Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
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.
Fraud: Intentional deception resulting in injury to another.
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 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. See Utah Code 31A-31-102
Proceeding: includes an action or special statutory proceeding. See Utah Code 31A-1-301
(a)
Subject to Subsection (2), upon written request by an insurer to an authorized agency, the authorized agency may release to the insurer information or evidence that is relevant to any suspected insurancefraud.
(b)
Upon written request by an authorized agency to an insurer, the insurer or an agent authorized by the insurer to act on the insurer’s behalf shall release to the authorized agency information or evidence that is relevant to any suspected insurance fraud.
(2)
(a)
Any information or evidence furnished to an authorized agency under this section may be classified as a protected record in accordance with Subsection 63G-2-305(10).
(b)
Any information or evidence furnished to an insurer under this section is not subject to discovery in a civil proceeding unless, after reasonable notice to any insurer, agent, or any authorized agency that has an interest in the information and subsequent hearing, a court determines that the public interest and any ongoing criminal investigation will not be jeopardized by the disclosure.
(c)
An insurer shall report to the department agency terminations based upon a violation of this chapter.
