(1) In addition to other penalties provided by law, a person who violates this chapter:

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Terms Used In Utah Code 31A-31-109

  • 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, or 31A-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
  • Department: means the Insurance Department. See Utah Code 31A-1-301
  • 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
  • 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
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • 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
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
     (1)(a) is subject to the following civil penalties:

          (1)(a)(i) the person shall make full restitution; and
          (1)(a)(ii) the person shall pay the costs of enforcement of this chapter for the case in which the person is found to have violated this chapter:

               (1)(a)(ii)(A) as determined by the one or more authorized agencies involved; and
               (1)(a)(ii)(B) including costs of:

                    (1)(a)(ii)(B)(I) investigators;
                    (1)(a)(ii)(B)(II) attorneys; and
                    (1)(a)(ii)(B)(III) other public employees; and
     (1)(b) in the discretion of the court, may be required to pay to the state a civil penalty not to exceed three times that amount of value improperly sought or received from the fraudulent insurance act.
(2)

     (2)(a) Money paid under Subsection (1)(a)(i) shall be paid to the person damaged by the fraudulent insurance act.
     (2)(b) Money paid under Subsection (1)(a)(ii) shall be paid to each applicable authorized agency in the following order:

          (2)(b)(i) to the Insurance Fraud Investigation Restricted Account created in Section 31A-31-108 for the costs of enforcement incurred by the commissioner;
          (2)(b)(ii) to the General Fund for the costs of enforcement incurred by a state agency other than the commissioner;
          (2)(b)(iii) to the applicable political subdivision for the costs of enforcement incurred by the political subdivision; and
          (2)(b)(iv) to the applicable criminal investigative department or agency of the United States for the costs of enforcement incurred by the department or agency.
     (2)(c) Money paid under Subsection (1)(b) shall be paid into the General Fund.
(3)

     (3)(a) A civil penalty assessed under Subsection (1) shall be awarded by the court as part of its judgment in both criminal and civil actions.
     (3)(b) A criminal action need not be brought against a person in order for that person to be civilly liable under this section.
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