Title 20, Insurance

A. The director shall review applications for completeness and issue a report of deficiencies to the applicant within sixty days of receipt of the application. The director shall issue a permit to the provider within thirty days of the receipt of a completed application and exhib…

A. As a condition for the issuance of a permit pursuant to section 20-1803, the director shall require that the provider establish an escrow account with a licensed agent which provides that all of any entrance fee received by the provider before the date the resident is allowed …

A. The director shall, as a condition to granting a permit to an applicant, record with the county recorder of any county a notice of lien against the facility's properties on behalf of all residents and contract holders who enter into life care contracts with the applicant to se…

The director shall, as a condition of the issuance of a permit pursuant to section 20-1803, require that the provider maintain on a current basis, in escrow with a bank, trust company or other escrow agent approved by the director, an amount which equals the aggregate principal a…

A. Each year not later than ninety days after the last day of the provider's fiscal year, each provider shall file with the department an annual report accompanied by the fee prescribed in section 20-167. The annual report shall include the information required by section 20-1802…

A. The provider shall possess assets in the first year of operation equal to at least seventy-five percent of the unamortized endowment fees plus all other liabilities including long-term debt. The unamortized endowment fees shall be based on life expectancy of purchasers. Therea…

The director may conduct an examination of the affairs of any provider as often as he deems it necessary for the protection of the interests of the people of this state and for this purpose shall have the powers set forth in this title with respect to examinations of insurers.

The director may promulgate reasonable rules and regulations for effectuating any provision of this chapter.

After January 1, 1978, any person acting in the capacity of a provider who enters into a life care contract, or extends the term of an existing life care contract, without first having been issued a permit by the department or without otherwise acting in compliance with the provi…

A. At the time of or before the execution of a life care contract and the transfer of any money or other property to a provider pursuant thereto, the provider shall deliver to the person with whom the life care contract is entered into: 1. A disclosure statement that contains a c…

In this chapter, unless the context otherwise requires: 1. "Authorized agency" means: (a) The office of the state fire marshal when authorized or charged with the investigation of a fire. (b) The director of the department of public safety. (c) A county attorney. (d) A county she…

A. An authorized agency may, in writing, require an insurer to release to such other authorized agency any relevant information which the insurer has in its possession relating to a loss which such authorized agency is investigating including: 1. Application for an insurance poli…

Any insurer, its employees or agents or an authorized agency that releases information in good faith pursuant to this chapter is immune from civil liability or criminal penalty based upon the release of the information.

An authorized agency who receives information pursuant to this chapter shall hold the information in confidence until such time as its release is required pursuant to this chapter or pursuant to a criminal or civil proceeding.

An authorized agency or personnel of such agency may be required to testify in any litigation in which an insurer is named as a party.

A person, insurer or authorized agency that knowingly fails to provide information pursuant to section 20-1902, subsection A or who knowingly fails to hold information in confidence pursuant to section 20-1904 is guilty of a class 2 misdemeanor.

The provisions of this chapter shall not be construed to affect or repeal any local ordinance relating to fire prevention or the control of arson.

A. This chapter applies to insurance institutions, insurance producers or insurance support organizations that: 1. In the case of life, health or disability insurance either: (a) Collect, receive or maintain information in connection with insurance transactions that pertain to na…

In this chapter, unless the context otherwise requires: 1. "Adverse underwriting decision" means any of the following actions involving insurance coverage which is individually underwritten: (a) A declination of insurance coverage. (b) A termination of insurance coverage. (c) Fai…

An insurance institution, insurance producer or insurance support organization shall not use or authorize the use of pretext interviews to obtain information in connection with an insurance transaction, except that a pretext interview may be undertaken to obtain information from …

A. An insurance institution or insurance producer shall provide a notice of information practices to applicants and policyholders in connection with insurance transactions as prescribed in this section. B. The insurance institution or insurance producer shall provide the notice a…

An insurance institution or insurance producer shall clearly specify those questions designed to obtain information solely for marketing or research purposes from an individual in connection with an insurance transaction.

