reglab/housing_qa huggingface dataset:
UT Code § 31A-27a-104 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 27a - Insurer Receivership Act|Part 1 - General Provisions|Section 104 - Persons covered.

31A-27a-104. Persons covered.    (1) This chapter applies to:   (a) an insurer who:   (i) is doing, or has done, an insurance business in this state; and     (ii) against whom a claim arising from that business may exist;       (b) a person subject to examination by the commissioner;     (c) an insurer who purports to do an insurance business in this state;     (d) an insurer who has an insured who is resident in this state; and     (e) in addition to Subsections (1)(a) through (d), a person doing business as follows:   (i) under Chapter 6a, Service Contracts;     (ii) under Chapter 7, Nonprofit Health Service Insurance Corporations;     (iii) under Chapter 8a, Health Discount Program Consumer Protection Act;     (iv) under Chapter 9, Insurance Fraternals;     (v) under Chapter 11, Motor Clubs;     (vi) under Chapter 15, Unauthorized Insurers, Surplus Lines, and Risk Retention Groups;     (vii) as a bail bond surety company under Chapter 35, Bail Bond Act;     (viii) under Chapter 37, Captive Insurance Companies Act;     (ix) a title insurance company;     (x) a prepaid health care delivery plan; and     (xi) a person not described in Subsections (1)(e)(i) through (x) that is organized or doing insurance business, or in the process of organizing with the intent to do insurance business in this state.         (2) Notwithstanding Sections 31A-1-301 and 31A-27a-102, this chapter does not apply to a person licensed by the insurance commissioner as one or more of the following in this state unless the person engages in the business of insurance as an insurer:   (a) an insurance agency;     (b) an insurance producer;     (c) a limited line producer;     (d) an insurance consultant;     (e) a managing general agent;     (f) reinsurance intermediary;     (g) an individual title insurance producer or agency title insurance producer;     (h) a third party administrator;     (i) an insurance adjustor;     (j) a life settlement provider; or     (k) a life settlement producer.      Amended by Chapter 319, 2013 General Session
UT Code § 31A-27a-106 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 27a - Insurer Receivership Act|Part 1 - General Provisions|Section 106 - Exemption from fees.

31A-27a-106. Exemption from fees.  The receiver may not be required to pay any of the following fees to a public officer of this state:  (1) filing fees;     (2) recording fees;     (3) transcript fees;     (4) copying fees;     (5) certification fees; or     (6) authentication fees.    Enacted by Chapter 309, 2007 General Session
UT Code § 31A-27a-109 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 27a - Insurer Receivership Act|Part 1 - General Provisions|Section 109 - Statutes of limitations.

31A-27a-109. Statutes of limitations.    (1) If applicable law, an order, or an agreement fixes a period within which the insurer may commence an action, and this period is not expired before the day on which the initial petition in a delinquency proceeding is filed, the receiver may not by reason of the filing of the initial petition in a delinquency proceeding be barred from commencing the action if the receiver commences the action on or before the later of:   (a) the end of the period, including any suspension of the period occurring on or after the day on which the initial petition in a delinquency proceeding is filed; or     (b) six years after the day on which the most recent receivership order is entered.       (2)   (a) Except as provided in Subsection (1), if applicable law, an order, or an agreement fixes a period within which the insurer may do an act described in Subsection (2)(b) and the period described in this Subsection (2)(a) is not expired before the date on which the initial petition in a delinquency proceeding is filed, the receiver may not by reason of the filing of the petition initiating a formal delinquency proceeding be barred from taking the act if the receiver does the act on or before the later of:   (i) the end of the period, including any suspension of the period occurring on or after the day on which the initial petition in a delinquency proceeding is filed; or     (ii) 60 days after the day on which the most recent receivership order is entered.       (b) This Subsection (2) applies to:   (i) filing, curing, or performing:   (A) a pleading;     (B) a demand;     (C) a notice; or     (D) a proof of claim or loss;       (ii) curing a default in a case or proceeding; or     (iii) performing any act similar to one described in Subsection (2)(b)(i) or (ii).         (3) If applicable law, an order, or an agreement fixes a period for commencing or continuing a civil action in a court other than the receivership court on a claim against the insurer, and the period has not expired before the day on which the initial petition in a delinquency proceeding is filed, the period does not expire until the later of:   (a) the end of the period, including any suspension of the period occurring on or after the day on which the initial petition in a delinquency proceeding is filed; or     (b) 30 days after the day on which the stay pursuant to this section with respect to the claim is terminated or expires.      Enacted by Chapter 309, 2007 General Session
UT Code § 31A-27a-110 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 27a - Insurer Receivership Act|Part 1 - General Provisions|Section 110 - Cooperation of officers, owners, and employees.

