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2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.170 - Enforcement: Undefined practices.

1. If the Commissioner believes that any person engaged in the insurance business is in the conduct of such business engaging in this state in any method of competition or in any act or practice not defined in NRS 686A.010 to 686A.310, inclusive, which is unfair or deceptive and that a proceeding by the Commissioner in respect thereto would be in the public interest, the Commissioner shall, after a hearing of which notice and of the charges against such person are given to the person, make a written report of the findings of fact relative to such charges and serve a copy thereof upon such person and any intervener at the hearing.
2. If such report charges a violation of NRS 686A.010 to 686A.310, inclusive, and if such method of competition, act or practice has not been discontinued, the Commissioner may, through the Attorney General, at any time after 20 days after the service of such report cause an action to be instituted in the district court of the county wherein the person resides or has his or her principal place of business to enjoin and restrain such person from engaging in such method, act or practice. The court shall have jurisdiction of the proceeding and shall have power to make and enter appropriate orders in connection therewith and to issue such writs or orders as are ancillary to its jurisdiction or necessary in its judgment to prevent injury to the public pendente lite; but the State of Nevada shall not be required to give security before the issuance of any such order or injunction under this section. If a stenographic record of the proceedings in the hearing before the Commissioner was made, a certified transcript thereof including all evidence taken and the report and findings shall be received in evidence in such action.
3. If the court finds that:
(a) The method of competition complained of is unfair or deceptive;
(b) The proceedings by the Commissioner with respect thereto are to the interest of the public; and
(c) The findings of the Commissioner are supported by the weight of the evidence,
it shall issue its order enjoining and restraining the continuance of such method of competition, act or practice.
4. Either party may appeal from such final judgment or order or decree of court in a like manner as provided for appeals in civil cases.
5. If the Commissioner’s report made under subsection 1 or order on hearing made under NRS 679B.360 does not charge a violation of NRS 686A.010 to 686A.310, inclusive, then any intervener in the proceedings may appeal therefrom within the time and in the manner provided in this Code for appeals from the Commissioner generally.
6. Upon violation of any injunction issued under this section, the Commissioner, after a hearing thereon, may impose the appropriate penalties provided for in NRS 686A.187.
(Added to NRS by 1971, 1693; A 1975, 1288)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.180 - Service of process upon unauthorized insurers.

1. Service of all process, statements of charges and notices under NRS 686A.010 to 686A.310, inclusive, upon unauthorized insurers shall be made by delivering to and leaving with the Commissioner or some person in apparent charge of the office of the Commissioner two copies thereof, or in the manner provided for by subsection 2 of NRS 685B.050 (service of process).
2. The Commissioner shall forward all such process, statements of charges and notices to the insurer in the manner provided in subsection 3 of NRS 685B.050.
3. No default shall be taken against any such unauthorized insurer until expiration of 30 days after the date of forwarding by the Commissioner under subsection 2, or date of service of process if under subsection 2 of NRS 685B.050.
4. NRS 685B.050 applies to all process, statements of charges and notices under this section.
(Added to NRS by 1971, 1694)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.183 - Cease and desist orders and penalties for prohibited methods, acts or practices; modification and setting aside of Commissioner’s orders.

1. After the hearing provided for in NRS 686A.160, the Commissioner shall issue an order on hearing pursuant to NRS 679B.360. If the Commissioner determines that the person charged has engaged in an unfair method of competition or an unfair or deceptive act or practice in violation of NRS 686A.010 to 686A.310, inclusive, the Commissioner shall order the person to cease and desist from engaging in that method of competition, act or practice, and may order one or both of the following:
(a) If the person knew or reasonably should have known that he or she was in violation of NRS 686A.010 to 686A.310, inclusive, payment of an administrative fine of not more than $5,000 for each act or violation, except that as to licensed agents, brokers, solicitors and adjusters, the administrative fine must not exceed $500 for each act or violation.
(b) Suspension or revocation of the person’s license if the person knew or reasonably should have known that he or she was in violation of NRS 686A.010 to 686A.310, inclusive.
2. Until the expiration of the time allowed for taking an appeal, pursuant to NRS 679B.370, if no petition for review has been filed within that time, or, if a petition for review has been filed within that time, until the official record in the proceeding has been filed with the court, the Commissioner may, at any time, upon such notice and in such manner as the Commissioner deems proper, modify or set aside, in whole or in part, any order issued by him or her under this section.
3. After the expiration of the time allowed for taking an appeal, if no petition for review has been filed, the Commissioner may at any time, after notice and opportunity for hearing, reopen and alter, modify or set aside, in whole or in part, any order issued by him or her under this section whenever in the opinion of the Commissioner conditions of fact or of law have so changed as to require such action or if the public interest so requires.
(Added to NRS by 1975, 1284; A 1977, 432; 1993, 2394; 1997, 783; 2021, 900; 2023, 19, 3283)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.185 - Review and finality of Commissioner’s orders.

