LegalFix

Section 105 - Immunity.

UT Code § 31A-31-105 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(1) (a) A person, insurer, or authorized agency is immune from civil action, civil penalty, or damages when in good faith that person, insurer, or authorized agency: (i) cooperates with an agency described in Subsection (1)(b); (ii) furnishes evidence to an agency described in Subsection (1)(b); (iii) provides information regarding a suspected fraudulent insurance act to an agency described in Subsection (1)(b); (iv) receives information regarding a suspected fraudulent insurance act from an agency described in Subsection (1)(b); or (v) submits a required report to the department under Section 31A-31-110. (b) An agency referred to in Subsection (1)(a) is one or more of the following: (i) the department or a division of the department; (ii) a federal, state, or government agency established to detect and prevent insurance fraud; (iii) a nonprofit organization established to detect and prevent insurance fraud; or (iv) an agent, employee, or designee of an agency listed in this Subsection (1)(b).

(a) A person, insurer, or authorized agency is immune from civil action, civil penalty, or damages when in good faith that person, insurer, or authorized agency: (i) cooperates with an agency described in Subsection (1)(b); (ii) furnishes evidence to an agency described in Subsection (1)(b); (iii) provides information regarding a suspected fraudulent insurance act to an agency described in Subsection (1)(b); (iv) receives information regarding a suspected fraudulent insurance act from an agency described in Subsection (1)(b); or (v) submits a required report to the department under Section 31A-31-110.

(i) cooperates with an agency described in Subsection (1)(b);

(ii) furnishes evidence to an agency described in Subsection (1)(b);

(iii) provides information regarding a suspected fraudulent insurance act to an agency described in Subsection (1)(b);

(iv) receives information regarding a suspected fraudulent insurance act from an agency described in Subsection (1)(b); or

(v) submits a required report to the department under Section 31A-31-110.

(b) An agency referred to in Subsection (1)(a) is one or more of the following: (i) the department or a division of the department; (ii) a federal, state, or government agency established to detect and prevent insurance fraud; (iii) a nonprofit organization established to detect and prevent insurance fraud; or (iv) an agent, employee, or designee of an agency listed in this Subsection (1)(b).

(i) the department or a division of the department;

(ii) a federal, state, or government agency established to detect and prevent insurance fraud;

(iii) a nonprofit organization established to detect and prevent insurance fraud; or

(iv) an agent, employee, or designee of an agency listed in this Subsection (1)(b).

(2) An insurer, or person employed by an insurer, is immune from civil action, civil penalty, or damages when in good faith the insurer or person employed by an insurer provides or shares information with another insurer or insurer's employee in a good faith effort to discover or prevent a fraudulent insurance act or other criminal conduct.

(3) A person, insurer, or authorized agency is immune from civil action, civil penalty, or damages if that person, insurer, or authorized agency complies in good faith with a court order to provide evidence or testimony requested by an agency described in Subsection (1)(b).

(4) This section does not abrogate or modify a common law or statutory right, privilege, or immunity enjoyed by a person.

(5) Notwithstanding any other provision in this section, a person, insurer, or service provider is not immune from civil action, civil penalty or damages under this section if that person commits the fraudulent insurance act that is the subject of the information.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
Section 105 - Immunity.