Utah · Insurance Adjuster Sample Interactive Mind Map
Utah Adjuster Regulations
A visual breakdown of the Utah rules an adjuster is tested on — including the exemption that turns on two words, the passing score the state has never published, the claim clocks that live in a rule rather than the statute, and the 2026 act that rewrote public adjusting.
Utah licenses two adjusters — independent and public — and deliberately exempts a third. The company adjuster is defined at § 31A-26-102(1) and never licensed. But the exemption at § 31A-26-201(2)(a) turns on words most summaries drop: it covers a “regular salaried employee of, and not an independent contractor for, an insurer.” It is about employment status, not exclusivity — so a contracted staff adjuster working one carrier's Utah claims full time is not exempt at all.
Two things make Utah unusual on the exam. There is no prelicensing education requirement, and no official source publishes a passing score: the Prometric bulletin reports a “numerical percentage of questions answered correctly” and states no threshold against it, and the word scaled appears nowhere. The circulating 70 percent traces to commercial test-prep sites.
On the job the pattern repeats — the answer is rarely where the question points. § 31A-26-303 splits the general business practice element by subsection, so a single knowing misrepresentation violates while a single slow acknowledgment does not, and § 303(5) then forecloses any private cause of action. § 31A-26-301 contains no deadline at all; every clock lives in R590-190, in calendar days. First-party bad faith sounds in contract, not tort, under Beck — restated by the Court of Appeals in June 2026 — so there are no punitive damages on it. And Chapter 45 of the 2026 General Session rebuilt the entire public adjuster part on 6 May 2026, capping fees at 10 and 20 percent, while also reaching outside the adjuster chapter into the PIP statute and the guaranty association.
Utah licenses TWO adjusters — and the third is exempt, not unregulated.
The chapter is Title 31A, Chapter 26. § 31A-26-203(1) lets the commissioner license an independent adjuster or a public adjuster — and nothing else. The company adjuster is defined at § 31A-26-102(1) and never licensed.
The chapter is Title 31A, Chapter 26. § 31A-26-203(1) lets the commissioner license an independent adjuster or a public adjuster — and nothing else. The company adjuster is defined at § 31A-26-102(1) and never licensed.
💼 INDEPENDENT ADJUSTER
🏠 PUBLIC ADJUSTER
Represents ONE OR MORE INSURERS — § 31A-26-102(5) says “one or more,” not “an insurer.” Four classifications. No prelicensing. Governed by § 31A-26-312 conduct rules.
Represents INSUREDS AND CLAIMANTS — § 31A-26-102(9). Same four classifications. Part 4 rebuilt this license entirely on 6 May 2026: filed contracts, a fee cap, a trust account and sixteen conduct standards.
§ 31A-26-201(2)(a) — THE TWO WORDS THAT DECIDE ITThe staff exemption covers “an individual engaged in insurance adjusting as a regular salaried employee of, and not an independent contractor for, an insurer.” The exemption is about EMPLOYMENT STATUS, not about who you work for. A contracted staff adjuster — however exclusive the arrangement — is not exempt and needs a license. The same qualifier appears at (e) for a policyholder’s employee and at (i) for a third party administrator’s employee.
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The ten exemptions — and the one that is doubly conditioned
§ 31A-26-201(2)(a)–(j): insurer’s salaried employee · arbitrator or umpire · attorney in an attorney-client relationship · producer · policyholder’s or claimant’s salaried employee · an adjuster’s clerical employee · specially employed fact-gatherers · group policyholder · third party administrator’s employee · uncompensated helper.
⚠ The producer exemption at (d) is taught as blanket and is not. It applies only as to (i) a class of insurance the producer is licensed for under § 31A-23a-106 AND (ii) a claim adjusted on the request of an insurer for which the producer is a producer. Fail either limb and the exemption is gone.
Exemption (g) is a list of job titles: photographer, estimator, appraiser, marine surveyor, private detective, engineer, handwriting expert. They are exempt because they gather facts. The moment one negotiates the settlement, the exemption stops.
⚠ The producer exemption at (d) is taught as blanket and is not. It applies only as to (i) a class of insurance the producer is licensed for under § 31A-23a-106 AND (ii) a claim adjusted on the request of an insurer for which the producer is a producer. Fail either limb and the exemption is gone.
