Utah Code » Title 31A, Chapter 21 — Insurance Contracts in General; part 31A-21-1 — General Rules
Utah Code

Utah Code § 31A-21-106 (2026)

Incorporation by reference

✓ current as of May 2026
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Except as provided in Subsection (1)(b), an insurance policy may not contain any agreement or incorporate any provision not fully set forth in the policy or in an application or other document attached to and made a part of the policy at the time of its delivery, unless the policy, application, or agreement accurately reflects the terms of the incorporated agreement, provision, or attached document.
A policy may by reference incorporate rate schedules and classifications of risks and short-rate tables filed with the commissioner.
By rule or order, the commissioner may authorize incorporation by reference of provisions for:
administrative arrangements;
premium schedules; and
payment procedures for complex contracts.
A policy of title insurance insuring the mortgage or deed of trust of an institutional lender may, if requested by an institutional lender, incorporate by reference generally applicable policy terms that are contained in a specifically identified policy that has been filed with the commissioner.
As used in Subsection (1)(c)(i), "institutional lender" means a person that regularly engages in the business of making loans secured by real estate.
A policy may incorporate by reference the following by citing in the policy:
a federal law or regulation;
a state law or rule; or
a public directive of a federal or state agency.
A purported modification of a contract during the term of the policy may not affect the obligations of a party to the contract:
unless the modification is:
in writing; and
agreed to by the party against whose interest the modification operates; and
except:
as provided in:
Subsection (3) or (4);
Subsection 31A-22-618.6(8); or
Subsection 31A-22-618.7(4); or
as otherwise mandated by law.
Subsection (2) does not prevent a change in coverage under group contracts resulting from:
provisions of an employer eligibility rule;
the terms of a collective bargaining agreement; or
provisions in federal Employee Retirement Income Security Act plan documents.
Subsection (2) does not prevent a premium increase at any renewal date that is applicable uniformly to all comparable persons.
Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1993–2021 · leading case: Cullum v. Farmers Ins. Exch., 857 P.2d 922 (Utah 1993).
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Cullum v. Farmers Ins. Exch., 857 P.2d 922 (Utah 1993). · cites it 62× “§ 31A-22-303, which permits an insurer to provide step-down coverage only in certain circumstances, (2) violates Utah Code Ann. § 31A-21-106, which directs that an insurance policy may not incorporate any provision by reference, and (3) is ambiguous and should therefore be…”
United States Fid. & Guarantee Co. v. United States Sports Specialty Ass'n, 270 P.3d 464 (Utah 2012). · cites it 5× “As a result, the right to reimbursement must be specifically bargained for and set forth in writing under Utah Code section 31A-21-106(1)(a) before it may be enforced.”
Am. Nat'l Fire Ins. Co. v. Farmers Ins. Exch., 927 P.2d 186 (Utah 1996). · cites it 8× “” Utah Code Ann. § 31A-21-106 (1994). 1 Idaho law, however, contains no *188 parallel provision.”
Universal Underwriters Ins. Co. v. State Farm Mut. Auto. Ins. Co., 925 P.2d 1270 (Utah Ct. App. 1996). · cites it 11× “” Even if we did not hold that under the statutory scheme of section 31A-22-303 Universal Underwriters could not invoke the exception afforded by subsection (2)(d) unless it used the requisite statutory language in the policies, Universal Underwriters’s argument would still fail…”
Progressive Cas. Ins. Co. v. Dalgleish, 2002 UT 59 (Utah 2002). · cites it 6× “In addition, we have held that a mere reference to statutory limits, without fully setting forth those limits in the contract or an attached document, "violates the plain language and purpose of section 31A-21-106." Cullum v. Farmers Ins.”
Ed Seymour Shannon Seymour & Ed & Shannon Seymour as Guardians Ad Litem of Brayden Seymour v. Blue Cross/blue Shield, a Utah Corp., 988 F.2d 1020 (10th Cir. 1993). · cites it 2× “BCBSU alternatively points out that section 31-19-26 was replaced in 1985 by Utah Code Ann. § 31A-21-106, which provides: (1) No insurance policy may contain any agreement or incorporate any provision not fully set forth in the policy or in an application or other document…”
Clearone Commc'ns, Inc. v. Nat'l Union Fire Ins., 494 F.3d 1238 (10th Cir. 2007). “” Utah Code Ann. § 31A-21-106(l)(a) (1996).”
Kramer v. State Ret. Bd., 2008 UT App 351 (Utah Ct. App. 2008). · cites it 2× “Incorporation by Reference ¶ 23 The Kramers, citing to Utah Code section 31A-21-106(1), argue that the Enrollment Form illegally incorporated the Subrogation Clause by reference.”
O'Driscoll Constructors v. EMCASCO Ins. (D. Utah 2021). “” UTAH CODE § 31A-21-106(2)(a). Here, EMC argues that the Endorsement meets the modification requirements.”
— Utah Code § 31A-21-106(1) — 3 cases
Cullum v. Farmers Ins. Exch., 857 P.2d 922 (Utah 1993). “§ 31A-22-303, which permits an insurer to provide step-down coverage only in certain circumstances, (2) violates Utah Code Ann. § 31A-21-106, which directs that an insurance policy may not incorporate any provision by reference, and (3) is ambiguous and should therefore be…”
Universal Underwriters Ins. Co. v. State Farm Mut. Auto. Ins. Co., 925 P.2d 1270 (Utah Ct. App. 1996). “” Even if we did not hold that under the statutory scheme of section 31A-22-303 Universal Underwriters could not invoke the exception afforded by subsection (2)(d) unless it used the requisite statutory language in the policies, Universal Underwriters’s argument would still fail…”
Kramer v. State Ret. Bd., 2008 UT App 351 (Utah Ct. App. 2008). “Incorporation by Reference ¶ 23 The Kramers, citing to Utah Code section 31A-21-106(1), argue that the Enrollment Form illegally incorporated the Subrogation Clause by reference.”
— Utah Code § 31A-21-106(1)(a) — 2 cases
United States Fid. & Guarantee Co. v. United States Sports Specialty Ass'n, 270 P.3d 464 (Utah 2012). “As a result, the right to reimbursement must be specifically bargained for and set forth in writing under Utah Code section 31A-21-106(1)(a) before it may be enforced.”
Progressive Cas. Ins. Co. v. Dalgleish, 2002 UT 59 (Utah 2002). “In addition, we have held that a mere reference to statutory limits, without fully setting forth those limits in the contract or an attached document, "violates the plain language and purpose of section 31A-21-106." Cullum v. Farmers Ins.”
— Utah Code § 31A-21-106(2)(a) — 1 case
O'Driscoll Constructors v. EMCASCO Ins. (D. Utah 2021). “” UTAH CODE § 31A-21-106(2)(a). Here, EMC argues that the Endorsement meets the modification requirements.”
— Utah Code § 31A-21-106(l)(a) — 1 case
Clearone Commc'ns, Inc. v. Nat'l Union Fire Ins., 494 F.3d 1238 (10th Cir. 2007). “” Utah Code Ann. § 31A-21-106(l)(a) (1996).”
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