Evidence: 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.
Health care: means any of the following intended for use in the diagnosis, treatment, mitigation, or prevention of a human ailment or impairment:
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
Insured: means a person to whom or for whose benefit an insurer makes a promise in an insurance policy and includes:
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
Person: means an individual, firm, company, corporation, association, limited liability company, partnership, organization, society, business trust, service provider, or any other legal entity. See Utah Code 31A-31-102
an individual licensed in another jurisdiction in a manner similar to a license described in Subsection (7)(a) or (b);
(d)
an individual practicing any nonmedical treatment rendered in accordance with a recognized religious method of healing; or
(e)
a hospital, health care facility, or person whose services are compensated directly or indirectly by insurance. See Utah Code 31A-31-102
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
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(a)
the attorney general;
(b)
the state fire marshal;
(c)
any state law enforcement agency;
(d)
any criminal investigative department or agency of the United States;
(e)
a district attorney;
(f)
the prosecuting attorney of any municipality or county;
(g)
the department; or
(h)
the disciplinary section of an agency licensing a service provider.
(2)
“Financial loss” includes:
(a)
out-of-pocket expenses;
(b)
reasonable attorney fees;
(c)
repair and replacement costs; or
(d)
claims payments.
(3)
“Insurer” means any person or aggregation of persons:
(a)
doing insurance business, as defined in Section 31A-1-301; or
(b)
subject to the supervision of the commissioner under:
(i)
this title; or
(ii)
any equivalent insurance supervisory official of another state.
(4)
“Knowingly” has the same meaning as in Subsection 76-2-103(2).
(5)
“Person” means an individual, firm, company, corporation, association, limited liability company, partnership, organization, society, business trust, service provider, or any other legal entity.
(6)
(a)
“Runner” means a person who procures clients at the direction of, or in cooperation with a person who intends to:
(i)
perform or obtain a service or benefit under a contract of insurance; or
(ii)
assert a claim against an insured.
(b)
“Runner” includes:
(i)
a capper; or
(ii)
a steerer.
(7)
“Service provider” means:
(a)
an individual licensed to practice law;
(b)
an individual licensed or certified by the state under: