31A-2-212 - Miscellaneous duties. - Utah Statutes

31A-2-212. Miscellaneous duties.
(1) Upon issuance of any order limiting, suspending, or revoking an insurer's authority todo business in Utah, and on institution of any proceedings against the insurer under Chapter 27a,Insurer Receivership Act, 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 commissionerconsiders necessary to protect the rights of the public.
(2) When required for evidence in any legal proceeding, the commissioner shall furnish acertificate of the authority of any licensee to transact insurance business in Utah on any particulardate. The court or other officer shall receive the certificate of authority in lieu of thecommissioner's testimony.
(3) (a) On the request of any insurer authorized to do a surety business, the commissionershall furnish a copy of the insurer's certificate of authority to any designated public officer in thisstate who requires that certificate of authority before accepting a bond.
(b) The public officer described in Subsection (3)(a) shall file the certificate of authorityfurnished under Subsection (3)(a).
(c) After a certified copy of a certificate of authority has been furnished to a publicofficer, it is not necessary, while the certificate of authority remains effective, to attach a copy ofit to any instrument of suretyship filed with that public officer.
(d) Whenever the commissioner revokes the certificate of authority or starts proceedingsunder Chapter 27a, Insurer Receivership Act, against any insurer authorized to do a suretybusiness, the commissioner shall immediately give notice of that action to each public officerwho was sent a certified copy under this Subsection (3).
(4) (a) The commissioner shall immediately notify every judge and clerk of all courts ofrecord 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 suretybusiness:
(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 thejudges and clerks to notify and require every person that has filed with the court a bond on whichthe authorized insurer doing surety business is surety, to immediately file a new bond with a newsurety.
(5) The commissioner shall require an insurer that issues, sells, renews, or offers healthinsurance coverage in this state to comply with the Health Insurance Portability andAccountability Act, P.L. 104-191, pursuant to 110 Stat. 1968, Sec. 2722.

Amended by Chapter 309, 2007 General Session