(1) The following shall be classified as protected records under Title 63G, Chapter 2, Government Records Access and Management Act:

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Terms Used In Utah Code 31A-36-115

  • Business of life settlements: includes the following:
         (2)(a) offering a life settlement;
         (2)(b) soliciting a life settlement;
         (2)(c) negotiating a life settlement;
         (2)(d) procuring a life settlement;
         (2)(e) effectuating a life settlement;
         (2)(f) purchasing a life settlement;
         (2)(g) investing in a life settlement;
         (2)(h) financing a life settlement;
         (2)(i) monitoring a life settlement;
         (2)(j) tracking a life settlement;
         (2)(k) underwriting a life settlement;
         (2)(l) selling a life settlement;
         (2)(m) transferring a life settlement;
         (2)(n) assigning a life settlement;
         (2)(o) pledging a life settlement;
         (2)(p) hypothecating a life settlement; or
         (2)(q) in any other manner acquiring an interest in an insurance policy by means of a life settlement. See Utah Code 31A-36-102
  • 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.
  • 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
  • Proceeding: includes an action or special statutory proceeding. See Utah Code 31A-1-301
  • 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.
  • 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
     (1)(a) a document or information furnished pursuant to Section 31A-36-114; and
     (1)(b) a document or information obtained by the commissioner in an investigation of a violation of Section 31A-36-113.
(2) Subsection (1) does not prohibit the commissioner from disclosing documents or evidence so furnished or obtained:

     (2)(a) in an administrative or judicial proceeding to enforce laws administered by the commissioner;
     (2)(b) to federal, state, or local law enforcement or regulatory agencies;
     (2)(c) to an organization established to detect and prevent fraudulent life settlement acts;
     (2)(d) to the National Association of Insurance Commissioners; or
     (2)(e) to a person engaged in the business of life settlements that is aggrieved by the violation.
(3) Disclosure of a document or evidence under Subsection (2) does not abrogate or modify the privilege granted in Subsection (1).