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Directors and Officers (D&O) Insurance in Utah

Utah’s business-corporation statute bars ordinary indemnification after specified adverse findings in a derivative proceeding or a case involving an improper personal benefit, while allowing a court to order limited expense indemnity. Utah nonprofits use a separate statute, so identify the entity form and incorporation jurisdiction before reviewing indemnification documents or policy alignment. 1

What Is Directors And Officers?

D&O insurance can help pay covered defense costs and losses from claims against company leaders over management decisions. If your organization has a board or executives, check whether the company itself is insured and whether legal bills reduce the limit. Read the national Directors and officers guide.

What to Watch for in Utah

  • Court-Ordered Relief After an Adverse Finding

    Utah’s business-corporation statute limits ordinary indemnification after specified derivative-action liability or an improper personal benefit, but § 16-10a-905 permits a court to order indemnification that is fair and reasonable; after the listed adverse adjudications, it is limited to reasonable expenses. Ask who funds defense and whether settlement needs court review. 1

  • Successful Defense and Advancement Differ

    Unless its articles limit the rule, a Utah business corporation must indemnify a director’s reasonable expenses for a successful defense; an advance before final disposition has separate affirmation, undertaking, and authorization conditions. Review the articles and compare that sequence with the policy’s payment wording. 1

  • Nonprofits Have Their Own Chapter

    Utah nonprofit corporations are governed by Title 16, Chapter 6a, including separate indemnification and insurance sections; the cited business-corporation rules should not be assumed to govern them. Have the broker classify every named insured before mapping entity indemnity to the policy. 1,2

Who Regulates Insurance in Utah

Utah Insurance Department

The Utah Insurance Department regulates licensed insurance companies and producers, offers a public licensee search, and accepts complaints about property/casualty insurance. Complaint jurisdiction depends on policy type and place of issue; employer self-funded plans are outside the Department’s authority. 3,4,5

Surplus-lines tax and stamping office

Reported tax rate: 4.25% of gross premium including policy fees, plus 0.18% stamping fee For Utah-home-state surplus-lines coverage, Utah charges 4.25% of gross premiums including policy fees, less returned premiums, and the Surplus Line Association of Utah collects a 0.18% stamping fee. Utah law requires a policy notice that the nonadmitted insurer is not protected by any Utah guaranty association; the state’s current guidance says a good-faith admitted-market effort is generally required unless the coverage is on the export list. 6,7,8,9,10

Surplus Line Association of Utah

Providers With Documented State Licenses

These providers publish a national listing for Directors and officers; the state records document licenses for the entities and roles shown below. Some records rely on company-reported information rather than independent regulator verification. A national listing does not confirm the product is available in Utah. Check the regulator’s license lookup and confirm state availability for your business when requesting a quote.

  • CoalitionCoalition Insurance Solutions, Inc.Insurance producer, Surplus-lines broker · checked 2026-09-28Coalition’s license page lists producer and surplus-lines licenses for Coalition Insurance Solutions, Inc. in all 50 states and the District of Columbia. The page separately lists insurers; this record covers the brokerage entity only. 12
  • CorgiCorgi Insurance Services, Inc.Insurance producer · checked 2026-09-28Corgi’s company producer-license table lists 50 jurisdictions: 49 states and the District of Columbia, including DC license 3003091619. New Mexico does not appear in the table and is not included here; the omission does not establish that Corgi is unlicensed there. The company-reported table has no stated as-of date and does not establish product availability. 13
  • TechInsuranceSpecialty Program Group LLCInsurance producer · checked 2026-09-28TechInsurance’s current licensing page names Specialty Program Group LLC / SPG Insurance Solutions and lists state license numbers, but labels Rhode Island “Individual licenses” rather than identifying a license for the named agency. RI is omitted because this disclosure does not establish agency authority there; this is a search limitation, not an assertion that the company is unlicensed. The remaining state entries are company-reported and are not an insurance product availability map. 16
  • VouchVouch Specialty Insurance Services, LLCInsurance producer, Surplus-lines broker · checked 2026-09-28Vouch’s licenses page, effective January 16, 2025, lists producer licenses in all 50 states and DC. Its separate surplus-lines table includes Idaho number 870820, while a footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses. Because those statements conflict for Idaho, this record keeps Idaho producer-only and does not treat the table number as established agency surplus-lines authority. The page is company-reported and does not establish product availability. 17

Questions to Ask Before You Buy in Utah

  1. Has the company checked its articles for limits on Utah’s successful-defense indemnity, and how does that compare with policy advancement?
  2. If a derivative claim produces an adverse finding, what policy terms govern the remaining reasonable defense expenses and any court-ordered indemnity?
  3. Is the named insured a Utah business corporation or nonprofit, and which chapter governs its officers and directors?
  4. How does the insurer handle defense invoices while the company obtains the required affirmation, undertaking, and case-specific authorization?

