UTAH CODE (Last Updated: January 16, 2015) |
Title 31A. Insurance Code |
Chapter 27a. Insurer Receivership Act |
Part 1. General Provisions |
§ 31A-27a-117. Records.
Latest version.
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(2) The receiver may certify a record of a delinquent insurer described in Subsection (1) and a record of the receiver's office created and maintained in connection with a delinquent insurer, as follows: (a) a record of a delinquent insurer may be certified by the receiver in an affidavit stating that the record is a true and correct copy of the record of the insurer that is received from the custody of the insurer, or found among the insurer's effects; or (b) a record created by or filed with the receiver's office in connection with a delinquent insurer may be certified by the receiver's affidavit stating that the record is a true and correct copy of the record maintained by the receiver's office. (3) (a) An original record or copy of a record certified under Subsection (2): (i) when admitted in evidence is prima facie evidence of the facts disclosed; and (ii) is admissible in evidence in the same manner as a document described in Utah Rules of Evidence, Rule 902(1). (b) The receivership court may consider the certification of a record by the receiver pursuant to this section as satisfying the requirements of Utah Rules of Evidence, Rule 803(6). (4) A record of a delinquent insurer held by the receiver: (a) is not a record of the department for any purposes; and (b) not subject to Title 63G, Chapter 2, Government Records Access and Management Act.
Amended by Chapter 382, 2008 General Session