1. An order issued by the Commissioner under NRS 686A.183 is subject to review pursuant to the provisions of NRS 679B.370.
2. An order issued by the Commissioner under NRS 686A.183 or 686A.187 shall become final:
(a) Upon the expiration of the time allowed for taking an appeal, if no petition for review has been duly filed within such time, except that the Commissioner may thereafter modify or set aside the order to the extent provided in subsection 3 of NRS 686A.183; or
(b) Upon the final decision of the court if the court directs that the order of the Commissioner be affirmed or the petition for review dismissed.
(Added to NRS by 1975, 1285)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.187 - Penalties for violating cease and desist order.

Any person who violates a cease and desist order of the Commissioner issued under NRS 686A.183, except one issued with respect to NRS 686A.170, is subject, in the discretion of the Commissioner, after notice and hearing and upon order of the Commissioner, to one or both of the following:
1. Payment of an administrative fine of not more than $5,000 for each and every violation.
2. Suspension or revocation of the license.
(Added to NRS by 1975, 1285)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.190 - Interlocking ownership or management; serving as director of competing insurers.

1. Any insurer may retain, invest in or acquire the whole or any part of the capital stock of any other insurer or insurers, or have a common management with any other insurer or insurers, unless such retention, investment, acquisition or common management is inconsistent with any other provision of this Code, or unless by reason thereof the business of such insurers with the public is conducted in a manner which substantially lessens competition generally in the insurance business or tends to create any monopoly therein.
2. Any person otherwise qualified may be a director of two or more insurers which are competitors, unless the effect thereof is to lessen substantially competition between insurers generally or tends materially to create any monopoly.
(Added to NRS by 1971, 1694)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.200 - Plan or transaction involving favored agent or insurer prohibited; exception.

1. Except as otherwise provided in NRS 616B.710, no person shall require, directly or indirectly, or through any trustee, director, officer, agent or employee or affiliate, as a condition, agreement or understanding to selling or furnishing any other person any loan, or extension thereof, credit, sale, goods, property, contract, lease or service, that such other person shall place, continue (other than as to life insurance) or renew any policy of insurance of any kind through any particular agent, broker or insurer. No agent, broker or insurer shall knowingly participate in any such prohibited plan or transaction. No person shall fix a price charged for such thing or service, or discount from or rebate upon price, on the condition, agreement or understanding that any insurance is to be obtained through a particular agent, broker or insurer.
2. Subsection 1 does not prevent:
(a) The exercise by any such person upon a reasonable basis of any right to approve or disapprove of the insurer and representative to underwrite the insurance. Such basis shall relate only to the adequacy and terms of the coverage with respect to the interest of the vendor, lender, lessor or provider of service to be insured thereunder, the financial standards to be met by the insurer, and the ability of the insurer or representative to service the policy.
(b) The exercise by the vendor, lender, lessor or provider of service of the right to furnish or renew the insurance, and to charge the account of the other person with the costs thereof, if such other person fails to deliver such insurance to the lender, vendor, lessor or provider of service, where otherwise called for and in order, at least 15 days prior to expiration of the existing policy.
(Added to NRS by 1971, 1695; A 1999, 3147)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.210 - Service and processing charges prohibited.

