Director: means a member of the board of directors of a corporation. See Utah Code 31A-1-301
Employee: means :
(a)
an individual employed by an employer; or
(b)
an individual who meets the requirements of Subsection (53)(b). See Utah Code 31A-1-301
Insurance: includes :
(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;
(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
(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:
(a)
is doing, has done, purports to do, or is licensed to do the business of insurance;
(b)
is or has been subject to the authority of, or to rehabilitation, liquidation, reorganization, supervision, or conservation by an insurance commissioner; or
receiver: means the commissioner or the commissioner's designee, including a rehabilitator, liquidator, or ancillary receiver. See Utah Code 31A-27a-102
Record: when used as a noun, means information or data, in whatever form maintained, including:
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
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.
