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UTAH STATUTES AND CODES
31A-23a-405 - Insurer liability.
31A-23a-405. Insurer liability.
(1) As used in this section, "insurer" includes bail bond surety companies as defined inSection 31A-35-102.
(2) There is a rebuttable presumption that every insurer is bound by any act of itsappointed licensee performed in this state that is within the scope of the appointed licensee'sactual (express or implied) or apparent authority, until the insurer has canceled the appointedlicensee's appointment and has made reasonable efforts to recover from the appointed licenseeits policy forms and other indicia of agency. Reasonable efforts include a formal demand inwriting for return of the indicia, and notice to the commissioner if the appointed licensee doesnot promptly comply with the demand. This Subsection (2) neither waives any common lawdefense available to insurers, nor precludes the insured from seeking redress against theappointed licensee individually or jointly against the insurer and licensee.
(3) When a licensee under this chapter with authority to bind more than one insurer on aparticular risk agrees to bind coverage on a particular risk, but fails to outwardly indicate theinsurer with which the risk is placed, and before the risk is placed with a particular insurer a lossoccurs, if there is no conclusive admissible evidence indicating the insurer with which thelicensee exercised his binding authority, a court may equitably apportion the loss among allinsurers with which the licensee had binding authority as to the particular type of risk.
(1) As used in this section, "insurer" includes bail bond surety companies as defined inSection 31A-35-102.
(2) There is a rebuttable presumption that every insurer is bound by any act of itsappointed licensee performed in this state that is within the scope of the appointed licensee'sactual (express or implied) or apparent authority, until the insurer has canceled the appointedlicensee's appointment and has made reasonable efforts to recover from the appointed licenseeits policy forms and other indicia of agency. Reasonable efforts include a formal demand inwriting for return of the indicia, and notice to the commissioner if the appointed licensee doesnot promptly comply with the demand. This Subsection (2) neither waives any common lawdefense available to insurers, nor precludes the insured from seeking redress against theappointed licensee individually or jointly against the insurer and licensee.
(3) When a licensee under this chapter with authority to bind more than one insurer on aparticular risk agrees to bind coverage on a particular risk, but fails to outwardly indicate theinsurer with which the risk is placed, and before the risk is placed with a particular insurer a lossoccurs, if there is no conclusive admissible evidence indicating the insurer with which thelicensee exercised his binding authority, a court may equitably apportion the loss among allinsurers with which the licensee had binding authority as to the particular type of risk.
Renumbered and Amended by Chapter 298, 2003 General Session
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