No mortgagee, lessor, vendor or other person whose interest is insured under an insurance policy paid for by another shall make, receive or accept any monetary charge or fee paid or payable by such other person, for handling, servicing or processing the insurance policy, or endorsements thereon or cancellation thereof.
(Added to NRS by 1971, 1696)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.220 - Favored agent or surety for bonds or insurance contracts under public building or construction contract prohibited; exceptions; penalty.

1. Except as otherwise provided in NRS 616B.710, no officer or employee of this state, or of any public agency, public authority or public corporation (except a public corporation or public authority created pursuant to agreement or compact with another state), and no person acting or purporting to act on behalf of such officer or employee, or public agency or public authority or public corporation, shall, with respect to any public building or construction contract which is about to be or which has been competitively bid, require the bidder to make application or furnish financial data to, or to obtain or procure any of the surety bonds or contracts of insurance specified in connection with such contracts or by any law from, a particular insurer or agent or broker.
2. Except as otherwise provided in NRS 616B.710, no such officer or employee or any person acting or purporting to act on behalf of such officer or employee shall negotiate, make application for, obtain or procure any of such surety bonds or contracts of insurance (except contracts of insurance for builder’s risk or owner’s protective liability) which can be obtained or procured by the bidder, contractor or subcontractor.
3. This section does not, however, prevent the exercise by such officer or employee on behalf of the State or such public agency, public authority or public corporation of its right to approve the form, sufficiency or manner of execution of the surety bonds or contracts of insurance furnished by the insurer selected by the bidder to underwrite such bonds or contracts of insurance.
4. Any provisions in any invitation for bids or in any of the contract documents in conflict with this section are declared to be contrary to the public policy of this state.
5. A violation of this section is subject to the penalties provided by NRS 679A.180 (general penalty).
(Added to NRS by 1971, 1942; A 1999, 3148)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.230 - Illegal dealing in premiums; excess charges for insurance; regulations related to fees of broker, consultant or financial planner; written contract for consultation.

1. A person shall not willfully collect any sum as a premium or charge for insurance which is not then provided or is not in due course to be provided, subject to acceptance of the risk by the insurer, by an insurance policy issued by an insurer as authorized by this Code.
2. Except as otherwise provided in subsection 3, a person shall not willfully collect as a premium or charge for insurance any sum in excess of the premium or charge applicable to the insurance and as specified in the policy, in accordance with the applicable classifications and rates as filed with and approved by the Commissioner. In cases where classifications, premiums or rates are not required by this Code to be so filed and approved, the premiums and charges must not be in excess of those specified in the policy and as fixed by the insurer. This subsection does not prohibit:
(a) The charging and collection by surplus lines brokers licensed under chapter 685A of NRS of the amount permitted by chapter 685A of NRS and regulations adopted by the Commissioner.
(b) The charging and collection by a life insurer of amounts actually to be expended for the medical examination of any applicant for life insurance or for reinstatement of a life insurance policy.
3. The Commissioner may adopt regulations to allow the charging and collection of a fee by an insurance broker, consultant or financial planner:
(a) In lieu of any other charge or commission for solicitation, negotiation or procurement of a policy of insurance which covers commercial or business risks;
(b) For consultation or any related advice on the insuring of commercial or business risks which does not result in the procurement of a policy of insurance; and
(c) For consultation or related advice on the purchase of individual or group life or health insurance or an individual or group annuity, whether or not it results in the purchase of a policy of insurance or annuity. In such a case, the fee must be set forth in a written contract signed by the client before the consultation begins.
4. An agent or broker who provides consultation or related advice pursuant to this section shall do so pursuant to a written contract specifying the compensation the agent or broker will receive. The compensation may be in addition to or in lieu of a commission and is not a premium as defined in NRS 679A.115.
(Added to NRS by 1971, 1696; A 1981, 1142; 1985, 1549; 1987, 1038; 1995, 1621; 2017, 4004)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.240 - Favoritism to groups prohibited; exceptions.

