31A-23a-116 - Services performed for unauthorized insurers. - Utah Statutes

31A-23a-116. Services performed for unauthorized insurers.
(1) A person licensed under Chapter 23a, Insurance Marketing - Licensing Producers,Consultants, and Reinsurance Intermediaries, may not perform an act that assists a person notauthorized as an insurer to act as an insurer.
(2) It is a violation of this section to assist a person purporting to be exempt from stateinsurance regulation under Section 514 of the Employee Retirement Income Security Act of1974, unless that person submits to the commissioner a certificate from the United StatesDepartment of Labor, or other evidence satisfactory to the commissioner, showing that the lawsof Utah are preempted under Section 514 of the Employee Retirement Income Security Act of1974 or other federal law.
(3) It is not a violation of this section:
(a) to assist a person engaged in self insurance as defined under Section 31A-1-301; or
(b) for a surplus lines producer to engage in the placement of insurance under Section31A-15-103.

Amended by Chapter 345, 2008 General Session