(1)  There is created an expendable special revenue fund known as the “Insurance Fraud Victim Restitution Fund.”

Terms Used In Utah Code 31A-31-108.5

  • 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
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • (2)  The Insurance Fraud Victim Restitution Fund shall consist of money ordered paid under Subsections 31A-31-109(1)(a)(i) and (2)(a).

    (3)  The commissioner shall administer the Insurance Fraud Victim Restitution Fund for the sole benefit of insurance fraud victims.

    Enacted by Chapter 319, 2013 General Session