1. No form or plan of insurance covering any group or combination of persons or risks shall be written or delivered within or outside this state to cover persons or risks in this state at any preferred rate or on any form other than as offered to persons not in such group or combination and to the public generally, unless such form, plan of insurance, and the rates or premiums to be charged therefor have been submitted to and approved by the Commissioner.
2. Any such plan of insurance described in subsection 1 shall not be approved by the Commissioner unless it is made available to all individuals of the group who seek to be insured. No insurer or agent shall deny coverage to any individual of such group who seeks the type of insurance which is being made available to other members of the group.
3. This section does not apply to life insurance, health insurance, annuity contracts or wet marine and transportation insurance.
(Added to NRS by 1971, 1942)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.250 - Use of insurance or annuity as inducement for purchase or rental of property or services without separate charge prohibited; exceptions.

1. No person shall arrange, provide or participate in any plan to offer or effect any kind or kinds of insurance or annuities in this state as an inducement to the purchase or rental by the public of any property or services, without a separate charge to the insured for such insurance.
2. This section does not apply to:
(a) Insurance written in connection with a subscription to newspapers of general circulation;
(b) Insurance issued to credit unions or members thereof in connection with the purchase of shares in such credit union;
(c) Insurance offered as guarantee to the performance of goods and designed to protect the purchasers or users of such goods;
(d) Title insurance;
(e) Life or health insurance written in connection with an indebtedness for the purpose of paying the balance of the indebtedness on death or disability of the individual insured; or
(f) Services provided by motor clubs.
(Added to NRS by 1971, 1696)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.260 - Revocation or suspension of license for violation of laws of other state.

The Commissioner may revoke or suspend the license of any person domiciled or resident in Nevada and licensed to transact insurance in Nevada as insurer, agent, broker or otherwise, upon a hearing and proof that such person, as the result of a hearing before the commissioner, director or superintendent of insurance or insurance department of another state, or in a judicial proceeding in another state, has been found to have violated the insurance laws of that state relating to unfair methods of competition or unfair or deceptive acts or practices in the conduct of the business of insurance, and as a result thereof either has had his or her license revoked or suspended in that state or has been found guilty of failing to comply with any order, decree or judgment issued pursuant to such hearing or judicial proceeding in that state.
(Added to NRS by 1971, 1697)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.270 - Knowledge of insurer of prohibited acts required for violation.

No insurer shall be held guilty of having committed any of the acts prohibited by NRS 686A.010 to 686A.310, inclusive, by reason of the act of any agent, solicitor or employee not an officer, director or department head thereof, unless an officer, director or department head of the insurer has knowingly permitted such act or has had prior knowledge thereof.
(Added to NRS by 1971, 1697)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.280 - Use of name deceptively implying person is insurer prohibited by person who is not insurer.

No person who is not an insurer shall assume or use any name which deceptively implies or suggests that it is an insurer.
(Added to NRS by 1971, 1697)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.281 - Definitions.

As used in NRS 686A.281 to 686A.295, inclusive, unless the context otherwise requires, the words and terms defined in NRS 686A.2815, 686A.282 and 686A.2825 have the meanings ascribed to them in those sections.
(Added to NRS by 1983, 1387; A 1997, 1541; 2001, 1096)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.282 - "Investigative or law enforcement agency" defined.

"Investigative or law enforcement agency" includes:
1. The State Fire Marshal;
2. The chief or other officer of the fire department in whose jurisdiction a fire has occurred;
3. The district attorney of the county where any fraudulent activity has occurred or where a fraudulent claim has been made; and
4. Any other officer of an agency in this state who has the authority to investigate the fraudulent activity or claim.
(Added to NRS by 2001, 1096)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.2825 - "Practitioner" defined.

"Practitioner" means:
1. A physician, dentist, nurse, dispensing optician, optometrist, physical therapist, podiatric physician, psychologist, chiropractic physician, naprapath, doctor of Oriental medicine in any form, director or technician of a medical laboratory, pharmacist, person who holds a license to engage in radiation therapy and radiologic imaging or a limited license to engage in radiologic imaging pursuant to chapter 653 of NRS or other provider of health services who is authorized to engage in his or her occupation by the laws of this state or another state; and
2. An attorney admitted to practice law in this state or any other state.
(Added to NRS by 2001, 1096; A 2019, 2739; 2023, 1710)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.283 - Reporting requirements; duties of Commissioner and Attorney General; prosecution by district attorney.

