(1) A person subject to this chapter is subject to:

Ask an insurance law question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Utah Code 31A-36-118

  • Fraud: Intentional deception resulting in injury to another.
  • Insurance: includes :
              (96)(b)(i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;
              (96)(b)(ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and
              (96)(b)(iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Life settlement: includes :
              (8)(b)(i) the transfer for compensation or value of ownership or beneficial interest in a trust or other entity that owns a policy if the trust or other entity is formed or operated for the principal purpose of acquiring one or more policies; or
              (8)(b)(ii) a premium finance loan made for a policy by a lender to an owner on, before, or after the date of issuance of the policy if the owner:
                   (8)(b)(ii)(A) receives on the date of the premium finance loan a guarantee of a future life settlement value of the policy; or
                   (8)(b)(ii)(B) agrees on the date of the premium finance loan to sell the policy or any portion of the policy's death benefit on a date following the issuance of the policy. See Utah Code 31A-36-102
  • Owner: means any of the following who resides in this state and seeks to enter into a life settlement:
              (12)(a)(i) the owner of a policy; or
              (12)(a)(ii) the holder of a certificate of a group policy. See Utah Code 31A-36-102
  • Person: includes :
         (146)(a) an individual;
         (146)(b) a partnership;
         (146)(c) a corporation;
         (146)(d) an incorporated or unincorporated association;
         (146)(e) a joint stock company;
         (146)(f) a trust;
         (146)(g) a limited liability company;
         (146)(h) a reciprocal;
         (146)(i) a syndicate; or
         (146)(j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
     (1)(a) Section 31A-2-308 for an administrative violation of this title;
     (1)(b) prosecution under Title 76, Chapter 6, Part 4, Theft, for criminal activity involving a life settlement; or
     (1)(c) prosecution under Section 31A-31-103 for insurance fraud involving a life settlement.
(2) A person found to be in violation of this chapter may:

     (2)(a) be ordered to pay restitution to persons aggrieved by the violation;
     (2)(b) be ordered to pay a forfeiture;
     (2)(c) be imprisoned if found guilty of a criminal law by a court of competent jurisdiction; and
     (2)(d) be subject to a combination of the penalties described in this Subsection (2).
(3) Except for a fraudulent act committed by an owner, this section does not apply to the owner.