporting to the commissioner the cause of termination of an appointment.
     (c) Notwithstanding any other provision in this section, an insurer is not immune from any action or resulting penalty imposed on the reporting insurer as a result of proceedings brought by or on behalf of the department if the action is based on evidence other than the report submitted in compliance with this Subsection (2).
     (3) If an insurer appoints an agency, the insurer need not appoint, report, or pay appointment reporting fees for natural persons designated on the agency's license under Section 31A-23a-302.
     (4) If an insurer lists a licensee in a report submitted under Subsection (2), there is a rebuttable presumption that in placing a risk with the insurer the appointed licensee or any of the licensee's licensed employees acted on behalf of the insurer.

Amended by Chapter 219, 2005 General Session