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Representations and Warranties Insurance in Utah

Utah generally allows 6 years under Utah Code § 78B-2-309(1)(b) for actions on a contract, obligation, or liability founded on a written instrument, except specified actions, subject to claim-specific exceptions and accrual rules. That statutory filing period does not set the survival date negotiated for each representation or the insurer’s reporting window; if Utah is the insured’s home state, the surplus-lines tax rate is 4.25% and 0.18%. 1,2,3

What Is Representations And Warranties?

Representations and warranties insurance can cover a buyer’s or seller’s loss from inaccurate statements in a stock or asset purchase agreement. For a business sale, check who is insured, who can recover and how known issues are treated. Read the national Representations and warranties guide.

What to Watch for in Utah

  • Separate The Statute From The Survival Schedule

    Utah Code § 78B-2-309(1)(b) provides 6 years for actions on a contract, obligation, or liability founded on a written instrument, except specified actions. Ask deal counsel to list a separate survival end date for each representation, then compare those dates with the insurer’s claim-reporting deadline. 1

  • Confirm When A Contract Claim Accrues

    Utah measures the cited contract period from accrual; Utah Code § 78B-2-309(1)(b) covers actions on a contract, obligation, or liability founded on a written instrument, except specified actions. For an R&W placement, ask counsel to identify the alleged breach date and put it beside the purchase-agreement survival date and policy notice deadline. 1

  • Show Home-State Tax In The Closing Costs

    Federal law assigns nonadmitted premium-tax authority to the insured’s home state. If Utah is the home state for your R&W policy, 4.25% of gross premium including policy fees, plus 0.18% stamping fee applies under Utah Code §31A-3-301. Ask the broker to state the tax base and any separate stamping or filing charge in the closing funds flow. 3,2

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. 4,5,6

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. 7,8,9,10,11

Surplus Line Association of Utah

Providers With Documented State Licenses

These providers publish a national listing for Representations and warranties; 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.

  • 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. 14

Questions to Ask Before You Buy in Utah

  1. Which Utah limitation period and accrual rule apply to each seller representation, and does the governing-law clause point to a different state?
  2. Can you put each negotiated representation survival date, the escrow release date, and the policy reporting deadline on one closing calendar?
  3. If the policy is placed on a surplus-lines basis, is Utah the insured’s home state, what tax base applies, and who remits the tax?
  4. Which state bulk-sale notice, tax-clearance, or successor-liability issues should the deal team evaluate for this asset or stock purchase?

Representations And Warranties in Utah: FAQ

How long is the written-contract limitation period in Utah? 1

6 years under Utah Code § 78B-2-309(1)(b) for actions on a contract, obligation, or liability founded on a written instrument, except specified actions. Accrual, claim classification, and statutory exceptions can change which period applies. 1

Does Utah’s contract limitation period set the R&W survival period? 1

No. Utah Code § 78B-2-309(1)(b) sets a court-filing limit for actions on a contract, obligation, or liability founded on a written instrument, except specified actions; it does not set the negotiated survival end date for a representation or the separate deadline to notify the insurer. 1

What surplus-lines tax applies to an R&W policy in Utah? 2,3

4.25% of gross premium including policy fees, plus 0.18% stamping fee when Utah is the insured’s home state, under Utah Code §31A-3-301. Federal law assigns the premium-tax obligation to the home state; ask the broker to show the home-state and tax calculation on the closing statement. 2,3

Representations And Warranties in Other States

Other Coverage in Utah

Sources

  1. Utah Code § 78B-2-309(1)(b). Utah Legislature; Utah Code §78B-2-309(1)(b), current chapter code; 6 years period for actions on a contract, obligation, or liability founded on a written instrument, except specified actions. Accessed 2026-09-29.
  2. 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.
  3. 15 U.S.C. § 8201: Nonadmitted insurance premium tax. U.S. House of Representatives, Office of the Law Revision Counsel; §8201(a): only the insured’s home state may require payment of premium tax for nonadmitted insurance. Accessed 2026-09-29.
  4. utah insurance regulator. State insurance regulator; Official department pages identify consumer, licensee-search, complaint, and regulatory services. Accessed 2026-09-28.
  5. 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.
  6. Utah Insurance Department Complaints. State insurance regulator; Accepts most P&C complaints and specifies exclusions and complaint-channel limits. Accessed 2026-09-28.
  7. 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.
  8. 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.
  9. 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.
  10. 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.
  11. 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.
  12. Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
  13. 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.
  14. 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.
  15. 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.
  16. 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.
  17. 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.
  18. 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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