reglab/housing_qa huggingface dataset:
UT Code § 31A-27a-804 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 27a - Insurer Receivership Act|Part 8 - Discharge|Section 804 - Disposition of records during and after termination of liquidation.

31A-27a-804. Disposition of records during and after termination of liquidation.    (1) Whenever it appears to the receiver that records of the insurer in receivership are no longer useful, the receiver may recommend to the receivership court, and the receivership court shall direct what records shall be destroyed.     (2)   (a) If the receiver determines that records should be maintained after the closing of the delinquency proceeding, the receiver may reserve property from the receivership estate for the maintenance of the records.     (b) Any amounts retained under this Subsection (2) are an administrative expense of the estate under Subsection 31A-27a-701(2)(a).     (c) Any records retained pursuant to this Subsection (2) shall be transferred to the custody of the commissioner, and the commissioner may retain or dispose of the records as appropriate, at the commissioner's discretion.     (d) Records of a delinquent insurer that are transferred to the commissioner:   (i) may not be considered a record of the department for any purpose; and     (ii) are not subject to Title 63G, Chapter 2, Government Records Access and Management Act.        Amended by Chapter 382, 2008 General Session
UT Code § 31A-27a-805 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 27a - Insurer Receivership Act|Part 8 - Discharge|Section 805 - External audit of the receiver's books.

31A-27a-805. External audit of the receiver's books.    (1) As used in this section, "books" means:   (a) the business operations of the receiver;     (b) the accounting systems and procedures of the receiver; and     (c) the financial records of the receiver.       (2)   (a) The receivership court may, as it considers desirable, order an audit to be made of the books of the receiver relating to any receivership established under this chapter.     (b) A report of each audit under this Subsection (1) shall be filed with:   (i) the commissioner; and     (ii) the receivership court.         (3) The books of the receivership shall be made available to the auditor at any time without notice.     (4) The expense of each audit shall be considered a cost of administration of the receivership.    Enacted by Chapter 309, 2007 General Session
UT Code § 31A-27a-901 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 27a - Insurer Receivership Act|Part 9 - Interstate Relations|Section 901 - Ancillary conservation of foreign insurers.

31A-27a-901. Ancillary conservation of foreign insurers.    (1) The commissioner may initiate an action against a foreign insurer pursuant to Section 31A-27a-201 on any of the grounds stated in that section or on the basis that:   (a) any of the foreign insurer's property is sequestered, garnished, or seized by official action in its domiciliary state or in any other state;     (b)   (i) the foreign insurer's certificate of authority to do business in this state is revoked or a certificate of authority is never issued; and     (ii) there is a resident of this state with an unpaid claim or in-force policy; or       (c) it is necessary to enforce a stay under Chapter 28, Guaranty Associations.       (2) If a domiciliary receiver is appointed, the commissioner may initiate an action against a foreign insurer under this section only with the consent of the domiciliary receiver.     (3)   (a) An order entered pursuant to this section shall appoint the commissioner as conservator.     (b) The conservator's title to assets shall be limited to the insurer's property and records located in this state.       (4)   (a) Notwithstanding Subsection 31A-27a-201(3), the conservator shall hold and conserve the assets located in this state until:   (i) the commissioner in the insurer's domiciliary state appoints its receiver; or     (ii) an order terminating conservation is entered under Subsection (7).       (b) Once a domiciliary receiver is appointed, the conservator shall turn over to the domiciliary receiver all property subject to an order under this section.       (5) The conservator may liquidate the property of the insurer that may be necessary to cover the costs incurred in the initiation or administration of a proceeding under this section.     (6)   (a) The court in which an action under this section is pending may issue a finding of insolvency or an ancillary liquidation order.     (b) An ancillary liquidation order shall be entered for the limited purposes of:   (i) liquidating assets in this state to pay costs under Subsection (5); or     (ii) activating applicable guaranty associations in this state to pay valid claims that are not being paid by the insurer.         (7) The conservator may at any time petition the receivership court for an order terminating an order entered under this section.    Enacted by Chapter 309, 2007 General Session
UT Code § 31A-28-101 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 28 - Guaranty Associations|Part 1 - Utah Life and Health Insurance Guaranty Association Act|Section 101 - Title.

31A-28-101. Title.  This part is known as the "Utah Life and Health Insurance Guaranty Association Act."  Amended by Chapter 185, 2002 General Session
UT Code § 31A-28-102 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 28 - Guaranty Associations|Part 1 - Utah Life and Health Insurance Guaranty Association Act|Section 102 - Purpose.

