Section 404 - Right of action against dealer, salesperson, crusher, body shop, or surety on bond.

UT Code § 41-3-404 (2019) (N/A)
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(1) A person may maintain an action against a dealer, crusher, or body shop on the corporate surety bond if: (a) the person suffers a loss or damage because of: (i) fraud; (ii) fraudulent representation; or (iii) a violation of Section 41-3-210; and (b) the loss or damage results from the action of: (i) a licensed dealer; (ii) a licensed dealer's salesperson acting on behalf of the dealer or within the scope of the salesperson's employment; (iii) a licensed crusher; or (iv) a body shop.

(a) the person suffers a loss or damage because of: (i) fraud; (ii) fraudulent representation; or (iii) a violation of Section 41-3-210; and

(i) fraud;

(ii) fraudulent representation; or

(iii) a violation of Section 41-3-210; and

(b) the loss or damage results from the action of: (i) a licensed dealer; (ii) a licensed dealer's salesperson acting on behalf of the dealer or within the scope of the salesperson's employment; (iii) a licensed crusher; or (iv) a body shop.

(i) a licensed dealer;

(ii) a licensed dealer's salesperson acting on behalf of the dealer or within the scope of the salesperson's employment;

(iii) a licensed crusher; or

(iv) a body shop.

(2) Successive recovery against a surety on a bond is permitted, but the total aggregate liability on the bond to all persons making claims, regardless of the number of claimants or the number of years a bond remains in force, may not exceed the amount of the bond.

(3) A cause of action may not be maintained against any surety under any bond required under this chapter except as provided in Section 41-3-205.