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Insurance Code | |
Insurer Receivership Act | |
Section 112 | Unrecorded obligations and defenses of affiliates. |
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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.
Enacted by Chapter 309, 2007 General Session |
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