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PREPAID DENTAL SERVICES, INC. v. DAY

No. 16826.

615 P.2d 1271 (1980)

PREPAID DENTAL SERVICES, INC., a Utah Corporation, Plaintiff and Appellant, v. Roger C. DAY, Commissioner of Insurance of the State of Utah, Defendant and Respondent.

Supreme Court of Utah.

August 7, 1980.

Attorney(s) appearing for the Case

John Preston Creer and David F. Evans of Senior & Senior, Salt Lake City, for plaintiff and appellant.

William G. Gibbs, Salt Lake City, for defendant and respondent.

WILKINS, Justice:

Plaintiff proposes to market a prepaid dental services plan which, it alleges, is not an insurance plan and not subject to regulation under the Insurance Code. The Utah State Insurance Commissioner (Commissioner), however, determined both that the plan is within the definition of insurance in § 31-1-71 and is a Health Maintenance Organization (HMO), subject to regulation...

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