 Effective 1/1/2019  31A-28-102. Purpose.    (1) The purpose of this part is to protect, subject to certain limitations, the persons specified in Subsections 31A-28-103(1) through (5) against failure in the performance of contractual obligations, under a life insurance, accident and health insurance, or annuity policy or contract specified in Subsections 31A-28-103(6) and (7), because of the impairment or insolvency of the member insurer that issued the policy or contract.     (2) To provide the protection described in Subsection (1):   (a) the Utah Life and Health Insurance Guaranty Association, which currently exists, is continued to pay benefits and to continue coverages as limited by this part; and     (b) members of the association are subject to assessment to provide funds to carry out the purpose of this part.      Amended by Chapter 391, 2018 General Session
UT Code § 31A-28-104 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 28 - Guaranty Associations|Part 1 - Utah Life and Health Insurance Guaranty Association Act|Section 104 - Construction.

31A-28-104. Construction.  This part shall be construed to effect the purposes under Section 31A-28-102.  Amended by Chapter 161, 2001 General Session
UT Code § 31A-28-106 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 28 - Guaranty Associations|Part 1 - Utah Life and Health Insurance Guaranty Association Act|Section 106 - Continuation of the association -- Association duties -- Allocation of assessments -- Not agency of state.

 Effective 1/1/2019  31A-28-106. Continuation of the association -- Association duties -- Allocation of assessments -- Not agency of state.    (1)   (a) There is continued under this part the nonprofit legal entity known as the Utah Life and Health Insurance Guaranty Association created under former provisions of this title.     (b) All member insurers shall be and remain members of the association as a condition of their authority to transact insurance in this state.     (c) The association shall:   (i) perform its functions under the plan of operation established and approved under Section 31A-28-110; and     (ii) exercise the association's powers through the board of directors.       (d) The association shall allocate assessments among the following classes or subclasses:   (i) the life insurance and annuity class, which includes the following subclasses:   (A) the life insurance subclass;     (B) the annuity subclass:   (I) which includes annuity contracts owned by a governmental retirement plan, or its trustee, established under Section 401, 403(b), or 457, Internal Revenue Code; and     (II) otherwise excludes unallocated annuities; and       (C) the unallocated annuity subclass, which excludes contracts owned by a governmental retirement benefit plan, or its trustee, established under Sections 401, 403(b), or 457, Internal Revenue Code; and       (ii) the accident and health insurance class.         (2)   (a) The association shall:   (i) come under the immediate supervision of the commissioner; and     (ii) be subject to the applicable provisions of the insurance laws of this state.       (b) Meetings or records of the association may be opened to the public upon majority vote of the board of directors.       (3) The association is not an agency of the state.    Amended by Chapter 391, 2018 General Session
UT Code § 31A-28-107 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 28 - Guaranty Associations|Part 1 - Utah Life and Health Insurance Guaranty Association Act|Section 107 - Board of directors.

 Effective 1/1/2019  31A-28-107. Board of directors.    (1)   (a) The board of directors of the association shall consist of:   (i) at least seven but not more than eleven member insurers who:   (A) serve terms as established in the plan of operation; and     (B) are selected by member insurers, subject to the approval of the commissioner; and       (ii) two public representatives appointed by the commissioner.       (b)   (i) The commissioner shall make the appointment of a public representative coincide with the association's annual meeting at which the association's board of directors is elected.     (ii) A public representative may not be:   (A) an officer, director, or employee of an insurer; or     (B) a person engaged in the business of insurance.       (iii) A public representative shall serve a term of three years.       (c) When a vacancy occurs in the membership of the board of directors for any reason:   (i) if the vacancy is of a member insurer, a replacement may be elected for the unexpired term by a majority vote of the remaining board members, subject to the approval of the commissioner; and     (ii) if the vacancy is of a public representative, the commissioner shall appoint a replacement for the unexpired term.       (d) In approving a selection or in appointing a member to the board of directors, the commissioner shall consider, among other things, whether all member insurers are fairly represented.     (e) Notwithstanding Subsections (1)(a) and (b), the commissioner shall, at the time of election, reelection, appointment, or reappointment adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board of directors is selected during any two-year period.       (2)   (a) A member of the board of directors may be reimbursed from the assets of the association for expenses incurred by the member as a member of the board of directors.     (b) A public representative appointed under Subsection (1)(a)(ii) may not receive compensation or benefits for the public representative's service, but in addition to reimbursement under Subsection (2)(a), a public representative may receive per diem and travel expenses established by the board with the approval of the commissioner.     (c) Except as provided in Subsections (2)(a) and (b), a member of the board of directors may not be compensated by the association for the member's services.      Amended by Chapter 391, 2018 General Session
UT Code § 31A-28-111 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 28 - Guaranty Associations|Part 1 - Utah Life and Health Insurance Guaranty Association Act|Section 111 - Duties and powers under this part.