Exemption (g) is a list of job titles: photographer, estimator, appraiser, marine surveyor, private detective, engineer, handwriting expert. They are exempt because they gather facts. The moment one negotiates the settlement, the exemption stops.
AN UNLICENSED ADJUSTMENT DOES NOT VOID THE SETTLEMENT§ 31A-26-201(3): a claim settlement “may not be considered invalid as a result of a violation of this section.” The exposure is regulatory, not contractual — the carrier does not get the settlement back and the claimant does not lose it.
| Classification — § 31A-26-204 | Exam | Note |
|---|---|---|
| Accident and health | 17-12 | Includes ch. 7 nonprofit health service and ch. 8 HMOs and limited health plans |
| Property and casualty | 17-11 | Includes a surety or other bond |
| Crop | 17-26 | ⚠ Waivable by a national crop program or the FCIC/USDA RMA curriculum |
| Workers’ compensation | 17-27 | A classification, not a separate credential — and P&C does not cover it |
| Title | — | ⚠ Not in § 204’s list. Exists by rule via the Title and Escrow Commission — yet § 206 imposes CE on it |
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§ 31A-26-103 is a catchline trap
It is captioned “Workers’ compensation claims” and it is the first place anyone looks for the comp adjuster credential. It says nothing about adjuster licensing. Its whole text makes insurers writing comp subject to the Labor Commission for claims and benefits. The real answer is in § 31A-26-204 — comp is a classification.
Independent adjuster
Represents one or more insurers. § 31A-26-102(5).
Public adjuster
Represents insureds and claimants. § 31A-26-102(9). Part 4 rewritten 2026.
Company adjuster
A carrier’s claims employee. Defined but never licensed.
Insurance adjusting
“Directing OR CONDUCTING” the investigation, negotiation or settlement. Both verbs.
Designated home state
Requires qualifying as if a resident — exam, fingerprints AND continuing education.
DOD civilian
⚠ Added at (3) by a 2025 SPECIAL SESSION, renumbering (3)–(9).
No prelicensing, four exams — and no passing score published anywhere.
Utah requires no prelicensing education for any insurance license. And neither the Prometric bulletin nor the Department’s exam page states a cut score. The word “scaled” appears in neither.
Utah requires no prelicensing education for any insurance license. And neither the Prometric bulletin nor the Department’s exam page states a cut score. The word “scaled” appears in neither.
| Exam | Questions | Time |
|---|---|---|
| 17-11 Adjuster’s Property and Casualty | 100 | 2 hours |
| 17-12 Adjuster’s Accident and Health | 100 | 2 hours |
| 17-26 Adjuster’s Crop | 60 | 1 hour |
| 17-27 Adjuster’s Workers Compensation | 60 | 1 hour |
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THE PASSING SCORE IS NOT PUBLISHED — and that is the answer, not a gap
The bulletin says only that the report shows “the numerical percentage of questions answered correctly and whether you passed or failed.” So Utah reports a genuine percentage, not a scaled score — and states no threshold against it. The circulating 70% traces to commercial test-prep sites, not to the Department or Prometric. Prepare well above it, because there is no published floor to aim at.
⚠ THE STATUTE LOOKS LIKE UTAH HAS PRELICENSING. IT DOES NOT.§ 31A-26-207(3)(b) speaks of waiving “prelicensing education or examination requirements” — which reads as though such requirements exist. It is PRODUCER boilerplate sitting in the adjuster chapter. § 207(3)(a) opens “a person licensed as an insurance producer in another state who moves to this state”, and § 207(2)(b)(iii) says “applies for an insurance producer license.” § 31A-26-207(1)(a) is permissive — the commissioner “may require” an exam — and R590-244-8, captioned Examination and Training, imposes training only on navigators. The same bleed recurs at § 31A-26-215(1)(b) (“temporary insurance producer license”).
