Utah Code 31A-2-213. Immunity
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(1)
Terms Used In Utah Code 31A-2-213
- Agency: means :(6)(a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and(6)(b) an insurance organization licensed or required to be licensed under Section
31A-23a-301 ,31A-25-207 , or31A-26-209 . See Utah Code 31A-1-301 - Department: means the Insurance Department. See Utah Code 31A-1-301
- Employee: means :(57)(a) an individual employed by an employer; or(57)(b) an individual who meets the requirements of Subsection (55)(b). See Utah Code 31A-1-301
- 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
- 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
(1)(a) In the absence of actual malice, a person listed in Subsection (1)(b) is not subject to any civil liability for any cause of action arising out of any communication, written or oral, made to:
(1)(a)(i) a law enforcement agency;
(1)(a)(ii) a governmental authority; or
(1)(a)(iii) the National Association of Insurance Commissioners.
(1)(b) This section applies to:
(1)(b)(i) the commissioner;
(1)(b)(ii) an authorized representative of the commissioner;
(1)(b)(iii) an examiner appointed by the commissioner; or
(1)(b)(iv) any employee of the department.
(2) This section is not intended to abrogate or modify in any way any common-law or statutory privilege or immunity enjoyed by any person.