1. Any person, governmental entity, insurer or authorized representative of an insurer shall report any information concerning insurance fraud to the Commissioner and Attorney General on a form prescribed by the Commissioner and Attorney General.
2. The Commissioner and Attorney General shall each independently:
(a) Review each report of insurance fraud; and
(b) Determine whether an investigation should be made of the facts in the report.
3. During their respective investigations, the Commissioner and Attorney General shall independently determine whether there is probable cause to believe that insurance fraud has occurred.
4. A district attorney of any county where fraudulent activity has occurred or is occurring or where a fraudulent claim that would constitute insurance fraud has been made may, with the permission of the Attorney General or at the request of the Attorney General, institute proceedings in the name of the State of Nevada.
(Added to NRS by 1983, 1387; A 2001, 1097)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.285 - Report by insurer of suspicion that loss to insured was caused by other than accidental or natural occurrence.

1. If an insurer has a reasonable suspicion that a loss to an insured may have been caused by other than an accidental or a natural occurrence, the insurer shall notify the Commissioner and Attorney General in writing of the insurer’s reasons for the suspicion.
2. Any insurer making such a report shall provide the Commissioner and Attorney General with any information the insurer obtained during its investigation of the claim.
3. If the loss referred to in subsection 1 is believed to be caused by fire, the insurer shall also so notify an investigative or law enforcement agency.
(Added to NRS by 1983, 1387; A 2001, 1097)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.287 - Provision by insurer of information concerning fraud upon request by Attorney General, Commissioner or certain agencies.

1. Every insurer shall provide information concerning insurance fraud to the Attorney General, the Commissioner, any investigative or law enforcement agency or any agency of the Federal Government, if the insurer receives a request in writing for that information.
2. The information requested from an insurer may include:
(a) Information about the policy of insurance on the property which was demolished or destroyed, including information from the application for insurance;
(b) Information on previous claims made by the insured;
(c) Records of the premiums paid for the policy of insurance; and
(d) Information concerning the insurer’s investigation of the claim, including statements of any person, information submitted as proof of the loss or any other relevant information on the claim.
(Added to NRS by 1983, 1387; A 2001, 1097)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.289 - Provision to insurer of information concerning fraud upon completion of investigation or prosecution; confidentiality of information.

1. Any insurer giving information to the Attorney General, the Commissioner or any investigative or law enforcement agency concerning an act or omission alleged to be insurance fraud is entitled to receive, upon completion of the investigation or prosecution of the insurance fraud, whichever occurs later, any relevant information concerning the fraudulent activity.
2. The Attorney General, the Commissioner or any investigative or law enforcement agency receiving information from another person, agency or insurer shall:
(a) Keep the information confidential and not release the information except pursuant to subsection 1 and NRS 239.0115;
(b) Provide information concerning its investigation of the insurance fraud to the insurer reporting the fraudulent activity upon the completion of its investigation or a criminal prosecution, whichever occurs later; and
(c) Provide any documents necessary or allow its employees or agents to testify in any action by or against the insurer if the insurer or its insured furnished the information for the investigation or a criminal prosecution.
(Added to NRS by 1983, 1388; A 2001, 1097; 2007, 2157)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.290 - Applications for insurance: False or fraudulent statements or representations prohibited; penalties.

1. A producer of insurance, examining physician, applicant or other person shall not knowingly or willfully make any false or fraudulent statement or representation in or with reference to any application for insurance.
2. A person who violates this section is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.
(Added to NRS by 1971, 1697; A 1977, 153; 1983, 1388; 1995, 1318; 2017, 2340)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.291 - Criminal penalty for insurance fraud.

A person who commits insurance fraud is guilty of a category D felony and shall be punished as provided in NRS 193.130.
(Added to NRS by 1983, 1388; A 1991, 1042; 1995, 1318, 2698; 1997, 1541; 2001, 1098)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.292 - Additional penalties for insurance fraud; payment of expenses of Fraud Control Unit; persons who are victims for purposes of restitution.