 Effective 1/1/2019  31A-28-111. Duties and powers under this part.  The duties and powers described in this section are in addition to the duties and powers enumerated elsewhere in this part.  (1) The commissioner shall:   (a) upon request of the board of directors, provide the association with a statement of the premiums for each member insurer:   (i) in this state; and     (ii) any other appropriate state; and       (b) if an impairment is declared and the amount of the impairment is determined, serve a demand upon the impaired insurer to make good the impairment within a reasonable time.       (2) Notice to the impaired insurer under Subsection (1)(b) constitutes notice to the shareholders of the impaired insurer if the impaired insurer has shareholders.     (3) The failure of the impaired insurer to promptly comply with the commissioner's demand under Subsection (1)(b) does not excuse the association from the performance of its powers and duties under this part.     (4)   (a) After notice and hearing, the commissioner may suspend or revoke the certificate of authority to transact business in this state of a member insurer not domiciled in this state that fails to:   (i) pay an assessment when due; or     (ii) comply with the plan of operation.       (b)   (i) As an alternative to suspending or revoking a certificate of authority under Subsection (4)(a), the commissioner may levy a forfeiture on any member insurer that fails to pay an assessment when due.     (ii) A forfeiture described in Subsection (4)(b)(i):   (A) may not exceed 5% of the unpaid assessment per month; and     (B) may not be less than $100 per month.           (5)   (a) A final action of the board of directors or the association may be appealed to the commissioner by any member insurer if appeal is taken within 60 days of the date the member insurer received notice of the final action being appealed.     (b) If a member insurer is appealing an assessment, the amount assessed shall be:   (i) paid to the association; and     (ii) made available to meet association obligations during the pendency of an appeal.       (c) If the appeal on the assessment described in Subsection (5)(b) is upheld, the amount paid in error or excess shall be returned to the member insurer.     (d) Any final action or order of the commissioner is subject to judicial review in a court of competent jurisdiction in accordance with the laws of this state that apply to the actions or orders of the commissioner.       (6) The receiver of an impaired insurer shall notify the interested persons of the effect of this part.    Amended by Chapter 391, 2018 General Session
UT Code § 31A-28-113 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 28 - Guaranty Associations|Part 1 - Utah Life and Health Insurance Guaranty Association Act|Section 113 - Credit for assessments paid.

 Effective 1/1/2019  31A-28-113. Credit for assessments paid.    (1)   (a) A member insurer may offset against its premium tax, income tax, or franchise tax liability to this state an assessment described in Subsection 31A-28-109(2)(b) to the extent of 20% of the amount of the assessment for each of the five calendar years following the year in which the assessment was paid.     (b) To the extent that the offsets described in Subsection (1)(a) exceed premium tax liability, the offsets may be carried forward and used to offset premium tax liability in future years.     (c) If a member insurer ceases doing business, all uncredited assessments may be credited against its premium tax liability for the year it ceases doing business.       (2)   (a) A member insurer that is exempt from taxes described in Subsection (1) may recoup the member insurer's assessment by a surcharge on premiums in a sum reasonably calculated to recoup the assessments over a reasonable period of time, as approved by the commissioner.     (b) Amounts recouped shall not be considered premiums for any other purpose, including the computation of gross premium tax, income tax, franchise tax, producer commission, or, to the extent allowed under federal law, medical loss ratio.     (c) If a member insurer collects excess surcharges, the member insurer shall remit the excess amount to the association, and the excess amount shall be applied to reduce future assessments in the appropriate account.       (3)   (a) Money shall be paid by the member insurers to the state in a manner required by the State Tax Commission if the money:   (i) is acquired by refund in accordance with Subsection 31A-28-109(6) from the association by member insurers; and     (ii) has been offset against premium taxes as provided in Subsection (1).       (b) The association shall notify the commissioner that the refunds described in Subsection (3)(a) have been made.      Amended by Chapter 391, 2018 General Session
UT Code § 31A-28-115 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 28 - Guaranty Associations|Part 1 - Utah Life and Health Insurance Guaranty Association Act|Section 115 - Examination of the association -- Annual report.

31A-28-115. Examination of the association -- Annual report.    (1) The association shall be subject to examination and regulation by the commissioner.     (2) The board of directors shall submit to the commissioner each year, not later than 120 days after the association's fiscal year:   (a) a financial report in a form approved by the commissioner; and     (b) a report of its activities during the preceding fiscal year.       (3) At the request of a member insurer, the association shall provide the member insurer with a copy of a report submitted under Subsection (2).    Amended by Chapter 161, 2001 General Session
UT Code § 31A-28-116 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 28 - Guaranty Associations|Part 1 - Utah Life and Health Insurance Guaranty Association Act|Section 116 - Tax exemptions.

