§ 31A-31-102. Definitions.

     As used in this chapter:

(1) "Authorized agency" means:

(a) the attorney general;

(b) the state fire marshal;

(c) any state law enforcement agency;

(d) any criminal investigative department or agency of the United States;

(e) a district attorney;

(f) the prosecuting attorney of any municipality or county;

(g) the department; or

(h) the disciplinary section of an agency licensing a service provider.

(2) "Financial loss" includes:

(a) out-of-pocket expenses;

(b) reasonable attorney fees;

(c) repair and replacement costs; or

(d) claims payments.

(3) "Insurer" means any person or aggregation of persons:

(a) doing insurance business, as defined in Section 31A-1-301; or

(b) subject to the supervision of the commissioner under:

(i) this title; or

(ii) any equivalent insurance supervisory official of another state.

(4) "Knowingly" has the same meaning as in Subsection 76-2-103(2).

(5) "Person" means an individual, firm, company, corporation, association, limited liability company, partnership, organization, society, business trust, service provider, or any other legal entity.

(6)

(a) "Runner" means a person who procures clients at the direction of, or in cooperation with a person who intends to:

(i) perform or obtain a service or benefit under a contract of insurance; or

(ii) assert a claim against an insured.

(b) "Runner" includes:

(i) a capper; or

(ii) a steerer.

(7) "Service provider" means:

(a) an individual licensed to practice law;

(b) an individual licensed or certified by the state under:

(i) this title;

(ii) Title 41, Chapter 3, Motor Vehicle Business Regulation Act;

(iii) Title 58, Occupations and Professions; or

(iv) Title 61, Securities Division - Real Estate Division;

(c) an individual licensed in another jurisdiction in a manner similar to a license described in Subsection (7)(a) or (b);

(d) an individual practicing any nonmedical treatment rendered in accordance with a recognized religious method of healing; or

(e) a hospital, health care facility, or person whose services are compensated directly or indirectly by insurance.

(8) "Statement" includes any:

(a)

(i) notice;

(ii) statement;

(iii) proof of loss;

(iv) bill of lading;

(v) receipt for payment;

(vi) invoice;

(vii) account;

(viii) estimate of property damage;

(ix) bill for services;

(x) diagnosis;

(xi) prescription;

(xii) hospital or doctor record;

(xiii) x-ray;

(xiv) test result; or

(xv) other evidence of loss, injury, or expense; or

(b) item listed in Subsection (8)(a) that is a computer-generated document.

Amended by Chapter 104, 2004 General Session