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Rule R612-5. Employee Leasing Company Workers' Compensation Insurance Policy Endorsements.

As in effect on June 1, 2008

Table of Contents

R612-5-1. Authority.

This rule is enacted under the authority of Sections 34A-1-104 and 34A-2-103.

R612-5-2. Definition.

A. For the purposes of this rule an employee leasing company is as defined per Title 58, Chapter 59.

B. In addition to the foregoing definition, all definitions in Rule R612-1 apply to this section.

R612-5-3. Workers' Compensation Coverage for Client Companies Under an Endorsement Arrangement.

An insurance company licensed to write workers' compensation coverage in the state of Utah underwriting an employee leasing company as the named insured shall insure all of the primary insured's client companies under an umbrella policy and shall provide a separate endorsement for each client company unless the client company provides workers' compensation coverage under a separate policy.

R612-5-4. Notification of a New Policy and Endorsements.

A. Any insurance carrier underwriting a new policy naming an employee leasing company as the primary insured shall notify the division in writing or by electronic means within ten working days of the new policy including all client companies covered under the policy. The notification shall include all the information as specified in this rule.

B. The insurance carrier shall subsequently notify the division in writing or by electronic means within ten working days of any new client company endorsements covered under a leasing company's umbrella policy after the initial policy is written giving all information as specified in this rule.

R612-5-5. Cancellations.

Any insurance carrier underwriting an employee leasing company as the primary insured shall:

A. Give the division a 30 day advance notice in writing or by electronic means of a proposed cancellation of an employee leasing company or any client company written as an endorsement under an employee leasing company's policy.

B. Give the division notice in writing or through electronic means within ten working days after cancellation of a policy underwritten naming the employee leasing company as the primary insured and any cancellation of an endorsement of a client company covered under the primary insured.

C. Failure by an insurance carrier to notify the division of the cancellation of either the primary insured employee leasing company or a client company will result in the continuation of coverage by the insurance carrier until the division receives notification as specified in this rule.

R612-5-6. Required Information.

The following information is required on any notice sent to the division on a policy underwritten by the insurance carrier naming an employee leasing company as the primary insured.

A. Name and both mailing and physical address of the employee leasing company.

B. The policy number and effective dates of coverage for the employee leasing company.

C. Each client company's DBA's (doing business as) names(s) and mailing and physical location(s).

D. The Standard Industrial Classification (SIC) for each client company.

E. The effective dates of coverage on the endorsement for each client company.

R612-5-7. Reporting of Injuries.

The reporting of injuries as required in Section 34A-2-407 shall be in the name of the client company.

KEY

workers' compensation, employer, insurance

Date of Enactment or Last Substantive Amendment

1993

Notice of Continuation

April 28, 2008

Authorizing, Implemented, or Interpreted Law

34A-2-103


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For questions regarding the content or application of rules under Title R612, please contact the promulgating agency (Labor Commission, Industrial Accidents). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html.

For questions about the rulemaking process, please contact the Division of Administrative (801-538-3764). Please Note: The Division of Administrative Rules is not able to answer questions about the content or application of these rules.


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