31A-27a-110. Cooperation of officers, owners, and employees.    (1) As used in this section:   (a) "Cooperate" includes to:   (i) reply promptly in writing to an inquiry from the commissioner or receiver requesting a reply; and     (ii) promptly make available to the commissioner or receiver any record, account, information, or property:   (A) of or pertaining to the insurer; and     (B) in the person's possession, custody, or control.         (b) "Person" includes a person who exercises control directly or indirectly over activities of the insurer through:   (i) a holding company; or     (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:   (a) a present or former officer, manager, director, trustee, owner, or employee of an insurer;     (b) a present or former agent of an insurer; or     (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:   (a) a delinquency proceeding; or     (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:   (a) a petition for liquidation or other delinquency proceeding; or     (b) other orders.       (5)   (a) A person described in Subsection (5)(b) is:   (i) guilty of a class B misdemeanor, except that the fine may exceed $1,000 but may not exceed $10,000; or     (ii) after a hearing, subject to:   (A) the commissioner imposing a civil penalty that may not exceed $10,000;     (B) the revocation or suspension of an insurance license issued by the commissioner; or     (C) a combination of Subsections (5)(a)(ii)(A) and (B).         (b) This Subsection (5) applies to:   (i) a person described in Subsection (2) who fails to cooperate with the commissioner or receiver;     (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     (iii) a person who violates an order validly issued under this chapter.        Enacted by Chapter 309, 2007 General Session
UT Code § 31A-27a-112 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 27a - Insurer Receivership Act|Part 1 - General Provisions|Section 112 - Unrecorded obligations and defenses of affiliates.

31A-27a-112. Unrecorded obligations and defenses of affiliates.    (1) This section applies to a person who in relation to an insurer is:   (a) an affiliate;     (b) a controlled or controlling person; or     (c) a present or former officer, manager, director, trustee, or shareholder.       (2) In a proceeding or claim by the receiver, a person described in Subsection (1) may not assert a defense unless evidence of the defense:   (a) is recorded in the records of the insurer at or about the time the event giving rise to the defense occurs; and     (b) if required by statutory accounting practices and procedures, is timely reported on the insurer's official financial statements filed with the commissioner.       (3) A person described in Subsection (1) may not assert a claim, unless the obligation:   (a) is recorded in the records of the insurer at or about the time the obligation is incurred; and     (b) if required by statutory accounting practices and procedures, is timely reported on the insurer's official financial statements filed with the commissioner.       (4) A claim by the receiver against a person described in Subsection (1) that is made on the basis of an unrecorded or unreported transaction is not barred by this section.    Enacted by Chapter 309, 2007 General Session
UT Code § 31A-27a-113 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 27a - Insurer Receivership Act|Part 1 - General Provisions|Section 113 - Executory contracts.

31A-27a-113. Executory contracts.    (1) Subject to the other provisions of this section, the receiver may assume or reject an executory contract or unexpired lease of the insurer.     (2)   (a) If there is a default in an executory contract or unexpired lease of the insurer, the receiver may not assume the contract or lease unless, at the time of the assumption of the contract or lease, the receiver:   (i) cures or provides adequate assurance that the receiver will promptly cure the default; and     (ii) provides adequate assurance of future performance under the contract or lease.       (b) This Subsection (2) does not apply to a default that is a breach of a provision relating to:   (i) the insolvency or financial condition of the insurer at any time before the closing of the delinquency proceeding;     (ii) the appointment of or taking possession by:   (A) a receiver in a case under this chapter; or     (B) a custodian before the commencement of the delinquency proceeding; or       (iii) the satisfaction of a penalty rate or provision relating to a default arising from a failure of the insurer to perform a nonmonetary obligation under the executory contract or unexpired lease.         (3) A claim arising from a rejection under this section or under a plan of rehabilitation or liquidation of an executory contract or unexpired lease of the insurer that is not assumed shall be determined, and shall be treated and classified as though the claim arose before the day on which a successful petition commencing the delinquency proceeding is filed.    Enacted by Chapter 309, 2007 General Session
UT Code § 31A-27a-115 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 27a - Insurer Receivership Act|Part 1 - General Provisions|Section 115 - Approval and payment of expenses.

