# UT Insurance Bulletin 94-1: Incorporation by Reference > Utah · Agency guidance · In force URL: https://www.frixlaw.com/law-library/statutes/UT_INS_B_1994-01 ## Section - **Citation:** UT Insurance Bulletin 94-1 - **Heading:** Incorporation by Reference - **Jurisdiction:** Utah - **Kind:** Agency guidance - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Utah Insurance Department Bulletins and Orders / Incorporation by Reference ## Text BULLETIN 94-1 (Revised 10/96) INCORPORATION BY REFERENCE Utah Code Ann. §31A-21-106(1) states, in part: (a) . . .an insurance policy may not contain any agreement or incorporate any provision not fully set forth in the policy or in an application or other document attached to and made a part of the policy at the time of its delivery, unless the policy, application, or agreement accurately reflects the terms of the incorporated agreement, provision, or attached document. (b)(i) A policy may by reference incorporate rate schedules and classifications of risks and short-rate tables filed with the commissioner. The Utah Supreme Court addressed this section of the Insurance Code, in CALLUM v. FARMERS INSURANCE EXCHANGE (217 Utah Adv. Rep. 13, 1993). The Court stated: . . .Section 31A-21-106...directs that all provisions [of an insurance contract] must be physically present in the written contract itself or in other documents attached to the contract at the time of its delivery. . . .Its aim is to ensure that the entire insurance contract is contained in one document so that the insured can determine from the policy exactly what coverage he or she has.... When drafting insurance policy forms insurers must be careful to ensure that those forms contain all provisions of the insurance contract. An insurance policy must include all the terms and conditions applicable to the coverage. Reference to another document or source to find the terms and provisions of coverage is not in compliance with the statute. Insurance forms may not contain provisions incorporating or "deeming attached as if physically attached" applications or any other documents into the policy unless the form also clearly states that such documents will be attached to the policy no later than at the time of its delivery. Documents "on file with the insurer" are not considered part of the insurance policy. Neither should definitions of terms be incorporated by reference sions incorporating or "deeming attached as if physically attached" applications or any other documents into the policy unless the form also clearly states that such documents will be attached to the policy no later than at the time of its delivery. Documents "on file with the insurer" are not considered part of the insurance policy. Neither should definitions of terms be incorporated by reference. If key terms in an insurance contract are not clearly defined, the contract can be misleading, obscure and even deceptive. If terms are not defined other than by a general reference to a Federal or state law, an insured will not know the terms and conditions of coverage. Materials such as financial reports, articles of incorporation, copies of contracts, procedural and diagnostic codes, etc., which are the basis for underwriting, should not be incorporated into the policy. Rather, these documents should remain a part of the underwriting file. A reference in the application may state that the company has relied upon materials provided by the insured when determining that a policy would be issued. Bulletin http://www.insurance.utah.gov/bulletin/94-1.htm 1 of 2 6/25/2008 3:43 PM To assure compliance with the statute, policy forms must not contain any incorporation provision or the policy language must state that the application and any other relevant documents will be attached to and be part of the policy at the time of its delivery, and these documents must then be attached. Failure to comply with the statute is a violation of the Utah Insurance Code and appropriate penalties may be imposed. Policy forms that do not comply are subject to disapproval upon examination by the Department. Policy forms that are not in compliance and that have been previously filed and not disapproved may be corrected and refiled with the commissioner without penalty. Sample application forms must be included in all filings where the application will be attached to the policy. DATED this 23rd day of September, 1996 orms that do not comply are subject to disapproval upon examination by the Department. Policy forms that are not in compliance and that have been previously filed and not disapproved may be corrected and refiled with the commissioner without penalty. Sample application forms must be included in all filings where the application will be attached to the policy. DATED this 23rd day of September, 1996. Insurance Commissioner [Back to Top] Bulletin http://www.insurance.utah.gov/bulletin/94-1.htm 2 of 2 6/25/2008 3:43 PM ## Nearby sections - [UT Insurance Bulletin 86-5 “Claims Made” Liability Policy Disclosure Requirements](https://www.frixlaw.com/law-library/statutes/UT_INS_B_1986-05.md) - [UT Insurance Bulletin 87-6 Notice and Proof of Loss](https://www.frixlaw.com/law-library/statutes/UT_INS_B_1987-06.md) - [UT Insurance Bulletin 87-7 Group Life and Disability Insurance](https://www.frixlaw.com/law-library/statutes/UT_INS_B_1987-07.md) - [UT Insurance Bulletin 89-3 Loss of Income Benefit Under Personal Injury Protection Coverage, Section 31A-22-307(1)(b)(i), U.C.A.](https://www.frixlaw.com/law-library/statutes/UT_INS_B_1989-03.md) - [UT Insurance Bulletin 90-3 Temporomandibular Joint Dysfunction](https://www.frixlaw.com/law-library/statutes/UT_INS_B_1990-03.md) - [UT Insurance Bulletin 90-4 Universal Life and Interest Sensitive Life Policy Forms](https://www.frixlaw.com/law-library/statutes/UT_INS_B_1990-04.md) - [UT Insurance Bulletin 91-2 Excess and Surplus Lines Insurer Annual Statements](https://www.frixlaw.com/law-library/statutes/UT_INS_B_1991-02.md) - [UT Insurance Bulletin 92-1 Apparent Practices that Violate the Open Enrollment Law](https://www.frixlaw.com/law-library/statutes/UT_INS_B_1992-01.md) - [UT Insurance Bulletin 92-7 Workers’ Compensation Deductible, Reimbursement, Retention and Similar Plans](https://www.frixlaw.com/law-library/statutes/UT_INS_B_1992-07.md) - [UT Insurance Bulletin 94-1 Incorporation by Reference](https://www.frixlaw.com/law-library/statutes/UT_INS_B_1994-01.md) - [UT Insurance Bulletin 94-2 Procedures for Insured’s Inquiries Regarding Workers’ Compensation Rates](https://www.frixlaw.com/law-library/statutes/UT_INS_B_1994-02.md) - [UT Insurance Bulletin 94-4 Waiver of PIP Loss of Gross Income Benefits](https://www.frixlaw.com/law-library/statutes/UT_INS_B_1994-04.md) - [UT Insurance Bulletin 94-8 P.L. 103-432 — The Social Security Act Amendments of 1994 (Medicare Supplemental Technical Corrections](https://www.frixlaw.com/law-library/statutes/UT_INS_B_1994-08.md) - [UT Insurance Bulletin 95-2 Implementation of Department Rule R590-171, Surplus Lines Procedures Rule](https://www.frixlaw.com/law-library/statutes/UT_INS_B_1995-02.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/UT_INS_B_1994-01. Check the current official text before relying on it. Not legal advice.