Utah Code § 31A-28-202

Scope

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This part applies to protect resident policyowners and insureds under all types of direct insurance, except:

life insurance;

annuity;

health insurance;

disability insurance;

mortgage guaranty insurance;

financial guaranty, or other forms of insurance offering protection against investment risks;

fidelity or surety bonds, or any other bonding obligation;

credit insurance;

vendor's single interest insurance;

collateral protection insurance, or any similar insurance protecting the interests of a creditor in a creditor-debtor transaction;

mechanical breakdown insurance, as defined in Section 31A-6a-101;

insurance of a warranty or service contract as defined in Section 31A-6a-101;

title insurance;

ocean marine insurance;

any transaction between a person and an insurer, or an affiliate of a person or insurer, that involves the transfer of investment or credit risk unaccompanied by transfer of insurance risk; or

any insurance provided by or guaranteed by government.

Notes of Decisions

Cited in 3 cases, 2008–2008 · leading case: R & R Industrial Park, L.L.C. v. Utah Property & Casualty Insurance Guaranty Ass'n

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R & R Industrial Park, L.L.C. v. Utah Property & Casualty Insurance Guaranty Ass'n (2008) utah · cites it 2× “" Id. § 31A-28-208(4) (2005). In addition, the Guaranty Act states its purpose is "to protect resident policyowners and insureds under all types of direct insurance.”

Reese v. Tingey Construction (2008) utah · cites it 2× “¶ 3 In 2003, Freemont went into liquidation and, pursuant to Utah Code section 31A-28-202 to -222 (2005 & Supp.2007), the Utah Property and Casualty Insurance Guaranty Association (UPCIGA) assumed financial responsibility for Reese’s medical expenses.”

Aramark Leisure Services v. Kendrick (2008) ca10 “See Utah Code Ann. § 31A-28-202 etseq. 5 . Perhaps the dispute would fall within our diversity jurisdiction under 28 U.”

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