UTAH CODE (Last Updated: January 16, 2015) |
Title 31A. Insurance Code |
Chapter 31. Insurance Fraud Act |
§ 31A-31-109. Civil penalties.
Latest version.
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(2) (a) Money paid under Subsection (1)(a)(i) shall be paid to the person damaged by the fraudulent insurance act. (b) Money paid under Subsection (1)(a)(ii) shall be paid to each applicable authorized agency in the following order: (i) to the Insurance Fraud Investigation Restricted Account created in Section 31A-31-108 for the costs of enforcement incurred by the commissioner; (ii) to the General Fund for the costs of enforcement incurred by a state agency other than the commissioner; (iii) to the applicable political subdivision for the costs of enforcement incurred by the political subdivision; and (iv) to the applicable criminal investigative department or agency of the United States for the costs of enforcement incurred by the department or agency. (c) Money paid under Subsection (1)(b) shall be paid into the General Fund. (3) (a) A civil penalty assessed under Subsection (1) shall be awarded by the court as part of its judgment in both criminal and civil actions. (b) A criminal action need not be brought against a person in order for that person to be civilly liable under this section.
Amended by Chapter 284, 2011 General Session