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UT Code § 31A-27a-203 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 27a - Insurer Receivership Act|Part 2 - Proceedings|Section 203 - Return of summons and summary hearing.

31A-27a-203. Return of summons and summary hearing.    (1) The receivership court shall hold a summary hearing at the time and date for the return of summons on a petition to commence a formal delinquency proceeding.     (2) If a person is not served with summons on a petition to commence a formal delinquency proceeding and fails to appear for the summary hearing, the receivership court shall:   (a) continue the summary hearing not more than 10 days;     (b) provide for alternative service of summons upon the person; and     (c) extend any restraining order.       (3) Upon a showing of good faith efforts to effect personal service upon a person who fails to appear for a continued summary hearing, the receivership court shall order notice of the petition to commence a formal delinquency proceeding to be published. The order and notice shall specify:   (a) a return date not less than 10 nor more than 20 days after the day on which notice is published; and     (b) that the restraining order is extended to the continued hearing date.       (4) If a person fails to appear for a summary hearing on a petition to commence a formal delinquency proceeding after service of summons, the receivership court shall enter judgment in favor of the commissioner against that person.     (5)   (a) A person who appears for the summary hearing on a petition to commence a formal delinquency proceeding shall file its answer at the hearing and the receivership court shall:   (i) determine whether to extend any temporary restraining order pending final judgment; and     (ii) set the case for trial on a date not more than 10 days from the day on which the summary hearing is held.       (b) The receivership court may not grant a continuance for filing an answer.      Enacted by Chapter 309, 2007 General Session
UT Code § 31A-27a-204 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 27a - Insurer Receivership Act|Part 2 - Proceedings|Section 204 - Proceedings for expedited trial -- Continuance -- Evidence -- Discovery.

31A-27a-204. Proceedings for expedited trial -- Continuance -- Evidence -- Discovery.    (1)   (a) The receivership court shall proceed to hear the case on the petition to commence a formal delinquency proceeding:   (i) at the time and date set forth for trial;     (ii) without a jury; and     (iii) without unnecessary delay.       (b) To the extent practicable, the receivership court shall give precedence to the matter over all other matters.     (c) To the extent authorized by law, the receivership court may assign the matter to another judge if necessary to comply with the need for expedited proceedings under this chapter.       (2) A continuance for trial shall be granted only in extreme circumstances.     (3) The receivership court shall admit as self authenticated a certified copy of the following when offered by the commissioner:   (a) a financial statement made by the insurer or an affiliate;     (b) an examination report of the insurer or an affiliate made by or on behalf of the commissioner; or     (c) any other document filed with any insurance department by the insurer or an affiliate.       (4) The facts contained in an examination report of the insurer or an affiliate made by or on behalf of the commissioner is presumed to be true as of the date of the hearing if the examination is made as of a date not more than 270 days before the day on which the petition is filed. The presumption:   (a) is rebuttable; and     (b) shifts the burden of production and persuasion to the insurer.       (5) Discovery:   (a) is limited to grounds alleged in the petition; and     (b) shall be concluded on an expedited basis.      Enacted by Chapter 309, 2007 General Session
UT Code § 31A-27a-205 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 27a - Insurer Receivership Act|Part 2 - Proceedings|Section 205 - Decision and appeals.

