Utah Code 31A-27a-206. Confidentiality
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Terms Used In Utah Code 31A-27a-206
- Affected guaranty association: means a guaranty association that is or may become liable for payment of a covered claim. See Utah Code 31A-27a-102
- Agency: means :(6)(a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and(6)(b) an insurance organization licensed or required to be licensed under Section
31A-23a-301 ,31A-25-207 , or31A-26-209 . See Utah Code 31A-1-301- Certificate: means evidence of insurance given to:
(23)(a) an insured under a group insurance policy; or(23)(b) a third party. See Utah Code 31A-1-301- Chambers: A judge's office.
- Commissioner: is a s defined in Section 31A-1-301. See Utah Code 31A-27a-102
- Control: is a s defined in Section 31A-1-301. See Utah Code 31A-27a-102
- Delinquency proceeding: means a:
(9)(a) proceeding instituted against an insurer for the purpose of rehabilitating or liquidating the insurer; and(9)(b) summary proceeding under Section 31A-27a-201. See Utah Code 31A-27a-102- Department: is a s defined in Section 31A-1-301 unless the context requires otherwise. See Utah Code 31A-27a-102
- Filed: means that a filing is:
(69)(a)(i) submitted to the department as required by and in accordance with applicable statute, rule, or filing order;(69)(a)(ii) received by the department within the time period provided in applicable statute, rule, or filing order; and(69)(a)(iii) accompanied by the appropriate fee in accordance with:(69)(a)(iii)(A) Section31A-3-103 ; or(69)(a)(iii)(B) rule. See Utah Code 31A-1-301- Guaranty association: means :
(20)(a) a mechanism mandated by Chapter 28, Guaranty Associations; or(20)(b) a similar mechanism in another state that is created for the payment of claims or continuation of policy obligations of a financially impaired or insolvent insurer. See Utah Code 31A-27a-102- 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- insurer: means a person who:
(23)(a) is doing, has done, purports to do, or is licensed to do the business of insurance;(23)(b) is or has been subject to the authority of, or to rehabilitation, liquidation, reorganization, supervision, or conservation by an insurance commissioner; or(23)(c) is included under Section 31A-27a-104. See Utah Code 31A-27a-102- Order: means an order of the commissioner. See Utah Code 31A-1-301
- Policy: includes all clauses, riders, endorsements, and papers that are a part of a policy. See Utah Code 31A-27a-102
- Proceeding: includes an action or special statutory proceeding. See Utah Code 31A-1-301
- receiver: means the commissioner or the commissioner's designee, including a rehabilitator, liquidator, or ancillary receiver. See Utah Code 31A-27a-102
- receivership: means a rehabilitation, liquidation, or ancillary receivership. See Utah Code 31A-27a-102
- receivership court: refers to the court in which a delinquency proceeding is pending. See Utah Code 31A-27a-102
- Record: when used as a noun, means information or data, in whatever form maintained, including:
(36)(a) a book;(36)(b) a document;(36)(c) a paper;(36)(d) a file;(36)(e) an application file;(36)(f) a policyholder list;(36)(g) policy information;(36)(h) a claim or claim file;(36)(i) an account;(36)(j) a voucher;(36)(k) a litigation file;(36)(l) a premium record;(36)(m) a rate book;(36)(n) an underwriting manual;(36)(o) a personnel record;(36)(p) a financial record; or(36)(q) other material. See Utah Code 31A-27a-102- State: means a state, district, or territory of the United States. See Utah Code 31A-27a-102
(1)(a) Except as provided in Subsection (1)(b), in a delinquency proceeding or a judicial review under Section 31A-27a-201:(1)(a)(i) all records of the insurer, department files, court records and papers, and other documents, so far as they pertain to or are a part of the record of the proceedings, are confidential; and(1)(a)(ii) a clerk of the court shall hold a paper filed with the clerk in a confidential file as permitted by law.(1)(b) The items listed in Subsection (1)(a) are subject to Subsection (1)(a):(1)(b)(i) except to the extent necessary to obtain compliance with an order entered in connection with the proceeding; and(1)(b)(ii) unless and until:(1)(b)(ii)(A) the court, after hearing argument in chambers, orders otherwise;(1)(b)(ii)(B) the insurer requests that the matter be made public; or(1)(b)(ii)(C) the commissioner applies for an order under Section 31A-27a-207.(2)(2)(a) If the recipient agrees to maintain the confidentiality of the document, material, or other information, the commissioner or rehabilitator may share a document, materials, or other information in the possession, custody, or control of the department, pertaining to an insurer that is the subject of a delinquency proceeding under this chapter with:(2)(a)(i) another state, federal, and international regulatory agency;(2)(a)(ii) the National Association of Insurance Commissioners and its affiliates or subsidiaries;(2)(a)(iii) a state, federal, and international law enforcement authority;(2)(a)(iv) an auditor appointed by the receivership court in accordance with Section 31A-27a-805; or(2)(a)(v) a representative of an affected guaranty association.(2)(b) If the domiciliary receiver believes that certain information is sensitive, the receiver may share that information subject to a continuation of the confidentiality obligations beyond the period allowed in Subsection (3).(2)(c) This section does not limit the power of the commissioner to disclose information under other applicable law.(3)(3)(a) A domiciliary receiver shall permit a commissioner or a guaranty association of another state to obtain a listing of policyholders and certificate holders residing in the requestor’s state, including current addresses and summary policy information, if the commissioner or the guaranty association of another state agrees:(3)(a)(i) to maintain the confidentiality of the record; and(3)(a)(ii) that the record will be used only for regulatory or guaranty association purposes.(3)(b) Access to a record under this Subsection (3) may be limited to normal business hours.(3)(c) If the domiciliary receiver believes that certain information described in this Subsection (3) is sensitive and disclosure might cause a diminution in recovery, the receiver may apply for a protective order imposing additional restrictions on access.(4)(4)(a) The confidentiality obligations imposed by this section shall end upon the entry of an order of liquidation against the insurer, unless:(4)(a)(i) otherwise agreed to by the parties; or(4)(a)(ii) pursuant to an order of the receivership court.(4)(b) A continuation of confidentiality as provided in Subsection (2) does not apply to an insurer record necessary for a guaranty association to discharge its statutory responsibilities.(5) A waiver of an applicable privilege or claim of confidentiality does not occur as a result of a disclosure, or any sharing of documents, materials, or other information, made pursuant to this section. - Certificate: means evidence of insurance given to: