31A-37-503.  Classification and use of records.

(1)  The following shall be classified as a protected record under Title 63G, Chapter 2, Government Records Access and Management Act:

Terms Used In Utah Code 31A-37-503

  • Agency: means :
(a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and
(b) an insurance organization licensed or required to be licensed under Section 31A-23a-301, 31A-25-207, or 31A-26-209. See Utah Code 31A-1-301
  • Application: means a document:
    (a) 
    (i) completed by an applicant to provide information about the risk to be insured; and
    (ii) that contains information that is used by the insurer to evaluate risk and decide whether to:
    (A) insure the risk under:
    (I) the coverage as originally offered; or
    (II) a modification of the coverage as originally offered; or
    (B) decline to insure the risk; or
    (b) used by the insurer to gather information from the applicant before issuance of an annuity contract. See Utah Code 31A-1-301
  • Commissioner: means Utah's Insurance Commissioner or the commissioner's designee. See Utah Code 31A-37-102
  • 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
  • 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.
  • Person: includes :
    (a) an individual;
    (b) a partnership;
    (c) a corporation;
    (d) an incorporated or unincorporated association;
    (e) a joint stock company;
    (f) a trust;
    (g) a limited liability company;
    (h) a reciprocal;
    (i) a syndicate; or
    (j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
  • 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
  • Writing: includes :Utah Code 68-3-12.5
  • (a)  examination, analysis, and licensing application reports under this chapter;

    (b)  preliminary examination, analysis, and licensing application reports or results under this chapter;

    (c)  working papers for an examination, analysis, or licensing application review conducted under this chapter;

    (d)  recorded information for an examination, analysis, or licensing application review conducted under this chapter; and

    (e)  documents and copies of documents produced by, obtained by, or disclosed to the commissioner or any other person in the course of an examination, analysis, or licensing application review conducted under this chapter.
  • (2)  This section does not prevent the commissioner from using the information provided under this section in furtherance of the commissioner’s regulatory authority under this title.

    (3)  Notwithstanding other provisions of this section, the commissioner may grant access to the information provided under this section to:

    (a)  public officers having jurisdiction over the regulation of insurance in any other state or country; or

    (b)  law enforcement officers of this state or any other state or agency of the federal government, if the officers receiving the information agree in writing to hold the information in a manner consistent with this section.

    Amended by Chapter 193, 2019 General Session