Licensing Reminders
Great news! Name
changes and address
changes can now be made electronically at
www.sircon.com without charge. Licensees are required by law to notify the
department within 30 days of an address change.
In addition, we would
like to remind both individual producers and agencies that if their
license is inactivated, their appointments are automatically
terminated. Be sure you are re-appointed by the appropriate insurers
after you reinstate your license.
It is always a good idea
to review your license information for accuracy. We invite you to visit
our website at
www.insurance.utah.gov, click on "Search
for Company
& Agent," find your license information and be sure it is
correct. If the company information is incorrect, click
here and send an email. If the individual producer or agency
information is incorrect click
here and send an email.
2007 Legislation
Twenty-three bills
dealing with insurance were passed by the legislature during the 2007
Session. Each of these, unless vetoed by the Governor, will become
effective April 30, 2007, unless otherwise specified in the bill.
Final versions of these bills are available on the department's
website. Representative Jim Dunnigan sponsored our bills and did a
great job of shepherding them through the process. We appreciate his
efforts on our behalf.
Shown below is a short
summary of the three department bills that passed. Clicking on the bill number
will take you to the full text of the bill.
·
HB080, Health Insurance Amendments. This bill raises the
maximum benefit for policyholders from $1 to $1.5 million, and clarifies
that the HIPUtah Board can have a cause of action against an enrollee.
·
HB295, Insurance Law Amendments. This 134 page
bill is the department's clean-up bill. Most of the changes are
technical and provide clarity. The more substantive changes
include:
1) requiring viatical settlement providers to reimburse the
department for examination costs;
2) increasing the free-look period for a replacement life
insurance policy from 20 to 30 days;
3) giving the department rulemaking authority for the Basic Health
Care Plan;
4) making a Federal employer identification number (FEIN) a public
record; and
5) giving the department rulemaking authority to define an
incentive allowed in a program designed to reduce claims or claim
expenses.
·
HB340, Insurer Receivership Act. Utah's
receivership law has not been updated since 1986. This bill essentially
follows the NAIC Insurer Receivership Model Act with the exceptions that it includes
a provision under which large deductible insurance policies will be
handled in receivership proceedings and preserves Utah state rulings and court
decisions relative to insolvency law. These changes will not affect
companies already in liquidation.
Licensees will be responsible to determine the
effect of each bill on their business.
Captive Insurers
A
hearty congratulations to Don Spann, director of the Captive Division,
and Eric Showgren, captive licensing analyst, for their hard work in achieving their goal of 30
licensed captives by the end of 2006. This is an increase of 114% over
the previous year.
In two years the captive program has gone from two captives to 30.
Sixteen new applications were received in 2006 with nine of these during
the last five days of the year, and things haven't slowed down.
A
captive insurance company is organized to cover the risks of the parent
organization and/or its affiliates. Through a captive company a parent
organization can determine the risks they will cover, resulting in more
control over their insurance costs.
As of December 31, 2006, Utah domiciled captive insurers had:
The captive program benefits the state of Utah in a number of ways. It
requires domiciled captive insurers to maintain their principle place of
business within the state and to hold at least one board of director
meeting each year. Each meeting results in an infusion into the
state's economy of between $50,000 and $1million.
New Examination
Division Employees

Aaron Phillips, Malis Rasmussen and Shane Sadler
Be on the look out for Aaron Phillips and Malis Rasmussen, financial
examiners, and D. Shane Sadler, financial analyst, who have recently
joined the Utah Insurance Department's financial examination team. We
are fortunate to have persons of their character, education and real
world experience.
All three joined us in December and are already making a big
contribution while anxiously engaged in financial exam and analysis
work. In January, they attended new regulator training in Kansas City,
and are also pursuing the Certified Financial Examiner professional
designation.
Aaron, Malis and Shane are part of the new front-line that will enable
the department to move towards reducing the need for contract exams with
a higher number of exams being performed in-house in the coming years.
Resident License Applications
Have Gone Live!
License applications can now be done electronically for those applying
for a resident producer, limited line producer, consultant, adjuster, or customer service
representative license. This is generally available for both individual
as well as agency license applicants. Applying electronically is faster,
less costly to you, and is the department’s preferred method.
After passing the required licensing examination, please be aware that
one must wait two business days before sending the license application
and payment electronically. If the applicant tries to apply sooner than
this, they will not be able to see the license type or line on the
screen. Applicants also need to be aware that the fee is
non-refundable.
To apply electronically go to www.sircon.com/utah.
Sircon will electronically forward your application and all fees to the
department. After the department reviews and approves your application,
your license will then be mailed directly to you at the mailing address provided
on the license application.
NOTE: Passing an exam and submitting an application does not guarantee
you will be issued a license. Issuance of a license depends on review
and approval of all license application materials, including application
questions regarding any prior civil or criminal proceedings. If your
license application is denied, you will be notified in writing of the
reason for such denial.
The option to apply by paper is still available, however, an additional
Paper-Processing Fee of $25 will be assessed and the process will take
considerably longer than the electronic process. To apply by paper go to
the department’s website at
http://www.insurance.utah.gov/LicensingProc.html,
click on "Forms" and then click on and print the desired form.
Once completed just mail it to us, along with a personal check or money
order for the nonrefundable license fee and the $25 paper processing
fee. Credit cards are no longer accepted for paper applications.
Electronic Non-Resident
License Applications
In addition to going live for resident license applicants, non-resident
adjusters and consultants can now also apply for a license
electronically when a similar license is issued in their home state!
Non-resident producer applicants have been applying electronically for
the past five years. To apply electronically go to
www.sircon.com/utah.
To apply by paper go to the department’s website at
http://www.insurance.utah.gov/LicensingProc.html,
click on "Forms" and then click on and print the desired form. Once
completed just mail it to us, along with a personal check or money order
for the nonrefundable license fee. The $25 paper processing fee also
applies to non-resident paper applications when electronic application
is available. Credit cards are no longer accepted for paper
applications.
HIPUtah Awarded Grants
The Utah Comprehensive Health Insurance Pool for the uninsurable was
awarded two grants. Both were awarded by the Centers for Medicare &
Medicaid Services of the federal Department of Health and Human Services. One
is in the amount of $1,162,603 for operational losses, and the second is
an approved bonus grant in the amount of $1,250,000. The bonus grant
funds are approved to provide premium subsidies for low-income high-risk
pool enrollees.
HIPUtah is funded from enrollee premiums and an annual appropriation
from the legislature.
Company Liquidation
The Utah Insurance Commissioner, by court
order, has seized all of the assets and operations of National Annuity
Corporation (NAC), which operates as a Utah domiciliary out of
Camarillo, California and has obtained an order to liquidate the company.
Policyholders (annuitants) and agents of the company have been notified of the seizure
resulting in a large volume of calls to the department. Many are
from producers seeking additional information about the seizure and it's
impact on their clients.
The good news is that scheduled annuity
payments are being made. It appears, there will be no interruption
in the mailing of these payments. The receiver is working with the Utah
Life and Health Insurance Guaranty Association to make sure the annuity
holders contracts are either assumed by the association or another
solvent carrier.
Questions regarding the
status of NAC should be referred to Ron Rosen, the Special Deputy
Receiver, at (800) 968-8089.
Enforcement:
Actions against
licensees
Link -
http://www.insurance.utah.gov/Enforcement.html
Rules: In process & completed
Link -
http://www.insurance.utah.gov/ruleindex.html