31A-27a-205. Decision and appeals.    (1) The receivership court shall enter judgment on the petition to commence formal delinquency proceeding within 15 days after the day on which the evidence is concluded.     (2)   (a) An order entered pursuant to Subsection (1) is final when entered.     (b) An appeal shall be:   (i) handled on an expedited basis; and     (ii) taken within five days of the day on which judgment is entered.         (3)   (a) Absent entry of an order staying the order pursuant to Subsection (4), the order has full force and effect and the receiver shall carry out the order's terms and this chapter.     (b) A request for reconsideration, review, or appeal, or posting of a bond, may not dissolve or stay the judgment.       (4)   (a) The following motions shall first be presented to the receivership court:   (i) a motion for a stay of a judgment;     (ii) a motion for approval of a supersedes bond; or     (iii) a motion for other relief pending appeal.       (b) Except for a grant of a petition for rehabilitation which shall remain in effect pending a decision on appeal, during the pendency of an appeal the receivership court may do any of the following in accordance with the Utah Rules of Civil Procedure:   (i) suspend an order entered under Subsection (1);     (ii) modify an order entered under Subsection (1); or     (iii) make any other appropriate order governing the enforceability of an order entered under Subsection (1).       (c) The receivership court or an appellate court to which the matter is presented may condition any relief it grants under this Subsection (4) on the filing of a bond or other appropriate security with the receivership court.       (5) Section 31A-27a-114 applies to all acts taken during the pendency of an appeal regardless of the appeal's ultimate disposition.     (6) The reversal or modification on appeal of an order of rehabilitation or liquidation does not affect the validity of an act of the receiver pursuant to the order unless the order is stayed pending appeal.    Amended by Chapter 297, 2011 General Session
UT Code § 31A-27a-208 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 27a - Insurer Receivership Act|Part 2 - Proceedings|Section 208 - Entry of order.

31A-27a-208. Entry of order.    (1) If the commissioner establishes any of the grounds provided in Section 31A-27a-207, the receivership court shall:   (a) grant the petition; and     (b) issue the order of rehabilitation or liquidation requested in the petition.       (2) Upon the issuance of the order, the commissioner shall forward a copy of the order by first-class mail or electronic communication as permitted by the receivership court to the commissioners and guaranty associations in states in which the insurer did business.    Enacted by Chapter 309, 2007 General Session
UT Code § 31A-27a-209 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 27a - Insurer Receivership Act|Part 2 - Proceedings|Section 209 - Effect of order of rehabilitation or liquidation.

31A-27a-209. Effect of order of rehabilitation or liquidation.    (1) The filing or recording of an order of receivership with the following imparts the same notice as a deed, bill of sale, or other evidence of title filed or recorded would have imparted:   (a) the Third District Court for Salt Lake County;     (b) the recorder of deeds of the county in which the principal business of the insurer is conducted; or     (c) in the case of real estate, with the recorder of deeds of the county where the property is located.       (2) The filing of a petition commencing delinquency proceedings under this chapter or the entry of an order of seizure, rehabilitation, or liquidation does not constitute a breach or an anticipatory breach of any contract or lease of the insurer.     (3)   (a) The receiver may appoint one or more special deputies.     (b) A special deputy:   (i) has the powers and responsibilities of the receiver granted under this section, unless specifically limited by the receiver; and     (ii) serves at the pleasure of the receiver.       (c) The receiver may employ or contract with:   (i) legal counsel;     (ii) one or more actuaries;     (iii) one or more accountants;     (iv) one or more appraisers;     (v) one or more consultants;     (vi) one or more clerks;     (vii) one or more assistants; and     (viii) other personnel as may be considered necessary.       (d) A special deputy or other person with whom the receiver contracts under this Subsection (3):   (i) is considered to be an agent of the commissioner only in the commissioner's capacity as receiver; and     (ii) is not considered an agent of the state.       (e) The provisions of any law governing the procurement of goods and services by the state do not apply to a contract entered into by the commissioner as receiver.     (f) The compensation of a special deputy, employee, or contractor and all expenses of taking possession of the insurer and of conducting the receivership shall be:   (i) determined by the receiver, with the approval of the receivership court in accordance with Section 31A-27a-115; and     (ii) paid out of the property of the insurer.       (g)   (i) If the receiver, in the receiver's sole discretion, considers it necessary to the proper performance of the receiver's duties under this chapter, the receiver may appoint an advisory committee of policyholders, claimants, or other creditors including guaranty associations.     (ii) The committee described in this Subsection (3)(g) serves:   (A) at the pleasure of the receiver; and     (B) without compensation and without reimbursement for expenses.       (iii) The receiver or the receivership court in proceedings conducted under this chapter may not appoint any other committee of any nature.        Enacted by Chapter 309, 2007 General Session
UT Code § 31A-27a-301 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 27a - Insurer Receivership Act|Part 3 - Rehabilitation|Section 301 - Rehabilitation orders.

