House of Representatives
State of Utah
Mr. Speaker:
The Business and Labor Committee recommends H.B. 126, REPORTING OF FRAUDULENT
INSURANCE ACTS, by Representative D. Aagard, be replaced and reports a favorable recommendation
on 1st Sub. H.B. 126, REPORTING OF FRAUDULENT INSURANCE ACTS with the following
amendments:
Respectfully,
Stephen D. Clark
Voting: 11-0-2
1. Page
3, Lines 57 through 71
:
57
(1) (a) A person shall report a fraudulent insurance act to the department if:
58
(i) the person has a good faith belief on the basis of a preponderance of the evidence
59
that
an act that
}
a fraudulent insurance act
is being, will be, or has been
committed [related to title insurance shall report
60
the fraudulent act to the commissioner in a writing that provides]
is a fraudulent
insurance act
}
;
61
and
2. Page
3, Lines 62 through 71
House Committee Amendments
2-2-207
:
62
(ii) the person is:
63
(A) an insurer;
64
(B) a producer;
65
(C) a limited line producer;
66
(D) a customer service representative;
67
(E) a consultant;
68
(F) a managing general agent;
69
(G)
}
(A)
an insurance adjuster;
}
(A) an insurer;
or
70
(H)
}
(B)
in relation to the business of title insurance, an auditor that is
employed by a title
71
insurer.
3. Page
4, Lines 98 through 104
:
98
(3) The department
shall
}
may
by rule made in accordance with Title 63,
Chapter 46a, Utah
99
Administrative Rulemaking Act, provide a process by which
an insurer and an
individual
100
described in Subsection (1)(a)(ii) may comply with Subsection (1) by submitting a
single report
101
of an act described in Subsection (1)(a).
}
102
(4) A person described in Subsection (1)(a)(ii) who in good faith makes a report
under
103
this section is immune from civil action, civil penalty, or damages for making that report
in
104
accordance with Section
31A-31-105
.
Committee Chair
7 HB0126.HC1.wpd 2/8/07 10:19 am anicholson/AMN PO/AMN
Bill Number
*HB0126S01*
HB0126S01