Notwithstanding any other statute no insurance institution, insurance producer or insurance support organization may utilize as its disclosure authorization form in connection with insurance transactions a form or statement which authorizes the disclosure of personal or privilege…

A. No insurance institution, insurance producer or insurance support organization may prepare or request an investigative consumer report about an individual in connection with an insurance transaction involving an application for insurance, a policy renewal, a policy reinstateme…

A. If any individual, after proper identification, submits a written request to an insurance institution, insurance producer or insurance support organization for access to recorded personal information about the individual which is reasonably described by the individual and whic…

A. Within thirty business days from the date of receipt of a written request from an individual to correct, amend or delete any recorded personal information about the individual within its possession, an insurance institution, insurance producer or insurance support organization…

A. In the event of an adverse underwriting decision the insurance institution or insurance producer responsible for the decision shall either provide the applicant, policyholder or individual proposed for coverage with the specific reason for the adverse underwriting decision in …

An insurance institution, insurance producer or insurance support organization shall not seek information in connection with an insurance transaction concerning any previous adverse underwriting decision experienced by an individual or any previous insurance coverage obtained by …

An insurance institution or insurance producer shall not base an adverse underwriting decision in whole or in part: 1. On the fact of a previous adverse underwriting decision or the fact that an individual previously obtained insurance coverage through a residual market mechanism…

An insurance institution, insurance producer or insurance support organization shall not disclose any personal or privileged information about an individual collected or received in connection with an insurance transaction unless the disclosure is: 1. With the written authorizati…

A. A consumer reporting agency shall not provide or sell data or lists that include any information that in whole or in part was submitted in conjunction with an insurance inquiry about a consumer's credit information or a request for a credit report or insurance score. Such info…

A. The director may examine and investigate the affairs of every insurance institution or insurance producer doing business in this state to determine whether the insurance institution or insurance producer has been or is engaged in any conduct in violation of this chapter. B. Th…

For the purpose of this chapter, an insurance support organization transacting business outside this state which has an effect on a person residing in this state is deemed to have appointed the director to accept service of process on its behalf, if the director causes a copy of …

If, after a hearing, the director determines that the insurance institution, insurance producer or insurance support organization charged has engaged in conduct or practices in violation of this chapter, the director shall put the director's findings in writing and shall issue an…

A. In any case in which a hearing results in the finding of a knowing violation of this chapter, the director may, in addition to the issuance of a cease and desist order as prescribed in section 20-2116, order payment of a civil penalty of not more than five hundred dollars for …

A. If any insurance institution, insurance producer or insurance support organization fails to comply with the rights granted under sections 20-2108 through 20-2110, any person whose rights are violated may apply to the superior court of this state, or any other court of competen…

No claim for relief in the nature of defamation, invasion of privacy or negligency may arise against any person for disclosing personal or privileged information according to this chapter nor may such a claim for relief arise against any person for furnishing personal or privileg…

Nothing in this article shall limit any common law right of any person.

A. The department may enforce title V, subtitle A of the Gramm Leach Bliley act (15 United States Code sections 6801 through 6809) related to privacy and protection of nonpublic personal information. B. The director may adopt rules pursuant to title 41, chapter 6 to carry out thi…

A. Except as provided in subsection B of this section, if an insurance institution is subject to and in compliance with 45 Code of Federal Regulations part 164, subparts A and E, the insurance institution is deemed to comply with this article. B. An insurance institution is subje…

A. If the director finds after a hearing that in any part of this state any liability insurance coverage is not readily available in the voluntary insurance market and that the public interest requires such availability, the director may authorize the formation of voluntary plans…

A. A joint underwriting association is established in the department of insurance and financial institutions consisting of insurers authorized to write and engaged in writing in this state on a direct basis liability insurance, including the liability portion of multiperil polici…

The association may, on behalf of its members and with the approval of the director, do all of the following, which may be exercised directly or by contractual delegation: 1. Issue or cause to be issued policies of liability insurance on a claims-made basis to applicants, includi…

A. The association shall be governed by a board of eleven directors annually appointed by the director. Six of the directors shall be selected from the members of the association. Three of the directors shall be domestic insurers and three shall be foreign insurers. Five of the d…

Within forty-five days after the effective date of the initial order of the director issued pursuant to section 20-2202, the directors of the association shall submit to the director for his review a proposed plan of operation consistent with the provisions of this chapter. The p…

A. The plan of operation prepared pursuant to section 20-2205 is subject to approval by the director after consultation with the members of the association and other affected individuals and organizations. If the director disapproves all or any part of the proposed plan of operat…