31A-26-208 - Nonresident jurisdictional agreement.
31A-26-208. Nonresident jurisdictional agreement.
(1) (a) If a nonresident license applicant has a valid license from the nonresident licenseapplicant's home state and the conditions of Subsection (1)(b) are met, the commissioner shall:
(i) waive any license requirement for a license under this chapter; and
(ii) issue the nonresident license applicant a nonresident adjuster's 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 adjuster license;
(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;
(ii) the nonresident license applicant's license in the applicant's home state is in goodstanding; and
(iii) the nonresident license applicant's home state awards nonresident adjuster licenses toresidents of this state on the same basis as this state awards licenses to residents of that homestate.
(2) A nonresident applicant shall execute in a form acceptable to the commissioner anagreement to be subject to the jurisdiction of the commissioner and courts of this state on anymatter related to the adjuster'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) other service authorized under the Utah Rules of Civil Procedure or Section78B-3-206.
(3) The commissioner may verify the third party administrator's licensing status throughthe database 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 based solely on the fact that the person does notreside in this state.
Amended by Chapter 3, 2008 General Session