31A-31-110. Mandatory reporting of fraudulent insurance acts.
(1) A person shall report a fraudulent insurance act to the department if: the person has a good faith belief on the basis of a preponderance of the evidence that a fraudulent insurance act is being, will be, or has been committed by a person other than the person making the report; and the person is: an insurer; or in relation to the business of title insurance, an auditor that is employed by a title insurer. The report required by this Subsectionshall: (1) be in writing; be submitted through: the National Insurance Crime Bureau fraud reporting system; the NAIC's online fraud reporting system; or email using an email address established by the department for the purpose of submitting the report required by this Subsection; (1) provide information in detail relating to: the fraudulent insurance act; and the perpetrator of the fraudulent insurance act; and state whether the person required to report under Subsectionalso reported the fraudulent insurance act in writing to: (1)(a) 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; and if the person reported the fraudulent insurance act as provided in Subsection, state the agency to which the person reported the fraudulent insurance act. (1)(b)(iv)(A) A person required to submit a written report under this Subsectionshall submit the written report to the department by no later than 90 days from the day on which the person required to report the fraudulent insurance act has a good faith belief on the basis of a preponderance of the evidence that the fraudulent insurance act is being, will be, or has been committed. (1)
(2) An action brought under Section,, or, for failure to comply with Subsectionshall be commenced within four years from the date on which a person described in Subsection: 31A-2-201 31A-2-308 31A-31-109 (1) (1) has a good faith belief on the basis of a preponderance of the evidence that a fraudulent insurance act is being, will be, or has been committed; and willfully fails to report the fraudulent insurance act.
(3) The department may by rule made in accordance with, provide a process by which a person described in Subsectionmay comply with the requirements of Subsectionby reporting a fraudulent insurance act to the insurer with whom the person is employed, except that the rule shall provide that if the person reports the fraudulent insurance act to the insurer, the insurer is required to report the fraudulent insurance act to the department. Title 63G, Chapter 3, Utah Administrative Rulemaking Act (1)(a)(ii)(B) (1)
(4) A person described in Subsectionwho in good faith makes a report under this section, in accordance with Section, is immune from civil action, civil penalty, or damages for making that report. (1)(a)(ii) 31A-31-105