31A-28-116. Tax exemptions.  The association is exempt from payment of all fees and all taxes levied by this state or any of its subdivisions, except taxes levied on real property.  Repealed and Re-enacted by Chapter 211, 1991 General Session
UT Code § 31A-28-117 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 28 - Guaranty Associations|Part 1 - Utah Life and Health Insurance Guaranty Association Act|Section 117 - Immunity.

31A-28-117. Immunity.    (1) For any action or omission committed in the performance of their powers and duties under this part, there is no liability on the part of, and no cause of action of any nature shall arise against:   (a) any member insurer;     (b) a member insurer's agents or employees;     (c) the association;     (d) the association's:   (i) agents or employees; or     (ii) members of the board of directors;       (e) representatives of persons described in Subsections (1)(a) through (d);     (f) the commissioner; or     (g) the commissioner's representatives.       (2) The immunity described in Subsection (1) extends to:   (a) the participation in any organization of one or more other state associations of similar purposes;     (b) an organization described in Subsection (2)(a); and     (c) the agents or employees of an organization described in Subsection (2)(a).      Amended by Chapter 161, 2001 General Session
UT Code § 31A-28-118 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 28 - Guaranty Associations|Part 1 - Utah Life and Health Insurance Guaranty Association Act|Section 118 - Stay of proceedings -- Reopening default judgments.

31A-28-118. Stay of proceedings -- Reopening default judgments.    (1) A proceeding in which the insolvent insurer is a party in any court in this state shall be stayed 180 days from the date an order of liquidation, rehabilitation, or conservation is final to permit proper legal action by the association on any matters germane to its powers or duties.     (2) The association may apply to have a judgment under any decision, order, verdict, or finding based on default set aside by the same court that made the judgment. The association shall be permitted to defend against the suit on the merits.    Amended by Chapter 292, 2010 General Session
UT Code § 31A-28-120 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 28 - Guaranty Associations|Part 1 - Utah Life and Health Insurance Guaranty Association Act|Section 120 - Prospective application.

 Effective 1/1/2019  31A-28-120. Prospective application.  Notwithstanding any prior or subsequent law, the provisions of this part that are in effect on the date on which the association first becomes obligated for the policies or contracts of an insolvent or impaired insurer govern the association's rights and obligations to the policy owners, contract owners, certificate holders, and enrollees of the insolvent or impaired insurer. Amended by Chapter 391, 2018 General Session
UT Code § 31A-28-202 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 28 - Guaranty Associations|Part 2 - Property and Casualty Guaranty Association|Section 202 - Scope.

31A-28-202. Scope.  This part applies to protect resident policyowners and insureds under all types of direct insurance, except:  (1) life insurance;     (2) annuity;     (3) health insurance;     (4) disability insurance;     (5) mortgage guaranty insurance;     (6) financial guaranty, or other forms of insurance offering protection against investment risks;     (7) fidelity or surety bonds, or any other bonding obligation;     (8) credit insurance;     (9) vendor's single interest insurance;     (10) collateral protection insurance, or any similar insurance protecting the interests of a creditor in a creditor-debtor transaction;     (11) mechanical breakdown insurance, as defined in Section 31A-6a-101;     (12) insurance of a warranty or service contract as defined in Section 31A-6a-101;     (13) title insurance;     (14) ocean marine insurance;     (15) any transaction between a person and an insurer, or an affiliate of a person or insurer, that involves the transfer of investment or credit risk unaccompanied by transfer of insurance risk; or     (16) any insurance provided by or guaranteed by government.    Amended by Chapter 116, 2001 General SessionAmended by Chapter 363, 2001 General Session
UT Code § 31A-28-204 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 28 - Guaranty Associations|Part 2 - Property and Casualty Guaranty Association|Section 204 - Unlawful statements.

31A-28-204. Unlawful statements.    (1) It is unlawful to make any statement, written or oral, regarding the coverages and protections provided by the association for the purpose of promoting the purchase of any form of insurance.     (2) It is unlawful to indicate or imply that the association is an agency of the state or that the existence of the association is in any way a guarantee by the state or any of its instrumentalities to insure the payment of claims.     (3) The commissioner shall prescribe rules to prevent:   (a) use of the association as an inducement for the sale of insurance;     (b) the dissemination of false or misleading information regarding the association and its limited guarantees; and     (c) the dissemination of information implying that the association is an agency of the state and that the state in any way insures the payment of claims.       (4) Any person who violates Subsection (1) or (2) is guilty of a class A misdemeanor. Any person who violates a rule under Subsection (3) is liable to the state for a civil penalty of not less than $250 or more than $1,000.    Amended by Chapter 241, 1991 General Session