1. A court may, in addition to imposing the penalties set forth in NRS 193.130, order a person who is convicted of, or who pleads guilty, guilty but mentally ill or nolo contendere to, insurance fraud to pay:
(a) Court costs; and
(b) The cost of the investigation and prosecution of the insurance fraud for which the person was convicted or to which the person pleaded guilty, guilty but mentally ill or nolo contendere.
2. Any money received by the Attorney General pursuant to paragraph (b) of subsection 1 must be accounted for separately and used to pay the expenses of the Fraud Control Unit for Insurance established pursuant to NRS 228.412, and is hereby authorized for expenditure for that purpose. The money in the account does not revert to the State General Fund at the end of any fiscal year and must be carried forward to the next fiscal year.
3. An insurer or other organization, or any other person, subject to the jurisdiction of the Commissioner pursuant to this title shall be deemed to be a victim for the purposes of restitution in a case that involves insurance fraud or that is related to a claim of insurance fraud.
(Added to NRS by 2001, 1096; A 2007, 1481)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.295 - Commissioner and Attorney General required to notify agency when person licensed by or registered with agency is convicted of insurance fraud.

If a person who is licensed or registered under the laws of the State of Nevada to engage in a business or profession is convicted of, or pleads guilty or guilty but mentally ill to, engaging in an act of insurance fraud, the Commissioner and the Attorney General shall forward to each agency by which the convicted person is licensed or registered a copy of the conviction or plea and all supporting evidence of the act of insurance fraud.
(Added to NRS by 1997; 1540; A 2001, 1099; 2007, 1481; 2013, 1632)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.300 - Delay in payment of claim for damages to motor vehicle after receipt of statement of charges prohibited; settling claim without providing for repair of vehicle permitted; exception.

1. An insurer who issues insurance covering damage to a motor vehicle shall not delay making payment for any claim involving damage to a motor vehicle after receiving a statement of charges, pursuant to the provisions of NRS 487.6893, from any garage or licensed body shop previously authorized by the insured to perform the repairs required by that claim.
2. A delay, within the meaning of this section, is failure to issue a check or draft, payable to the garage or licensed body shop or jointly to the insured and the garage or licensed body shop, within 30 days after the insurer’s receipt of the statement of charges for repairs which have been satisfactorily completed.
3. If the damaged vehicle is subject to a security interest or the legal owner of the damaged vehicle is different from the registered owner, the vehicle must be repaired by a garage or licensed body shop unless:
(a) The insurer has declared the vehicle a total loss; or
(b) The total charge for the repair of the vehicle, as set forth in the statement of charges presented pursuant to NRS 487.6893, is $300 or less.
4. Except as otherwise provided in subsection 3, nothing in this section shall be deemed to prohibit an insurer and insured from settling a claim involving damage to a motor vehicle without providing for the repair of the vehicle.
5. As used in this section, "licensed body shop" means a body shop for which a license has been issued pursuant to chapter 487 of NRS.
(Added to NRS by 1973, 977; A 1987, 1098; 1993, 338; 2007, 3421; 2009, 2538, 2732)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.313 - Required coordination by multiple insurers for certain dental claims; denial of claim prohibited; regulations.

1. The following provisions apply to a claim for payment submitted for services provided by an oral and maxillofacial surgeon which may be covered, in whole or in part, by a stand-alone dental benefit and a policy of health insurance:
(a) If a claimant is covered by a stand-alone dental benefit and a policy of health insurance, the stand-alone dental benefit is the primary policy and the claim must be first submitted to the health insurer that issued the stand-alone dental benefit. The issuer of the secondary policy may not reduce benefits based upon payments under the primary policy, except to avoid overpayment to the oral and maxillofacial surgeon.
(b) Except as otherwise provided in paragraph (a), a health insurer may not deny a claim for which it has liability solely on the basis that another health insurer has liability to pay the claim.
2. The Commissioner may adopt regulations necessary to carry out the provisions of this section.
3. As used in this section:
(a) "Oral and maxillofacial surgeon" means a dentist who has been issued a specialist’s license to practice oral and maxillofacial surgery pursuant to NRS 631.250 and who provides any of the services described in paragraph (c) of subsection 1 of NRS 631.215.
(b) "Stand-alone dental benefit" means any policy which only pays for or reimburses any part of the cost of dental care, as defined in NRS 695D.030, and is offered or issued separately from any policy of health insurance.
(Added to NRS by 2015, 2120)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.315 - Statements required with certain billing and claim forms submitted to insurers; failure to provide statements not defense in prosecution for insurance fraud.

