2006 Utah Code - 31A-2-212 — Miscellaneous duties.

     31A-2-212.   Miscellaneous duties.
     (1) Upon issuance of any order limiting, suspending, or revoking an insurer's authority to do business in Utah, and on institution of any proceedings against the insurer under Chapter 27, Insurers Rehabilitation and Liquidation, the commissioner:
     (a) shall notify by mail all agents of the insurer of whom the commissioner has record; and
     (b) may publish notice of the order or proceeding in any manner the commissioner considers necessary to protect the rights of the public.
     (2) When required for evidence in any legal proceeding, the commissioner shall furnish a certificate of the authority of any licensee to transact insurance business in Utah on any particular date. The court or other officer shall receive the certificate of authority in lieu of the commissioner's testimony.
     (3) (a) On the request of any insurer authorized to do a surety business, the commissioner shall furnish a copy of the insurer's certificate of authority to any designated public officer in this state who requires that certificate of authority before accepting a bond.
     (b) The public officer described in Subsection (3)(a) shall file the certificate of authority furnished under Subsection (3)(a).
     (c) After a certified copy of a certificate of authority has been furnished to a public officer, it is not necessary, while the certificate of authority remains effective, to attach a copy of it to any instrument of suretyship filed with that public officer.
     (d) Whenever the commissioner revokes the certificate of authority or starts proceedings under Chapter 27, Insurers Rehabilitation and Liquidation, against any insurer authorized to do a surety business, the commissioner shall immediately give notice of that action to each public officer who was sent a certified copy under this Subsection (3).
     (4) (a) The commissioner shall immediately notify every judge and clerk of all courts of record in the state when:
     (i) an authorized insurer doing a surety business:
     (A) files a petition for receivership; or
     (B) is in receivership; or
     (ii) the commissioner has reason to believe that the authorized insurer doing surety business:
     (A) is in financial difficulty; or
     (B) has unreasonably failed to carry out any of its contracts.
     (b) Upon the receipt of the notice required by this Subsection (4) it is the duty of the judges and clerks to notify and require every person that has filed with the court a bond on which the authorized insurer doing surety business is surety, to immediately file a new bond with a new surety.
     (5) The commissioner shall require an insurer that issues, sells, renews, or offers health insurance coverage in this state to comply with the Health Insurance Portability and Accountability Act, P.L. 104-191, pursuant to 110 Stat. 1968, Sec. 2722.

Amended by Chapter 177, 2006 General Session

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