✅ FIVE WAYS PAST THE EXAM — § 31A-26-207
(2) Nonresident licensed for the same line elsewhere — the commissioner SHALL waive, on good standing or NAIC database confirmation
(4) The section applies only to a natural person — entities never sit it
(5)(a) Members of the Utah State Bar
(5)(b)(i) A national crop adjuster program adopted by rule
(5)(b)(ii) The FCIC loss adjustment curriculum through USDA’s Risk Management Agency
❌ WHAT WILL NOT GET YOU IN
Applying before you sit the exam — expressly barred
Applying more than 90 days after passing — the exam must be retaken
Paying the exam fee and sitting more than 90 days later — the fee expires too
Assuming a P&C classification covers workers’ compensation
THE 90-DAY RULE RUNS IN BOTH DIRECTIONS — AND THERE ARE THREE 90-DAY CLOCKS“YOUR APPLICATION AND FEE MUST BE SUBMITTED WITHIN 90 DAYS OF PASSING YOUR EXAM. AFTER 90 DAYS, THE EXAM MUST BE RETAKEN.” And the Department adds that candidates may not submit a license application before taking the required examination. A third ninety-day period governs the exam fee, which is valid 90 days from receipt. Three windows, running at different times, for different things.
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The fee schedule does not contain the word “adjuster”
The Department’s FY2027 fee schedule was read in full — 123 entries, alphabetical, beginning at Bail Bond — and there is no adjuster line of any kind. § 31A-3-103 delegates fees to a published schedule, and that schedule does not itemize this license. NIPR charges $75, and that is what you will pay.
Fingerprinting is a COST PASS-THROUGH, which is why three official sources disagree. § 31A-26-203(3)(e) directs the Department to charge “a fee equal to the aggregate” of the state and federal costs. Schedule: $15.00 BCI + $13.25 FBI. Prometric bulletin: $12 FBI / $20 BCI plus a $6 processing fee. Budget $28–$38.
§ 31A-26-202(4) waives the license fee entirely for a service member stationed in Utah, and for the spouse of a service member or of a DOD civilian, on a current out-of-state license in good standing.
Fingerprinting is a COST PASS-THROUGH, which is why three official sources disagree. § 31A-26-203(3)(e) directs the Department to charge “a fee equal to the aggregate” of the state and federal costs. Schedule: $15.00 BCI + $13.25 FBI. Prometric bulletin: $12 FBI / $20 BCI plus a $6 processing fee. Budget $28–$38.
§ 31A-26-202(4) waives the license fee entirely for a service member stationed in Utah, and for the spouse of a service member or of a DOD civilian, on a current out-of-state license in good standing.
The statute splits the frequency element. The rule holds every clock. Nobody gets a private action.
§ 31A-26-303 has not been amended since 1987. § 31A-26-301 contains no numbers at all. Every operative deadline is in R590-190, and every one of them is in calendar days.
§ 31A-26-303 has not been amended since 1987. § 31A-26-301 contains no numbers at all. Every operative deadline is in R590-190, and every one of them is in calendar days.
✅ § 303(2) — A SINGLE ACT VIOLATES
Chapeau: “Each of the following acts is an unfair claim settlement practice” — no frequency element
Knowingly misrepresenting material facts or policy provisions at issue
Using an application altered by the insurer without the insured’s notice, knowledge or consent
Failing to settle promptly under one portion of coverage to influence settlements under other portions
⚠ § 303(3) — NEEDS A GENERAL BUSINESS PRACTICE
Chapeau: unfair “if committed or performed with such frequency as to indicate a general business practice”
Failing to acknowledge and act promptly on communications
Failing to adopt reasonable standards for prompt investigation
Compelling insureds to litigate by offering substantially less than amounts ultimately recovered
Appealing substantially all arbitration awards favoring insureds to force lesser settlements
Not attempting in good faith to effectuate a prompt, fair and equitable settlement where liability is reasonably clear
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§ 31A-26-303(5) — ELEVEN WORDS THAT CLOSE THE COURTHOUSE
“This section does not create any private cause of action.” No subsection is privately actionable — not one. Enforcement is the commissioner’s alone, through § 31A-2-308: forfeitures up to $2,500 or $5,000 per violation by class, court forfeitures up to $10,000 per day, criminal fines of $10,000 (corporation) or $5,000 otherwise.
The private remedy in Utah is the common-law bad faith claim — a different claim, from a different source, on a different standard.
The private remedy in Utah is the common-law bad faith claim — a different claim, from a different source, on a different standard.
