31A-31-104. Disclosure of information.
(1) (a) Subject to Subsection (2), upon written request by an insurer to an authorized
agency, the authorized agency may release to the insurer information or evidence that is relevant
to any suspected insurance fraud.
(b) Upon written request by an authorized agency to an insurer, the insurer or an agent
authorized by the insurer to act on the insurer's behalf shall release to the authorized agency
information or evidence that is relevant to any suspected insurance fraud.
(2) (a) Any information or evidence furnished to an authorized agency under this section
may be classified as a protected record in accordance with Subsection 63G-2-305(9).
(b) Any information or evidence furnished to an insurer under this section is not subject
to discovery in a civil proceeding unless, after reasonable notice to any insurer, agent, or any
authorized agency that has an interest in the information and subsequent hearing, a court
determines that the public interest and any ongoing criminal investigation will not be jeopardized
by the disclosure.
(c) An insurer shall report to the department agency terminations based upon a violation
of this chapter.
Amended by Chapter 382, 2008 General Session
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Last revised: Thursday, May 28, 2009