31A-27a-301. Rehabilitation orders.    (1)   (a) An order to rehabilitate the business of an insurer shall:   (i) appoint the commissioner and the commissioner's successors in office as the rehabilitator;     (ii) direct the rehabilitator to:   (A) take possession and title of the assets of the insurer; and     (B) administer the assets of the insurer under the general supervision of the court; and       (iii) require accountings to the receivership court by the rehabilitator.       (b) Accountings shall be at the intervals the receivership court specifies in its order, but no less frequently than semiannually.     (c) Each accounting shall include a report concerning the rehabilitator's opinion as to:   (i) the likelihood that a plan under Section 31A-27a-303 will be prepared by the rehabilitator; and     (ii) the timetable for preparing the plan described in Subsection (1)(c)(i).         (2)   (a) In recognition of the need for a prompt and final resolution for all persons affected by a plan of rehabilitation, any appeal from an order of rehabilitation or an order approving a plan of rehabilitation shall be heard on an expedited basis.     (b) A stay of an order of rehabilitation or an order approving a plan of rehabilitation may not be granted unless the appellant demonstrates that extraordinary circumstances warrant delaying the recovery under the plan of rehabilitation of all other persons, including policyholders.     (c) If a plan of rehabilitation provides an appropriate mechanism for adjustment in the event of an adverse ruling from an appeal, a stay may not be granted.      Enacted by Chapter 309, 2007 General Session
UT Code § 31A-27a-302 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 27a - Insurer Receivership Act|Part 3 - Rehabilitation|Section 302 - Powers and duties of the rehabilitator.

31A-27a-302. Powers and duties of the rehabilitator.    (1)   (a) With court approval, the rehabilitator may take an action the rehabilitator considers necessary or appropriate to reform and revitalize the insurer, including:   (i) canceling:   (A) a policy;     (B) an insurance or reinsurance contract, other than life insurance, health insurance, or an annuity;     (C) a surety bond; or     (D) a surety undertaking; or       (ii) transferring to a solvent assuming insurer:   (A) a policy;     (B) an insurance or reinsurance contract;     (C) a surety bond; or     (D) a surety undertaking.         (b) The rehabilitator has all the powers of the directors, officers, and managers of the insurer, whose authority is suspended, except as redelegated by the rehabilitator.     (c) The rehabilitator has full power to:   (i) direct and manage the insurer;     (ii) hire and discharge employees; and     (iii) deal with the property and business of the insurer.       (d) The rehabilitator is not liable as the result of good faith issuance or renewal of a policy while in rehabilitation.       (2) The rehabilitator may pursue all appropriate legal remedies on behalf of the insurer if it appears to the rehabilitator that there is or has been criminal or tortious conduct, or breach of a contractual or fiduciary obligation detrimental to the insurer by an officer, a manager, an agent, a broker, an employee, an affiliate, or other person.     (3)   (a) The rehabilitator may assert all defenses available to the insurer as against a third person, including statutes of limitations, statutes of frauds, and the defense of usury.     (b) A waiver of a defense by the insurer after a petition pursuant to Section 31A-27a-201 or 31A-27a-207 is filed does not bind the rehabilitator.       (4) The enumeration of the powers and authority of the rehabilitator in this section:   (a) may not be construed as a limitation upon the rehabilitator; and     (b) does not exclude in any manner the right to do other acts:   (i) not specifically enumerated or otherwise provided for; and     (ii) as may be necessary or appropriate for the accomplishment of or in aid of the purpose of rehabilitation.        Enacted by Chapter 309, 2007 General Session
UT Code § 31A-27a-304 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 27a - Insurer Receivership Act|Part 3 - Rehabilitation|Section 304 - Termination of rehabilitation.

