31A-2-311 - Reciprocal enforcement of foreign decrees.
31A-2-311. Reciprocal enforcement of foreign decrees.
(1) As used in this section:
(a) "Reciprocal state" means a state whose laws contain procedures substantially similarto those specified in this section for the enforcement of decrees or orders issued by courts locatedin other states against an insurer authorized to do business in the reciprocal state, and whichrecognizes Utah as a reciprocal state under its law.
(b) "Foreign decree" means a decree or order of a court located in a reciprocal state,including a United States court located in a reciprocal state against an insurer authorized to dobusiness in Utah.
(2) The commissioner shall determine which states qualify as reciprocal states and shallmaintain a list of them.
(3) The attorney general, upon request of the commissioner, may proceed in the courts ofUtah or any other state to enforce an order or decision issued in Utah in any court proceeding orin any administrative proceeding before the insurance commissioner.
(4) (a) A copy of any foreign court decree authenticated under Utah statutes or court rulesmay be filed in the office of the clerk of the Third District Court for Salt Lake County. Theclerk, upon verifying with the commissioner that the decree or order qualifies as a foreign courtdecree, shall treat it in the same manner and give it the same effect as a decree of a district courtof Utah.
(b) (i) When filing the foreign decree, the filer shall deposit with the clerk of the court anaffidavit setting forth the name and last-known post-office address of the defendant in Utah.
(ii) When the foreign decree and the affidavit are filed, the clerk shall immediately mailnotice of the filing of the foreign decree to the defendant at the address given by the filer and tothe commissioner, and shall note the mailing in the docket. In addition, the attorney general maymail a notice of the filing of the foreign decree to the defendant and to the commissioner. Alternatively, the commissioner may mail a notice of the filing of the foreign decree to thedefendant, and either the attorney general or the commissioner may file proof of this mailing withthe clerk. The clerk's failure to mail notice of the filing does not affect the enforcementproceedings if the attorney general or the commissioner has filed a proof of mailing.
(iii) No execution or other process for enforcement of a foreign decree may issue until 30days after the foreign decree is filed.
(c) (i) If the defendant shows the court that an appeal from the foreign decree is pendingor will be taken, or that a stay of execution has been granted, the court shall stay enforcement ofthe foreign decree until the appeal is concluded, the time for appeal expires, or the stay ofexecution expires or is vacated, upon proof by the defendant that he has furnished the security forthe satisfaction of the decree required by the state in which it was rendered.
(ii) If the defendant shows the court any ground upon which enforcement of a similardecree of any district court of Utah would be stayed, the court shall stay enforcement of theforeign decree for an appropriate period, upon proof by the defendant that he has furnished thesame security for satisfaction of the decree as is required in Utah.
(d) A person filing a foreign decree shall pay to the clerk of the court the same fee for anenforcement proceeding as is required for enforcing a decree of the district court.
Enacted by Chapter 242, 1985 General Session