Directors And Officers in Utah: FAQ

Can a Utah court order indemnification after an adverse derivative finding? 1

Yes. Section 16-10a-905 lets a court order indemnification when fair and reasonable; after the specified adverse adjudications in § 16-10a-902(4), it is limited to reasonable expenses. 1

Do Utah nonprofits follow the business-corporation indemnification statute? 1,2

No. Utah’s Revised Nonprofit Corporation Act has a separate indemnification framework in Title 16, Chapter 6a. Confirm the entity’s legal form before applying a business-corporation provision. 1,2

Directors And Officers in Other States

Other Coverage in Utah

Sources

  1. Utah Code, Title 16 Chapter 10a Part 9, Indemnification. Utah Legislature; §§ 16-10a-902 to -909, especially -902(4)–(5), -903, -905, and -908. Accessed 2026-09-28.
  2. Utah Code, Title 16 Chapter 6a, Utah Revised Nonprofit Corporation Act. Utah Legislature; §§ 16-6a-901 to -909, including separate nonprofit indemnification and insurance rules. Accessed 2026-09-28.
  3. utah insurance regulator. State insurance regulator; Official department pages identify consumer, licensee-search, complaint, and regulatory services. Accessed 2026-09-28.
  4. Utah Insurance Department Licensee Search. State insurance regulator; Official search provides public contact information and verifies agent or agency licensing status. Accessed 2026-09-28.
  5. Utah Insurance Department Complaints. State insurance regulator; Accepts most P&C complaints and specifies exclusions and complaint-channel limits. Accessed 2026-09-28.
  6. Utah Code §31A-3-301. Utah Legislature; Effective October 14, 2025; 4.25% of gross premium including fees; cancellation/return premium deductions and statutory exclusions. Accessed 2026-09-28.
  7. Utah Code §31A-3-303. Utah Legislature; §31A-3-301(4): premiums for surplus-lines insurance are taxable in full when Utah is the home state; subject to §31A-3-305 interstate allocation agreements for multistate risks. Accessed 2026-09-28.
  8. Excess & Surplus Lines Insurance. Utah Insurance Department; Current FAQ: tax 4.25% of gross premiums including fees; stamping fee 0.18%; SLA Utah is stamping office; submission within 60 days. Accessed 2026-09-28.
  9. Utah Code §31A-15-103(8)(c). Utah Legislature; Surplus-lines policy must contain statutory notice that the insurer is not licensed and receives no protection from any guaranty associations under Title 31A, Chapter 28. Accessed 2026-09-28.
  10. Excess & Surplus Lines Insurance. Utah Insurance Department; Current surplus-lines guidance: good-faith effort to place with admitted insurer is general rule; export-list coverage does not require diligent search, while off-list coverages require normal search procedures. Accessed 2026-09-28.
  11. Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
  12. Licenses and Carriers. Coalition; Licenses and Carriers, re-read 22 September 2026: Insurance Licenses table for Coalition Insurance Solutions, Inc., national producer number 18419475, with producer and surplus-lines numbers for all 50 states and DC including California 0L76155, Georgia 196479, Texas 2199630 and 2205589, Pennsylvania 815731 and 817452, Colorado 539028 and Wisconsin 3000108852. Insurance Carriers table naming, with NAIC numbers, Allianz Underwriters Insurance Company 36420, Arch Specialty Insurance Company 21199, Ascot Specialty Insurance Company 45055, Ascot Insurance Company 23752, Aspen Specialty Insurance Company 10717, Chaucer Insurance Company DAC, Coalition Insurance Company 29530, Fireman's Fund Indemnity Corporation 11380, Fortegra Specialty Insurance Company 16823, Lloyd's of London, MSIG Specialty Insurance USA Inc. 34886, MS Transverse Specialty Insurance Company 41807, Steadfast Insurance Company 26387, Vantage Risk Specialty Insurance Company 16275 and Zurich American Insurance Company 16535. Accessed 2026-09-22.
  13. Insurance Producer Licenses. Corgi Insurance; Current complete Insurance Producer Licenses table for Corgi Insurance Services, Inc.; 50 rows covering 49 states and DC (DC 3003091619); no New Mexico row; no NPN or as-of date shown. Accessed 2026-09-28.
  14. About Hiscox US Insurance. Hiscox; Hiscox Insurance Company Inc. NAIC 10200 as Chicago, IL domiciled insurer admitted or licensed in all 50 states and D.C.; Hiscox Inc. as general agent and Lloyd’s coverholder for Syndicates 33 and 3624; surplus-lines placements through licensed surplus-lines brokers; A.M. Best rating statement. Accessed 2026-09-16.
  15. Licenses. ERGO NEXT Insurance; Current entity-by-state license table reopened 28 September 2026: 50 rows under Next First Insurance Agency, Inc., including Washington, DC; New York rows instead list Next Insurance Services PC-1423070 and AP Intego BR-1198885. Accessed 2026-09-28.
  16. Insurance Licenses by State. TechInsurance; Current state table; identifies TechInsurance as a division of Specialty Program Group LLC d/b/a SPG Insurance Solutions; lists DC 3000041536 and labels Rhode Island “Individual licenses,” without an agency license number. Accessed 2026-09-28.
  17. Licenses. Vouch; Effective 16 January 2025: Vouch Specialty Insurance Services, LLC, NPN 19926463; P&C table (50 states and DC); surplus-lines table includes Idaho 870820; footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses; Idaho retained as producer-only due to conflict. Accessed 2026-09-15.

Updated .

This guide is informational and does not determine whether a policy is available or meets your needs. Editorial policy. To suggest a correction, contact Spot with a supporting source.

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