State Codes and Statutes
Statutes > Utah > Title-31a > Chapter-27a > 31a-27a-11031A-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 areply; 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 activitiesof 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 proceedingunder 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 aninsurer;
(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 theconduct 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 notexceed $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 orreceiver;
(ii) a person who obstructs or interferes with the commissioner or receiver in the conductof a delinquency proceeding or an investigation preliminary or incidental to a delinquencyproceeding; or
(iii) a person who violates an order validly issued under this chapter.
Enacted by Chapter 309, 2007 General Session