§ 31A-26-301 CONTAINS NO DEADLINE, AND APPLIES ONLY TO FIRST PARTY BENEFITSIt requires that “an insurer shall timely pay every valid insurance claim” and then delegates: “By rule the commissioner may prescribe the periods of time within which payment is required to be made to be timely.” And it limits itself: “This section applies only to a claim for first party benefits.” ⚠ Chapter 45 (2026) amended this section and did NOT touch the timeliness clocks — it added a dental-check regime (180 days uncashed → notify by phone, mail and email; 365 days → no obligation to pay; and the provider “may not seek payment from the insured”).
| R590-190 clock | Days | What it requires |
|---|---|---|
| Acknowledge notice of loss | 15 | Excused if payment is made in 15 days, or the failure is reasonably explained |
| Substantive response to a claimant | 15 | R590-190-6 |
| Forms and instructions | 15 | Supplied on receiving notice of loss |
| Accept or deny | 30 | After a COMPLETE proof of loss — unless the investigation cannot reasonably be completed |
| Extension notice | 30 | “giving the reasons more time is needed” |
| Continuing updates | 45 | And every 45 thereafter — excused if the claimant has counsel or a PUBLIC ADJUSTER |
| Limitations notice | 60 | ⚠ Before expiry, to unrepresented FIRST AND THIRD PARTY claimants |
| Pay a first party claim | 30 | From proof of loss where liability is reasonably clear |
| Deliver the amount owed | 30 | First or third party |
| Auto total loss reopen | 30 | If the claimant cannot buy a comparable vehicle at the settlement amount |
Every R590-190 period is CALENDAR days — the rule says “days” unqualified throughoutThe only BUSINESS-day clocks in this area are § 31A-26-401’s 15-day rescission refund and § 31A-22-309(6)(c)
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The 60-day limitations notice is the most unusual duty in Utah claims practice
Utah’s timely-payment statute is first party only, and its unfair claims statute creates no private action for anyone — yet R590-190-10 obliges the carrier to warn an unrepresented THIRD-PARTY claimant that their time to sue is about to run.
Read it with the rest of R590-190-9, which makes it an unfair practice to mislead a claimant about the limitations period and to “advise a claimant not to obtain the services of an attorney.” ⚠ And the first-party clock runs from the INCEPTION OF THE LOSS — so on a late-reported claim the 60-day trigger may already be close.
Read it with the rest of R590-190-9, which makes it an unfair practice to mislead a claimant about the limitations period and to “advise a claimant not to obtain the services of an attorney.” ⚠ And the first-party clock runs from the INCEPTION OF THE LOSS — so on a late-reported claim the 60-day trigger may already be close.
R590-190-9 — THE NON-TIME PROHIBITIONS WORTH KNOWINGCompensating an employee, producer or contractor based on SAVINGS FROM DENYING payment. · Denying on a provision not referenced in the denial. · Requiring releases broader than the occurrence. · Deducting other policies’ premiums from a loss payment. · Refusing to pay without a reasonable investigation. · Denying after preauthorization. · Failing to pay interest at the legal rate under Title 15.
R590-190-12 (auto): no refusing to disclose policy limits on request, and no releases printed on the back of a check.
R590-190-12 (auto): no refusing to disclose policy limits on request, and no releases printed on the back of a check.
First-party bad faith sounds in CONTRACT. Third-party sounds in TORT. That single split drives everything.
This is the inversion a national course gets wrong. Beck v. Farmers Insurance Exchange, Docket 18926 (Utah, 12 June 1985) — and it was restated by the Court of Appeals on 19 June 2026.
This is the inversion a national course gets wrong. Beck v. Farmers Insurance Exchange, Docket 18926 (Utah, 12 June 1985) — and it was restated by the Court of Appeals on 19 June 2026.
📄 FIRST PARTY — CONTRACT
⚖️ THIRD PARTY — TORT
“the duties and obligations of the parties are contractual rather than fiduciary… a breach of those implied or express duties can give rise only to a cause of action in contract, not one in tort.”
No punitive damages. Consequential damages yes, where within the parties’ contemplation. Damages not capped at policy limits. Emotional distress only “in unusual cases”.
No punitive damages. Consequential damages yes, where within the parties’ contemplation. Damages not capped at policy limits. Emotional distress only “in unusual cases”.
“the insurer must act in good faith and be as zealous in protecting the interests of the insured as it would be in regard to its own.”
A fiduciary-style standard, justified by the insurer’s control of the defense and the settlement decision. The exposure is the excess judgment against the insured.
A fiduciary-style standard, justified by the insurer’s control of the defense and the settlement decision. The exposure is the excess judgment against the insured.