31A-27a-304. Termination of rehabilitation.    (1)   (a) The rehabilitator may move for an order of liquidation whenever the rehabilitator believes further attempts to rehabilitate an insurer would:   (i) substantially increase the risk of loss to creditors, policyholders, or the public; or     (ii) be futile.       (b) In accordance with Section 31A-27a-305, the rehabilitator or the rehabilitator's designated representative shall coordinate with an affected guaranty association and any national association of guaranty associations to plan for transition to liquidation.       (2) The rehabilitator shall petition the receivership court for an order of liquidation or seek an order, on good cause shown, for a longer suspension period if:   (a) the payment of a policy obligation is suspended in substantial part for a period of six months at any time after the appointment of the rehabilitator; and     (b) the rehabilitator has not filed an application for approval of a plan under Section 31A-27a-303.       (3)   (a) The receivership court may enter an order terminating rehabilitation of an insurer:   (i) on petition from the rehabilitator, which may be made at any time;     (ii) on petition from the directors of the insurer, which may be made at any time; or     (iii) on the receivership court's own motion.       (b) Subject to Section 31A-27a-801, if the receivership court finds that rehabilitation is accomplished and that grounds for rehabilitation under Section 31A-27a-207 no longer exist, the receivership court shall order that the insurer be restored to:   (i) title and possession of its property; and     (ii) the control of the business.        Enacted by Chapter 309, 2007 General Session
UT Code § 31A-27a-401 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 27a - Insurer Receivership Act|Part 4 - Liquidation|Section 401 - Liquidation orders.

31A-27a-401. Liquidation orders.    (1)   (a) An order to liquidate the business of an insurer shall:   (i) appoint the commissioner and any successor in office as the liquidator; and     (ii) direct the liquidator to:   (A) take possession of the property of the insurer; and     (B) administer the property subject to this chapter.         (b) As of the entry of the final order of liquidation, the liquidator is vested by operation of law with the title to the following, wherever located, of the insurer ordered liquidated:   (i) all property;     (ii) all contracts;     (iii) all rights of action; and     (iv) all records.         (2) Upon issuance of the order of liquidation, the rights and liabilities of the insurer and of its creditors, policyholders, shareholders, members, and all other persons interested in its estate shall become fixed as of the day on which the order of liquidation is entered:   (a) except as provided in Sections 31A-27a-402, 31A-27a-403, and 31A-27a-605; and     (b) unless otherwise fixed by the liquidation court.       (3) An order to liquidate the business of an alien insurer in this state shall be in the same terms and have the same legal effect as an order to liquidate a domestic insurer.     (4)   (a) Whenever applicable, a petition for liquidation should include a request for a judicial declaration or finding of insolvency.     (b) After providing proper notice and hearing, the receivership court may at any time make the declaration of insolvency.       (5) If an order of liquidation is set aside upon appeal, the insurer is not released from delinquency proceedings except in accordance with Section 31A-27a-801.    Enacted by Chapter 309, 2007 General Session
UT Code § 31A-27a-407 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 27a - Insurer Receivership Act|Part 4 - Liquidation|Section 407 - Duties of agents.

