Prepaid Dental Services, Inc. v. Day

WILKINS, Justice:

Plaintiff proposes to market a prepaid dental services plan which, it alleges, is not *1272an 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 under § 31-42-1, et seq. The Commissioner also found that plaintiff did not propose to offer sufficient basic health services, required of HMOs under § 31-42-3(6) and denied plaintiff a Certificate of…