NEWMAN v. LM GENERAL — DOCKET 20241295-CA (UTAH CT. APP., 19 JUNE 2026)Two months before this map was written, the Court of Appeals restated the rule: “a bad faith claim brought based on an insurer’s failure to perform its duties under a first-party insurance contract sounds in contract rather than tort.”
The three Beck duties: diligently investigate the facts · fairly evaluate the claim · act promptly and reasonably in rejecting or settling it.
The defense is FAIRLY DEBATABLE: “when a claim is fairly debatable, the insurer is entitled to debate it, whether the debate concerns a matter of fact or law.” The debate must be real — and the file is what shows it.
The three Beck duties: diligently investigate the facts · fairly evaluate the claim · act promptly and reasonably in rejecting or settling it.
The defense is FAIRLY DEBATABLE: “when a claim is fairly debatable, the insurer is entitled to debate it, whether the debate concerns a matter of fact or law.” The debate must be real — and the file is what shows it.
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Beware the fifty-state compendium on this one
At least one widely used state-by-state insurance compendium states that Utah first-party bad faith “sounds in tort” and attributes it to a 2005 decision. It is wrong. The 2005 case is about discovery — that a showing of breach of express contract is not a condition precedent to discovery on a bad faith claim — not about the nature of the claim.
⚠ And citation fields fail here too. One national database prints a 2001 Utah Supreme Court opinion under a 1989 reporter volume — impossible on its face. Cite docket number, court and decision date.
⚠ And citation fields fail here too. One national database prints a 2001 Utah Supreme Court opinion under a 1989 reporter volume — impossible on its face. Cite docket number, court and decision date.
ADJUSTER PERSONAL LIABILITY IS GENUINELY UNRESOLVED — AND THAT IS THE ANSWERNo Utah appellate holding runs in either direction.
Against: Beck makes the first-party duty contractual, and the adjuster is not a party to the contract. § 303(5) removes any statutory hook. § 31A-26-312(3) channels adjuster misconduct into administrative penalties.
For: § 31A-26-312 opens “an independent adjuster or public adjuster may not” — Utah regulates the individual directly, and Part 4 does the same. A plaintiff would argue an independent misrepresentation duty survives.
The absence of a holding is not protection. It means the question is decided on the file.
Against: Beck makes the first-party duty contractual, and the adjuster is not a party to the contract. § 303(5) removes any statutory hook. § 31A-26-312(3) channels adjuster misconduct into administrative penalties.
For: § 31A-26-312 opens “an independent adjuster or public adjuster may not” — Utah regulates the individual directly, and Part 4 does the same. A plaintiff would argue an independent misrepresentation duty survives.
The absence of a holding is not protection. It means the question is decided on the file.
| § 31A-21-313 — time to sue | Period | The catch |
|---|---|---|
| First party, written policy | 3 years | ⚠ From the INCEPTION OF THE LOSS — not from denial, not from breach |
| Personal injury protection | 4 years | An outlier, at § 31A-22-307(7)(a) — in the motor vehicle chapter, not here |
| Fidelity bond | 3 years | Inception runs from the first denial |
| Shortening by policy | VOID | A policy may not shorten it, may not fix venue, may not bar suit |
| During appraisal or arbitration | TOLLED | § 313(5) — the clock stops |
| Before proof of loss + 60 days | PREMATURE | No suit until the earliest of 60 days after proof, waiver, or denial of full payment |
§ 31A-26-312 — YOUR OWN CONDUCT RULES, AND THE CARVE-BACKProhibited: participating directly or indirectly in the repair of property you adjust · interests in a salvage, repair or construction firm that gets business from your claim · soliciting employment for an attorney · acting for an attorney in getting an insured to sign a representation agreement · accepting a referral fee for sending an insured to an attorney, appraiser, umpire, contractor, repair firm or salvage company.
⚠ BUT § 31A-26-312(2): subsection (1)(c) “may not be construed to prohibit an independent adjuster or public adjuster from recommending a specific attorney to an insured.” The recommendation is protected. The consideration is not.
⚠ BUT § 31A-26-312(2): subsection (1)(c) “may not be construed to prohibit an independent adjuster or public adjuster from recommending a specific attorney to an insured.” The recommendation is protected. The consideration is not.
Chapter 45 of the 2026 General Session rebuilt Part 4 — and reached outside Chapter 26 while it was there.
