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

31A-23a-115. Appointment of individual and agency insurance producer, limitedline producer, or managing general agent -- Reports and lists.
(1) (a) An insurer shall appoint an individual or agency with whom it has a contract as aninsurance producer, limited line producer, or managing general agent to act on the insurer'sbehalf in order for the licensee to do business for the insurer in this state.
(b) An insurer shall report to the commissioner, at intervals and in the form thecommissioner establishes by rule:
(i) a new appointment; and
(ii) a termination of appointment.
(2) (a) (i) An insurer shall report to the commissioner the cause of termination of anappointment if:
(A) the reason for termination is a reason described in Subsection 31A-23a-111(5)(b); or
(B) the insurer has knowledge that the individual or agency licensee is found to haveengaged in an activity described in Subsection 31A-23a-111(5)(b) by:
(I) a court;
(II) a government body; or
(III) a self-regulatory organization, which the commissioner may define by rule made inaccordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(ii) The information provided to the commissioner under this Subsection (2) is a privaterecord under Title 63G, Chapter 2, Government Records Access and Management Act.
(b) An insurer is immune from civil action, civil penalty, or damages if the insurercomplies in good faith with this Subsection (2) in reporting to the commissioner the cause oftermination of an appointment.
(c) Notwithstanding any other provision in this section, an insurer is not immune fromany action or resulting penalty imposed on the reporting insurer as a result of proceedingsbrought by or on behalf of the department if the action is based on evidence other than the reportsubmitted in compliance with this Subsection (2).
(3) If an insurer appoints an agency, the insurer need not appoint, report, or payappointment reporting fees for an individual designated on the agency's license under Section31A-23a-302.
(4) If an insurer lists a licensee in a report submitted under Subsection (2), there is arebuttable presumption that in placing a risk with the insurer the appointed licensee or any of thelicensee's licensed employees act on behalf of the insurer.

Amended by Chapter 349, 2009 General Session