2006 Utah Code - 31A-27-104 — Injunctions and orders.

     31A-27-104.   Injunctions and orders.
     (1) Any receiver appointed in a proceeding under this chapter may, at any time, apply for and any court of general jurisdiction in this state may grant, under the relevant provisions of the Utah Rules of Civil Procedure, any restraining orders, temporary and permanent injunctions, and other orders as are necessary and proper to prevent:
     (a) the transaction of further business;
     (b) the transfer of property;
     (c) interference with the receiver or with the proceedings, including those against:
     (i) the insurer; and
     (ii) insureds the insurer is obligated to defend;
     (d) waste of the insurer's assets;
     (e) dissipation and transfer of bank accounts;
     (f) the institution or further prosecution of any actions or proceedings, including those against:
     (i) the insurer; and
     (ii) insureds the insurer is obligated to defend;
     (g) the obtaining of preferences, judgments, attachments, garnishments, or liens against the insurer or its assets;
     (h) the levying of execution against the insurer or its assets;
     (i) the making of any sale or deed for nonpayment of taxes or assessments that would lessen the value of the assets of the insurer;
     (j) the withholding from the receiver of books, accounts, documents, or other records relating to the business of the insurer;
     (k) any other threatened or contemplated action that might:
     (i) lessen the value of the insurer's assets; or
     (ii) prejudice the rights of policyholders, creditors or shareholders, or the administration of the proceeding; or
     (l) institution of a proceeding against the receiver as defined in and subject to Section 31A-27-110.
     (2) The receiver may apply to any court outside of this state for the relief described in Subsection (1).

Amended by Chapter 131, 1999 General Session

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