31A-23a-109 - Nonresident jurisdictional agreement.
31A-23a-109. Nonresident jurisdictional agreement.
(1) (a) If a nonresident license applicant has a valid producer, limited line producer,customer service representative, consultant, managing general agent, or reinsurance intermediarylicense from the nonresident license applicant's home state and the conditions of Subsection(1)(b) are met, the commissioner shall:
(i) waive all license requirements for a license under this chapter; and
(ii) issue the nonresident license applicant a nonresident license.
(b) Subsection (1)(a) applies if:
(i) the nonresident license applicant:
(A) is licensed as a resident in the nonresident license applicant's home state at the timethe nonresident license applicant applies for a nonresident producer, limited line producer,customer service representative, consultant, managing general agent, or reinsurance intermediarylicense;
(B) has submitted the proper request for licensure;
(C) has submitted to the commissioner:
(I) the application for licensure that the nonresident license applicant submitted to theapplicant's home state; or
(II) a completed uniform application; and
(D) has paid the applicable fees under Section 31A-3-103; and
(ii) the nonresident license applicant's license in the applicant's home state is in goodstanding.
(2) A nonresident applicant applying under Subsection (1) shall in addition to complyingwith all license requirements for a license under this chapter execute, in a form acceptable to thecommissioner, an agreement to be subject to the jurisdiction of the Utah commissioner andcourts on any matter related to the applicant's insurance activities in this state, on the basis of:
(a) service of process under Sections 31A-2-309 and 31A-2-310; or
(b) service authorized:
(i) in the Utah Rules of Civil Procedure; or
(ii) under Section 78B-3-206.
(3) The commissioner may verify a producer's licensing status through the producerdatabase maintained by:
(a) the National Association of Insurance Commissioners; or
(b) an affiliate or subsidiary of the National Association of Insurance Commissioners.
(4) The commissioner may not assess a greater fee for an insurance license or relatedservice to a person not residing in this state solely on the fact that the person does not reside inthis state.
Amended by Chapter 3, 2008 General Session