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
another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
Proceeding: includes an action or special statutory proceeding. See Utah Code 31A-1-301
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
State: means a state, district, or territory of the United States. See Utah Code 31A-27a-102
Summons: Another word for subpoena used by the criminal justice system.
Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
(2)
(a)
The petition required by Subsection (1):
(i)
shall state:
(A)
the grounds upon which the proceeding is based; and
(B)
the relief requested; and
(ii)
may include a request for restraining orders and injunctive relief as described in Section 31A-27a-108.
(b)
Upon the filing of a petition, the commissioner shall forward a notice of the petition by first-class mail or electronic communication, as permitted by the receivership court, to the commissioners and guaranty associations in states in which the insurer did business.
(3)
(a)
A petition that requests injunctive relief:
(i)
shall be verified by the commissioner or the commissioner’s designee; and
(ii)
is not required to plead or prove irreparable harm or inadequate remedy at law.
(b)
The commissioner shall provide only the notice the receivership court requires.
(4)
If a temporary restraining order is requested:
(a)
the receivership court may issue an initial order containing the relief requested;
(b)
the order shall state the time and date of its issuance;
(c)
the receivership court shall set a time and date for the return of summons:
(i)
not more than 10 days from the time and date the initial order is issued; and
(ii)
at which time the person proceeded against may appear before the receivership court for a summary hearing; and
(d)
the order may not continue in effect beyond the time and date set for the return of summons, unless the receivership court expressly enters one or more orders extending the restraining order.
(5)
(a)
If no temporary restraining order is requested, the receivership court shall cause summons to be issued.
(b)
The summons shall specify:
(i)
a return date not more than 30 days after the day on which the summons is issued; and
(ii)
that an answer shall be filed at or before the return date.
