2011 Utah Code
Title 31A Insurance Code
Chapter 27a Insurer Receivership Act
Section 112 Unrecorded obligations and defenses of affiliates.

31A-27a-112. Unrecorded obligations and defenses of affiliates.
(1) This section applies to a person who in relation to an insurer is:
(a) an affiliate;
(b) a controlled or controlling person; or
(c) a present or former officer, manager, director, trustee, or shareholder.
(2) In a proceeding or claim by the receiver, a person described in Subsection (1) may not assert a defense unless evidence of the defense:
(a) is recorded in the records of the insurer at or about the time the event giving rise to the defense occurs; and
(b) if required by statutory accounting practices and procedures, is timely reported on the insurer's official financial statements filed with the commissioner.
(3) A person described in Subsection (1) may not assert a claim, unless the obligation:
(a) is recorded in the records of the insurer at or about the time the obligation is incurred; and
(b) if required by statutory accounting practices and procedures, is timely reported on the insurer's official financial statements filed with the commissioner.
(4) A claim by the receiver against a person described in Subsection (1) that is made on the basis of an unrecorded or unreported transaction is not barred by this section.