Effective 6 May 2026. It rewrote §§ 31A-26-401 to -407, amended § 31A-26-301, and also amended the PIP statute § 31A-22-309 and the guaranty association definition at § 31A-28-203. A sweep scoped to the adjuster chapter would have missed the last two.
Effective 6 May 2026. It rewrote §§ 31A-26-401 to -407, amended § 31A-26-301, and also amended the PIP statute § 31A-22-309 and the guaranty association definition at § 31A-28-203. A sweep scoped to the adjuster chapter would have missed the last two.
| § 31A-26-402 — public adjuster fees | Cap | Note |
|---|---|---|
| Catastrophic claim settlement | 10% | Both sources agree |
| Non-catastrophic claim settlement | 20% | ⚠ The Department’s own 2026 summary page says 15% — that is the bill as introduced |
| Insurer pays limits within 72 hours | NO % | Time-and-expense compensation only — a fee forfeiture keyed to insurer speed |
| Before settlement of the claim | $0 | No fee, retainer, compensation, deposit or thing of value |
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AN AGENCY’S LEGISLATIVE SUMMARY DESCRIBES THE BILL, NOT THE CODE
The Department’s 2026 summary page states the non-catastrophic cap as fifteen percent. The enacted statute says twenty. The figure was amended before passage and the summary was never reconciled against the enrolled act. This is more dangerous than a stale commercial mirror, because the domain is the regulator’s own. Read the codified section and its effective-date stamp.
§ 31A-26-401 — FIVE CONTRACT TERMS THAT ARE VOIDA public adjuster contract may not let the adjuster collect its percentage on money due but unpaid by the insurer · let the adjuster take the entire fee out of the first check · require a check in the adjuster’s name only · impose a collection cost or late fee · or “prevent an insured from pursuing a civil remedy.”
The contract must be on a form filed with the department, executed in duplicate, with a signed copy to the insured at the time of signing — and the compensation provision may not be redacted from the filed form. The INSURER must then verify the adjuster’s license and document the claim file.
The contract must be on a form filed with the department, executed in duplicate, with a signed copy to the insured at the time of signing — and the compensation provision may not be redacted from the filed form. The INSURER must then verify the adjuster’s license and document the claim file.
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Rescission: two clocks, two conventions, one transaction
§ 31A-26-311 (1986): the insured may rescind by written notice delivered to the adjuster within 10 days of ENTERING INTO the contract — calendar days.
⚠ And the right dies early: it “does not apply if prior to the rescission the public adjuster has effected an acceptable settlement of the claim.” A fast-settling adjuster extinguishes it.
§ 31A-26-401 (2026): on rescission the adjuster returns anything of value within 15 BUSINESS days.
Enacted forty years apart. Never harmonized. Count each on its own terms.
⚠ And the right dies early: it “does not apply if prior to the rescission the public adjuster has effected an acceptable settlement of the claim.” A fast-settling adjuster extinguishes it.
§ 31A-26-401 (2026): on rescission the adjuster returns anything of value within 15 BUSINESS days.
Enacted forty years apart. Never harmonized. Count each on its own terms.
§ 31A-26-403.1 — THE ASSIGNMENT RULE RUNS THE UNEXPECTED WAYA property policy MAY prohibit assignment of rights or benefits to a repair contractor, roofing company, disaster clean-up company, appraiser or inspector — and that prohibition may not be circumvented by a power of attorney. But the policy MAY NOT prohibit assignment to a PUBLIC ADJUSTER. Anti-assignment statutes usually restrain insurers; Utah authorizes the clause and then carves the public adjuster out of it.
§ 31A-26-406 IS CAPTIONED “RECORD RETENTION REQUIREMENTS” AND SETS NO PERIODIt requires the adjuster to keep, at the registered address, a record of each investigation, adjustment or transaction — and then lists eleven categories of CONTENT: the insured’s name; date, location and amount of loss; a copy of the contract; each policy’s insurer, amount, expiration and number; itemized recoveries; itemized compensation; a register of all money received, deposited, disbursed or withdrawn; the executing adjuster; the insured’s attorney; the claims representative; and financial responsibility documentation.
⚠ It never says how long to keep any of it. A caption is not operative text.
