The Utah Insurance Department is considering repealing a process for the mandatory reporting of a fraudulent insurance act. Section 31A-31-110 was amended by HB 410, putting the reporting process in statute and making the rule unnecessary.
Under the current rule, the mandatory fraud report must be in writing and provide information in detail relating to the fraudulent insurance act and the perpetrator of the fraudulent insurance act. It must also state whether the person submitting the report of a fraudulent insurance act also reported the fraudulent insurance act in writing to:
- The attorney general;
- A state law enforcement agency;
- A criminal investigative department or agency of the United States;
- A district attorney; or
- The prosecuting attorney of a municipality or county.
The report must also state the agency to which the person reported the fraudulent insurance act.
It lists the persons that must report a fraudulent insurance act to the commissioner, including a person other than the person making a report; an insurer; or an auditor that is employed by a title insurer. An auditor employed by a title insurer must report a fraudulent act to the title insurer and the title insurer must report the fraudulent act in accordance with the rule.
The report must be submitted electronically.