1. If a hospital submits to an insurer the form prescribed by the Director of the Department of Health and Human Services pursuant to NRS 449.485, that form must contain or be accompanied by a statement that reads substantially as follows:
Any person who misrepresents or falsifies essential information requested on this form may, upon conviction, be subject to a fine and imprisonment under state or federal law, or both.
2. If a person who is licensed to practice one of the health professions regulated by title 54 of NRS submits to an insurer the form commonly referred to as the "HCFA-1500" for a patient who is not covered by any governmental program which offers insurance coverage for health care, the form must be accompanied by a statement that reads substantially as follows:
Any person who knowingly files a statement of claim containing any misrepresentation or any false, incomplete or misleading information may be guilty of a criminal act punishable under state or federal law, or both, and may be subject to civil penalties.
3. The failure to provide any of the statements required by this section is not a defense in a prosecution for insurance fraud pursuant to NRS 686A.291.
(Added to NRS by 1991, 1042; A 1991, 1978; 2001, 1099; 2007, 661; 2021, 1646)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.325 - Settlement of third-party liability claims: Written notice of payment to claimant required; effect of failure to serve notice.

1. In any third-party liability claim, an insurer shall not issue a check or draft or otherwise make payment of $5,000 or more in settlement of the claim to a representative of the claimant, including, without limitation, the lawyer for the claimant, unless the insurer, at the time of making the payment or as soon as practicable thereafter, mails written notice of the payment to the claimant at the last known address of the claimant.
2. The failure of an insurer to serve notice as required by subsection 1 or defective service of the notice does not:
(a) Create, and must not be construed to create, a cause of action for any natural person or entity other than the Commissioner.
(b) Establish, and must not be construed to establish, a defense for any party to any cause of action.
3. As used in this section, "third-party liability claim" means a claim brought under a liability insurance policy by a person other than the insured, where the claimant is a natural person.
(Added to NRS by 2005, 1001)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.330 - Definitions.

As used in NRS 686A.330 to 686A.520, inclusive, unless the context otherwise requires:
1. "Agreement" means a contract between a person and an insured or prospective insured under which the person agrees to pay a premium in advance on behalf of the insured or prospective insured in exchange for repayment of the amount advanced with interest or for some other consideration.
2. "Company" means a person engaged in the business of entering into agreements or purchasing agreements. The term does not include a person who finances a premium in connection with the sale of a motor vehicle upon which the person holds a lien.
(Added to NRS by 1985, 1153; A 1993, 2394; 1995, 1622)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.335 - Applicability of chapter 696B of NRS.

1. A company is subject to the provisions of chapter 696B of NRS.
2. For the purposes of chapter 696B of NRS, a company shall be deemed to be an insurer.
(Added to NRS by 1995, 1621)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.340 - Engaging in business of company without license prohibited; exception.

Except as provided in NRS 686A.350, a person shall not engage in the business of a company or hold himself or herself out as a company without first having received a license from the Commissioner to engage in the business of a company.
(Added to NRS by 1985, 1154)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.350 - Exemptions from requirement of licensing.

1. A license to engage in the business of a company is not required of any:
(a) State or federally chartered building association, savings and loan association or savings bank.
(b) State or federally chartered bank.
(c) State or federally chartered credit union.
(d) Thrift company licensed pursuant to chapter 677 of NRS.
(e) Producer of insurance financing his or her own accounts.
(f) Insurer authorized to do business in this state financing its own policies or those of an affiliated company.
(g) Business, in addition to those included in paragraphs (a) to (d), inclusive, which is licensed and regulated by the Division of Financial Institutions of the Department of Business and Industry.
2. The provisions of NRS 686A.330 to 686A.520, inclusive, other than those which concern licensing, apply to persons exempt from licensing pursuant to subsection 1.
(Added to NRS by 1985, 1154; A 1993, 1917; 2017, 2340)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.360 - Application for license: Form; fees; bond; required documents; provision of material changes to Commissioner.

