(1)  For any action or omission committed in the performance of their powers and duties under this part, there is no liability on the part of, and no cause of action of any nature shall arise against:

Terms Used In Utah Code 31A-28-117

  • Association: means the Utah Life and Health Insurance Guaranty Association continued under Section 31A-28-106. See Utah Code 31A-28-105
  • Board of directors: means the board of directors established under Section 31A-28-107. See Utah Code 31A-28-105
  • Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301
  • Member insurer: includes an insurer whose license or certificate of authority in this state may have been:
(i) suspended;
(ii) revoked;
(iii) not renewed; or
(iv) voluntarily withdrawn. See Utah Code 31A-28-105
  • State: 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
  • (a)  any member insurer;

    (b)  a member insurer‘s agents or employees;

    (c)  the association;

    (d)  the association’s:

    (i)  agents or employees; or

    (ii)  members of the board of directors;

    (e)  representatives of persons described in Subsections (1)(a) through (d);

    (f)  the commissioner; or

    (g)  the commissioner’s representatives.

    (2)  The immunity described in Subsection (1) extends to:

    (a)  the participation in any organization of one or more other state associations of similar purposes;

    (b)  an organization described in Subsection (2)(a); and

    (c)  the agents or employees of an organization described in Subsection (2)(a).

    Amended by Chapter 161, 2001 General Session