31A-27a-407. Duties of agents.    (1)   (a) At the request of the liquidator, an agent receiving notice of the entry of the liquidation order shall provide notice of that order:   (i) on a form prescribed by the liquidator;     (ii) to:   (A) each policyholder of a policy issued through the agent; and     (B) other person named in a policy issued through the agent; and       (iii) within:   (A) 15 days of the day on which the agent receives the notice; or     (B) a longer time as the liquidator may require.         (b) Within 30 days of the mailing required by Subsection (1)(a), the agent shall provide as prescribed by the liquidator:   (i) a certification of mailing; and     (ii) a list of insureds to which notice is provided.         (2)   (a) A person who represents the insurer as an agent and receives notice in the form prescribed in Section 31A-27a-406, shall, within 30 days of the day on which the notice being sent, provide to the liquidator:   (i) the information the agent is required to provide pursuant to Section 31A-27a-110, if any;     (ii) the information in the agent's records related to any policy issued by the insurer through the agent; and     (iii) if the agent is a general agent, the information in the general agent's records related to any policy issued by the insurer through an agent under contract to the general agent, including the name and address of the subagent.       (b) Except where the ownership of the expiration of the policy is transferred to another, a policy is considered issued through an agent if the agent:   (i) has a property interest in the expiration of the policy; or     (ii) has had in the agent's possession a copy of the declarations of the policy at any time during the life of the policy.         (3) If an agent fails to provide information to the liquidator as required in Subsection (2), the commissioner after holding a hearing may:   (a) impose against the agent a penalty of not more than $1,000; and     (b) suspend the agent's license.       (4) Notwithstanding an agent's property interest, if any, in the expiration of a policy, the liquidator has the exclusive power to determine whether, and under what terms, to cancel or transfer the policy.    Enacted by Chapter 309, 2007 General Session
UT Code § 31A-27a-502 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 27a - Insurer Receivership Act|Part 5 - Asset Recovery|Section 502 - Recovery from affiliates.

31A-27a-502. Recovery from affiliates.    (1)   (a) If a receivership order is entered under this chapter, the receiver appointed under the receivership order may recover on behalf of the insurer from an affiliate as defined in Subsection 31A-1-301(5) the value received by the affiliate at any time during the five years preceding the filing date of the delinquency proceedings.     (b) A person disputing that person's status as an affiliate shall prove by clear and convincing evidence the person's nonaffiliate status.     (c) Recovery from an affiliate is subject to the limitations of Subsections (2) and (6).       (2) If the insurer is a stock corporation, a stock dividend distribution to an affiliate is not recoverable if the recipient shows by a preponderance of the evidence that:   (a) when paid, the stock dividend distribution to an affiliate is lawful and reasonable;     (b) the department had notice to and approved the stock dividend; and     (c) the insurer did not know and could not reasonably have known that the stock dividend distribution to the affiliate might adversely affect the solvency of the insurer.       (3) The maximum amount recoverable under this section is the amount needed to pay all claims under the receivership:   (a) in excess of all other available recoverable assets; and     (b) reduced for each recipient affiliate by any amount that the recipient affiliate pays to any receiver under similar laws of other states.       (4)   (a) A person who is an affiliate at the time value is received is liable up to the amount of value received by the affiliate.     (b) If two or more affiliates are liable regarding the same value received, they are jointly and severally liable.       (5) If any affiliate liable under Subsection (4) is insolvent or unable to pay within one year, all affiliates at the time the value is received are jointly and severally liable for any resulting deficiency in the amount that would have been recovered from the nonpaying affiliate.     (6) This section does not enlarge the personal liability of a director under existing law.     (7) An action or proceeding under this section may not be commenced after the earlier of:   (a) six years after the day on which a receiver is appointed; or     (b) the day on which the receivership is terminated.      Amended by Chapter 297, 2011 General Session
UT Code § 31A-27a-503 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 27a - Insurer Receivership Act|Part 5 - Asset Recovery|Section 503 - Unauthorized postpetition transfers.

31A-27a-503. Unauthorized postpetition transfers.    (1) Except as otherwise provided in this section, the receiver may avoid a transfer of an interest of the insurer in property, or an obligation incurred by the insurer, that is:   (a) made or incurred after the day on which a petition for receivership is filed; and     (b) not authorized by the receiver and approved by the receivership court.       (2) Except to the extent that a transfer or obligation voidable under this section is otherwise voidable under this chapter, a transferee or obligee of a transfer or obligation described in Subsection (1) has a lien on or may retain, at the option of the receivership court, an interest transferred or may enforce an obligation incurred, as the case may be:   (a) if the transferee or obligee takes it for value and in good faith; and     (b) to the extent that the transferee or obligee gave value to the insurer in exchange for the transfer or obligation.      Enacted by Chapter 309, 2007 General Session