Utah Code 31A-27a-110. Cooperation of officers, owners, and employees
Current as of: 2024 | Check for updates
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(1) As used in this section:
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 31A-27a-110
- Affiliate: is a s defined in Section 31A-1-301. See Utah Code 31A-27a-102
- Commissioner: is a s defined in Section 31A-1-301. See Utah Code 31A-27a-102
- Control: is a s defined in Section 31A-1-301. See Utah Code 31A-27a-102
- Delinquency proceeding: means a:(9)(a) proceeding instituted against an insurer for the purpose of rehabilitating or liquidating the insurer; and(9)(b) summary proceeding under Section 31A-27a-201. See Utah Code 31A-27a-102
- Director: means a member of the board of directors of a corporation. 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- insurer: means a person who:
(23)(a) is doing, has done, purports to do, or is licensed to do the business of insurance;(23)(b) is or has been subject to the authority of, or to rehabilitation, liquidation, reorganization, supervision, or conservation by an insurance commissioner; or(23)(c) is included under Section 31A-27a-104. See Utah Code 31A-27a-102- License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
- Order: means an order of the commissioner. 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- Proceeding: includes an action or special statutory proceeding. See Utah Code 31A-1-301
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- receiver: means the commissioner or the commissioner's designee, including a rehabilitator, liquidator, or ancillary receiver. See Utah Code 31A-27a-102
- Record: when used as a noun, means information or data, in whatever form maintained, including:
(36)(a) a book;(36)(b) a document;(36)(c) a paper;(36)(d) a file;(36)(e) an application file;(36)(f) a policyholder list;(36)(g) policy information;(36)(h) a claim or claim file;(36)(i) an account;(36)(j) a voucher;(36)(k) a litigation file;(36)(l) a premium record;(36)(m) a rate book;(36)(n) an underwriting manual;(36)(o) a personnel record;(36)(p) a financial record; or(36)(q) other material. See Utah Code 31A-27a-102- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(1)(a) “Cooperate” includes to:(1)(a)(i) reply promptly in writing to an inquiry from the commissioner or receiver requesting a reply; and(1)(a)(ii) promptly make available to the commissioner or receiver any record, account, information, or property:(1)(a)(ii)(A) of or pertaining to the insurer; and(1)(a)(ii)(B) in the person‘s possession, custody, or control.(1)(b) “Person” includes a person who exercises control directly or indirectly over activities of the insurer through:(1)(b)(i) a holding company; or(1)(b)(ii) other affiliate of the insurer.(2) The following shall cooperate with the commissioner or receiver in a proceeding under this chapter or an investigation preliminary to a proceeding under this chapter:(2)(a) a present or former officer, manager, director, trustee, owner, or employee of an insurer;(2)(b) a present or former agent of an insurer; or(2)(c) a person with authority over or in charge of any segment of the insurer’s affairs.(3) A person may not obstruct or interfere with the commissioner or receiver in the conduct of:(3)(a) a delinquency proceeding; or(3)(b) an investigation preliminary or incidental to a delinquency proceeding.(4) This section may not be construed to abridge otherwise existing legal rights, including the right to resist:(4)(a) a petition for liquidation or other delinquency proceeding; or(4)(b) other orders.(5)(5)(a) A person described in Subsection (5)(b) is:(5)(a)(i) guilty of a class B misdemeanor, except that the fine may exceed $1,000 but may not exceed $10,000; or(5)(a)(ii) after a hearing, subject to:(5)(a)(ii)(A) the commissioner imposing a civil penalty that may not exceed $10,000;(5)(a)(ii)(B) the revocation or suspension of an insurance license issued by the commissioner; or(5)(a)(ii)(C) a combination of Subsections (5)(a)(ii)(A) and (B).(5)(b) This Subsection (5) applies to:(5)(b)(i) a person described in Subsection (2) who fails to cooperate with the commissioner or receiver;(5)(b)(ii) a person who obstructs or interferes with the commissioner or receiver in the conduct of a delinquency proceeding or an investigation preliminary or incidental to a delinquency proceeding; or(5)(b)(iii) a person who violates an order validly issued under this chapter.