⚠ It never says how long to keep any of it. A caption is not operative text.
| Elsewhere in ch. 45 and around it | Figure | Where |
|---|---|---|
| PIP reimbursement return | 15 business days | ⚠ The notice clause says 15 days, the operative clause says 15 BUSINESS days — same act |
| Guaranty per-claim cap | $300,000 | § 31A-28-207(1)(b) — unchanged by ch. 45 |
| Guaranty claimant deductible | NONE | ⚠ Utah dropped the model act’s $100 — it survives only as a floor on unearned premium, capped at $10,000 |
| Guaranty aggregate | $10,000,000 | Per insured and affiliates |
| Net worth exclusion | >$25,000,000 | Amended by ch. 45 — § 31A-28-203(4)(b)(iv) |
| Fraud reporting | 90 days | By INSURERS, not adjusters personally — through NICB, NAIC or department email |
| Fraud warning statement | NOT REQUIRED | ⚠ §§ 31A-31-101 to -112 enumerated — no legend anywhere |
| Fraud civil penalty | 3× | The value improperly sought — and no criminal action is required first |
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Top Exam Tips — Utah Adjuster Regulations
1. TWO LICENSES, ONE EXEMPTION. Independent and public are licensed; the company adjuster is exempt — and the exemption fails for an independent contractor.
2. NO PRELICENSING, AND NO PUBLISHED PASSING SCORE. Utah reports a percentage, not a scaled score, and states no threshold.
3. EMERGENCY LICENSE: APPLY WITHIN A WEEK OF BEGINNING. 90 days, extendable by 90 — before expiry.
4. § 303(2) NEEDS NO GENERAL BUSINESS PRACTICE; § 303(3) DOES. Name the subsection.
5. § 303(5) — NO PRIVATE CAUSE OF ACTION. The remedy is Beck, not the statute.
6. FIRST PARTY = CONTRACT. THIRD PARTY = TORT. No punitives on the first-party claim.
7. THREE YEARS FROM THE INCEPTION OF THE LOSS, and a policy may not shorten it.
8. ALL R590-190 CLOCKS ARE CALENDAR DAYS. 15 / 30 / 45 / 60.
9. THE 50% BAR — combined fault must EXCEED the plaintiff’s, so 50/50 recovers nothing.
10. NO SALVAGE PERCENTAGE, NO STANDARD FIRE POLICY, NO VALUED POLICY LAW, NO FRAUD WARNING. Four negatives, all proved by enumeration.
2. NO PRELICENSING, AND NO PUBLISHED PASSING SCORE. Utah reports a percentage, not a scaled score, and states no threshold.
3. EMERGENCY LICENSE: APPLY WITHIN A WEEK OF BEGINNING. 90 days, extendable by 90 — before expiry.
4. § 303(2) NEEDS NO GENERAL BUSINESS PRACTICE; § 303(3) DOES. Name the subsection.
5. § 303(5) — NO PRIVATE CAUSE OF ACTION. The remedy is Beck, not the statute.
6. FIRST PARTY = CONTRACT. THIRD PARTY = TORT. No punitives on the first-party claim.
7. THREE YEARS FROM THE INCEPTION OF THE LOSS, and a policy may not shorten it.
8. ALL R590-190 CLOCKS ARE CALENDAR DAYS. 15 / 30 / 45 / 60.
9. THE 50% BAR — combined fault must EXCEED the plaintiff’s, so 50/50 recovers nothing.
10. NO SALVAGE PERCENTAGE, NO STANDARD FIRE POLICY, NO VALUED POLICY LAW, NO FRAUD WARNING. Four negatives, all proved by enumeration.
Scenario Quiz — ten fact patterns.
Ten situations drawn from the places Utah answers a national assumption backwards, hides a duty in a rule rather than the statute, or moved a number in 2026 that most published material has not caught up with. Each explanation names the trap and says why the plausible wrong answer is wrong.
Ten situations drawn from the places Utah answers a national assumption backwards, hides a duty in a rule rather than the statute, or moved a number in 2026 that most published material has not caught up with. Each explanation names the trap and says why the plausible wrong answer is wrong.
Like learning this way? There's a whole library of them.
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Study Guide
A real chapter from the Utah manual, free.
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Flashcards
The fastest way to make it stick.
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Audio Course
Turn your commute into study time.
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Video Course
Sit in the front row of a 20-year classroom.
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Learning Games
Studying that doesn't feel like studying.
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Every tool, one system, one price.
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