Utah Code 31A-31-105. Immunity
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Terms Used In Utah Code 31A-31-105
- 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- Authorized agency: means :
(1)(a) the attorney general;(1)(b) the state fire marshal;(1)(c) any state law enforcement agency;(1)(d) any criminal investigative department or agency of the United States;(1)(e) a district attorney;(1)(f) the prosecuting attorney of any municipality or county;(1)(g) the department; or(1)(h) the disciplinary section of an agency licensing a service provider. See Utah Code 31A-31-102- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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- Insurer: means any person or aggregation of persons:
(3)(a) doing insurance business, as defined in Section 31A-1-301; or(3)(b) subject to the supervision of the commissioner under:(3)(b)(i) this title; or(3)(b)(ii) any equivalent insurance supervisory official of another state. See Utah Code 31A-31-102- Order: means an order of the commissioner. See Utah Code 31A-1-301
- Person: means an individual, firm, company, corporation, association, limited liability company, partnership, organization, society, business trust, service provider, or any other legal entity. See Utah Code 31A-31-102
- Service provider: means :
(7)(a) an individual licensed to practice law;(7)(b) an individual licensed or certified by the state under:(7)(b)(i) this title;(7)(b)(iii) Title 58, Occupations and Professions; or(7)(c) an individual licensed in another jurisdiction in a manner similar to a license described in Subsection (7)(a) or (b);(7)(d) an individual practicing any nonmedical treatment rendered in accordance with a recognized religious method of healing; or(7)(e) a hospital, health care facility, or person whose services are compensated directly or indirectly by insurance. See Utah Code 31A-31-102- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(1)(a) A person, insurer, or authorized agency is immune from civil action, civil penalty, or damages when in good faith that person, insurer, or authorized agency:(1)(a)(i) cooperates with an agency described in Subsection (1)(b);(1)(a)(ii) furnishes evidence to an agency described in Subsection (1)(b);(1)(a)(iii) provides information regarding a suspected fraudulent insurance act to an agency described in Subsection (1)(b);(1)(a)(iv) receives information regarding a suspected fraudulent insurance act from an agency described in Subsection (1)(b); or(1)(a)(v) submits a required report to the department under Section 31A-31-110.(1)(b) An agency referred to in Subsection (1)(a) is one or more of the following:(1)(b)(i) the department or a division of the department;(1)(b)(ii) a federal, state, or government agency established to detect and prevent insurance fraud;(1)(b)(iii) a nonprofit organization established to detect and prevent insurance fraud; or(1)(b)(iv) an agent, employee, or designee of an agency listed in this Subsection (1)(b).(2) An insurer, or person employed by an insurer, is immune from civil action, civil penalty, or damages when in good faith the insurer or person employed by an insurer provides or shares information with another insurer or insurer’s employee in a good faith effort to discover or prevent a fraudulent insurance act or other criminal conduct.(3) A person, insurer, or authorized agency is immune from civil action, civil penalty, or damages if that person, insurer, or authorized agency complies in good faith with a court order to provide evidence or testimony requested by an agency described in Subsection (1)(b).(4) This section does not abrogate or modify a common law or statutory right, privilege, or immunity enjoyed by a person.(5) Notwithstanding any other provision in this section, a person, insurer, or service provider is not immune from civil action, civil penalty or damages under this section if that person commits the fraudulent insurance act that is the subject of the information. - Authorized agency: means :