| (b) | a third party. See Utah Code 31A-1-301Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.Fiduciary: A trustee, executor, or administrator.Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.Proceeding: includes an action or special statutory proceeding. See Utah Code 31A-1-301State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5 |
| (2) |
No instrument executed by an insurer authorized to do a surety business is ineffective because of the insurer’s failure to attach a copy of its certificate of authority to do business in this state. However, a public official or court-appointed fiduciary may, by prior written request, require that a copy of the insurer’s certificate of authority, certified by the commissioner, be delivered. The insurer’s failure to deliver a certified copy of the surety’s certificate of authority within 10 days of receipt of the request is adequate grounds for refusing to accept the suretyship instrument. Failure to request a copy of the certificate of authority prior to accepting the surety instrument is a waiver of the right to request the certificate. |