31A-27a-115. Approval and payment of expenses.    (1) The receiver may pay an expense under a contract, lease, employment agreement, or other arrangement entered into by the insurer before receivership, as the receiver considers necessary for the purposes of this chapter. The receiver:   (a) is not required to pay an expense described in this Subsection (1) that the receiver determines is not necessary; and     (b) may reject a contract pursuant to Section 31A-27a-113.       (2) Receivership expenses other than those described in Subsection (1) shall be paid as follows:   (a) unless the court orders otherwise in the rehabilitation or liquidation order, the receiver may submit a motion pursuant to Section 31A-27a-107 to the receivership court to approve:   (i) the terms of compensation of each special deputy or contractor; or     (ii) any other expense in excess of an amount established by this chapter;       (b) the receiver may, as the receiver considers appropriate, submit a motion to approve any other compensation, anticipated expense, or incurred expense not described in Subsection (2)(a);     (c) the receiver may pay as incurred:   (i) an expense not requiring receivership court approval; and     (ii) an expense approved in the rehabilitation or liquidation order; and       (d) the approval of an expense by the receivership court may not prejudice the right of the receiver to seek recovery, recoupment, disgorgement, or reimbursement of a fee based on contract or a cause of action recognized in law or in equity.       (3) On an annual or more frequent basis, the receiver shall submit to the receivership court a report summarizing the expenses incurred in the prior period.     (4) Receivership court approval is not required to pay expenses incurred by the receiver in connection with the appeal of an order of the receivership court.     (5) All expenses of receivership shall be paid from the assets of the insurer, except as provided in this Subsection (5).   (a) If the property of the insurer does not contain sufficient cash or liquid assets to defray the expenses incurred, the commissioner may advance funds from the account established under Subsection 31A-27a-705(3).     (b) An amount advanced shall be repaid to the account out of the first available money of the insurer.      Enacted by Chapter 309, 2007 General Session
UT Code § 31A-27a-116 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 27a - Insurer Receivership Act|Part 1 - General Provisions|Section 116 - Financial reporting.

 Effective 5/12/2015  31A-27a-116. Financial reporting.    (1)   (a) The receiver shall comply with all requirements for receivership financial reporting in this section and as may be specified by the commissioner by rule or ordered by the court within:   (i) 180 days after the day on which the receivership court enters an order of receivership; and     (ii) 45 days following each calendar quarter after the period specified in Subsection (1)(a)(i).       (b) The rule described in this Subsection (1) shall:   (i) comply with this section;     (ii) be made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and     (iii) require the receiver to file any financial report with the receivership court in addition to any other person specified in the rule.       (c) A financial report shall include, at a minimum, a statement of:   (i) the assets and liabilities of the insurer;     (ii) the changes in those assets and liabilities; and     (iii) all funds received or disbursed by the receiver during that reporting period.       (d) The receiver may qualify a financial report or provide notes to the financial statement for further explanation.     (e) The receivership court may order the receiver to provide any additional information as the receivership court considers appropriate.       (2) Each affected guaranty association shall file one or more reports with the liquidator:   (a)   (i) within 180 days after the day on which the receivership court enters an order of liquidation; and     (ii)   (A) within 45 days following each calendar quarter after the period described in Subsection (2)(a)(i); or     (B) at an interval:   (I) agreed to between the liquidator and the affected guaranty association; or     (II) required by the receivership court; and           (b) in no event less than annually.       (3) For good cause shown, the receivership court may grant:   (a) relief for an extension or modification of time to comply with Subsection (1) or (2); or     (b) such other relief as may be appropriate.      Amended by Chapter 244, 2015 General Session
UT Code § 31A-27a-117 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 27a - Insurer Receivership Act|Part 1 - General Provisions|Section 117 - Records.

31A-27a-117. Records.    (1)   (a) Upon entry of an order of rehabilitation or liquidation, the receiver is vested with title to all of the records of the insurer:   (i) of whatever nature;     (ii) in whatever medium;     (iii) wherever located; and     (iv) regardless of whether the item is in the custody and control of:   (A) a third party administrator;     (B) a managing general agent;     (C) an attorney; or     (D) other representatives of the insurer.         (b) The receiver may immediately take possession and control of:   (i) all of the records of the insurer; and     (ii) the premises where the records are located.       (c) At the request of the receiver, a third party administrator, managing general agent, attorney, or other representatives of the insurer shall release all records of the insurer to:   (i) the receiver; or     (ii) the receiver's designee.       (d) With the receiver's approval, an affected guaranty association with an obligation under a policy issued by the insurer may take actions necessary to obtain directly from a third party administrator, managing general agent, attorney, or other representative of the insurer all records pertaining to the insurer's business that are appropriate or necessary for the affected guaranty association to fulfill its statutory obligations.       (2) The receiver may certify a record of a delinquent insurer described in Subsection (1) and a record of the receiver's office created and maintained in connection with a delinquent insurer, as follows:   (a) a record of a delinquent insurer may be certified by the receiver in an affidavit stating that the record is a true and correct copy of the record of the insurer that is received from the custody of the insurer, or found among the insurer's effects; or     (b) a record created by or filed with the receiver's office in connection with a delinquent insurer may be certified by the receiver's affidavit stating that the record is a true and correct copy of the record maintained by the receiver's office.       (3)   (a) An original record or copy of a record certified under Subsection (2):   (i) when admitted in evidence is prima facie evidence of the facts disclosed; and     (ii) is admissible in evidence in the same manner as a document described in Utah Rules of Evidence, Rule 902(1).       (b) The receivership court may consider the certification of a record by the receiver pursuant to this section as satisfying the requirements of Utah Rules of Evidence, Rule 803(6).       (4) A record of a delinquent insurer held by the receiver:   (a) is not a record of the department for any purposes; and     (b) not subject to Title 63G, Chapter 2, Government Records Access and Management Act.      Amended by Chapter 382, 2008 General Session
UT Code § 31A-27a-118 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 27a - Insurer Receivership Act|Part 1 - General Provisions|Section 118 - Commissioner's reports.

31A-27a-118. Commissioner's reports.    (1) The commissioner shall include in the commissioner's annual report:   (a) the names of the insurers proceeded against under Sections 31A-27a-207 and 31A-27a-901;     (b) those facts which indicate in reasonable detail the commissioner's formal proceedings under this chapter; and     (c) those facts which generally explain the use and effectiveness of proceedings under Chapter 27, Part 5, Administrative Actions, and Section 31A-27a-901.       (2) The commissioner as receiver shall make and file annual reports and any other required reports for an insurer proceeded against under Sections 31A-27a-207 and 31A-27a-901 in the manner, in the form, and within the time required by law of an insurer authorized to do business in this state.    Renumbered and Amended by Chapter 309, 2007 General Session
UT Code § 31A-27a-119 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 27a - Insurer Receivership Act|Part 1 - General Provisions|Section 119 - Delinquency proceeding commenced before April 30, 2007.

31A-27a-119. Delinquency proceeding commenced before April 30, 2007.  This chapter does not apply to a delinquency proceeding ongoing on April 30, 2007.  Enacted by Chapter 309, 2007 General Session
UT Code § 31A-27a-120 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 27a - Insurer Receivership Act|Part 1 - General Provisions|Section 120 - Severability.

31A-27a-120. Severability.  If any provision of this chapter or the application of this chapter to any person or circumstance is for any reason held invalid, the remainder of the chapter and the application of the provision to other persons or circumstances shall be given effect without the invalid provision or application. The provisions of this chapter are severable.  Enacted by Chapter 309, 2007 General Session
UT Code § 31A-27a-202 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 27a - Insurer Receivership Act|Part 2 - Proceedings|Section 202 - Commencement of formal delinquency proceeding.

31A-27a-202. Commencement of formal delinquency proceeding.    (1) A formal delinquency proceeding against a person shall be commenced by filing a petition in the name of the commissioner or department.     (2)   (a) The petition required by Subsection (1):   (i) shall state:   (A) the grounds upon which the proceeding is based; and     (B) the relief requested; and       (ii) may include a request for restraining orders and injunctive relief as described in Section 31A-27a-108.       (b) Upon the filing of a petition, the commissioner shall forward a notice of the petition 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.       (3)   (a) A petition that requests injunctive relief:   (i) shall be verified by the commissioner or the commissioner's designee; and     (ii) is not required to plead or prove irreparable harm or inadequate remedy at law.       (b) The commissioner shall provide only the notice the receivership court requires.       (4) If a temporary restraining order is requested:   (a) the receivership court may issue an initial order containing the relief requested;     (b) the order shall state the time and date of its issuance;     (c) the receivership court shall set a time and date for the return of summons:   (i) not more than 10 days from the time and date the initial order is issued; and     (ii) at which time the person proceeded against may appear before the receivership court for a summary hearing; and       (d) the order may not continue in effect beyond the time and date set for the return of summons, unless the receivership court expressly enters one or more orders extending the restraining order.       (5)   (a) If no temporary restraining order is requested, the receivership court shall cause summons to be issued.     (b) The summons shall specify:   (i) a return date not more than 30 days after the day on which the summons is issued; and     (ii) that an answer shall be filed at or before the return date.        Amended by Chapter 297, 2011 General Session