2011 Utah Code
Title 31A Insurance Code
Chapter 6a Service Contracts
Section 103 Requirements for doing business.

31A-6a-103. Requirements for doing business.
(1) A service contract may not be issued, sold, or offered for sale in this state unless the service contract is insured under a service contract reimbursement insurance policy issued by:
(a) an insurer authorized to do business in this state; or
(b) a recognized surplus lines carrier.
(2) (a) A service contract may not be issued, sold, or offered for sale unless the service contract provider completes the registration process described in this Subsection (2).
(b) To register, a service contract provider shall submit to the department the following:
(i) an application for registration;
(ii) a fee established in accordance with Section 31A-3-103;
(iii) a copy of any service contract that the service contract provider offers in this state; and
(iv) a copy of the service contract provider's reimbursement insurance policy.
(c) A service provider shall submit the information described in Subsection (2)(b) no less than 30 days before the day on which the service provider issues, sells, offers for sale, or uses a service contract or reimbursement insurance policy in this state.
(d) A service provider shall file any modification of the terms of a service contract or reimbursement insurance policy 30 days before the day on which it is used in this state.
(e) A person complying with this chapter is not required to comply with:
(i) Subsections 31A-21-201(1) and 31A-23a-402(3); or
(ii) Chapter 19a, Utah Rate Regulation Act.
(3) (a) Premiums collected on a service contract are not subject to premium taxes.
(b) Premiums collected by an issuer of a reimbursement insurance policy are subject to premium taxes.
(4) A person marketing, selling, or offering to sell a service contract for a service contract provider that complies with this chapter is exempt from the licensing requirements of this title.
(5) A service contract provider complying with this chapter is not required to comply with:
(a) Chapter 5, Domestic Stock and Mutual Insurance Corporations;
(b) Chapter 7, Nonprofit Health Service Insurance Corporations;
(c) Chapter 8, Health Maintenance Organizations and Limited Health Plans;
(d) Chapter 9, Insurance Fraternals;
(e) Chapter 10, Annuities;
(f) Chapter 11, Motor Clubs;
(g) Chapter 12, State Risk Management Fund;
(h) Chapter 13, Employee Welfare Funds and Plans;
(i) Chapter 14, Foreign Insurers;
(j) Chapter 19a, Utah Rate Regulation Act;
(k) Chapter 25, Third Party Administrators; and
(l) Chapter 28, Guaranty Associations.