1. An application for a license to engage in the business of a company must be filed with the Commissioner on a form prescribed by the Commissioner and must include:
(a) A nonrefundable fee for application and for investigation of the applicant of $500 and, in addition to any other fee or charge, all applicable fees required pursuant to NRS 680C.110;
(b) A surety bond which complies with NRS 679B.175 and is in an amount determined by the Commissioner;
(c) A current certified financial statement or another financial statement if individually approved by the Commissioner;
(d) An appointment of the Commissioner and the successors in office of the Commissioner as the applicant’s attorney to receive service of process; and
(e) If the applicant is a corporation, a copy of its articles of incorporation.
2. The applicant shall provide the Commissioner with any material change concerning information contained in the application within 10 days after the change occurs.
(Added to NRS by 1985, 1154; A 1991, 1629; 1993, 2395; 2009, 1783; 2021, 2969)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.370 - True name and fictitious name of applicant or licensee; grounds for disapproval of name.

1. An unincorporated licensee or unincorporated applicant for a license who desires the issuance of a license under a fictitious name must file with the Commissioner a certified copy of the entry in the county clerk’s register and of the certificate or any renewal certificate filed pursuant to chapter 602 of NRS. An incorporated licensee and incorporated applicant must file with the Commissioner in writing the corporation’s true name and the fictitious names under which it conducts or intends to conduct business in this state. After licensing, each licensee shall file promptly with the Commissioner written notice of any change in or discontinuance of any fictitious name.
2. The Commissioner may in writing disapprove the use of any true name, other than the bona fide natural name of a natural person, or any fictitious name used or proposed to be used by any applicant or licensee, on any of the following grounds:
(a) The name interferes with or is deceptively similar to a name already filed and in use by another licensee;
(b) Use of the name may mislead the public in any respect; or
(c) The name states or implies that the licensee or applicant is an insurer or is entitled to engage in insurance activities not authorized under the licenses which the licensee holds or for which the applicant has applied.
(Added to NRS by 1985, 1154; A 2001, 814)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.380 - Renewal of license.

1. A company must renew its license on or before March 1 of each year. An application for renewal must be submitted on a form prescribed by the Commissioner and must be accompanied by:
(a) A financial statement for the preceding year; and
(b) A fee of $500, any penalty imposed pursuant to subsection 2 and, in addition to any other fee or charge, all applicable fees required pursuant to NRS 680C.110.
2. The Commissioner may grant an extension allowing a company to file an application for renewal after March 1 if the company shows that for reasons beyond its control it cannot apply before that date. If a company which has not been granted an extension files its application for renewal after March 1, the company shall pay a penalty of $25 for each day the application is late.
(Added to NRS by 1985, 1155; A 1987, 463; 1991, 1629; 2009, 1784)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.385 - Schedule of rates and charges: Required to be filed with Commissioner for approval; filing of changes; inclusion in schedule required for imposition.

1. A company shall, immediately after it has been issued a license, file with the Commissioner a schedule of rates and charges it intends to use in this state. The schedule must include, and separately identify, any commission which is required to be paid to an agent or broker who completes an agreement. Any change in the schedule must be filed with the Commissioner at least 60 days before the rates become effective.
2. A company may not impose a charge included in an agreement unless the charge is included in the schedule filed with the Commissioner.
3. The Commissioner shall not approve any charge listed in the schedule which is unfairly discriminatory in relation to similar risks.
(Added to NRS by 1993, 2393)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.390 - Approval of forms.

1. Before using a form for an agreement or notice required by this chapter, a company must submit the proposed form to the Commissioner for approval. If the Commissioner does not disapprove a form within 60 days after it is submitted, the form shall be deemed approved.
2. The Commissioner shall not approve any form unless it complies with the provisions of NRS 686A.330 to 686A.520, inclusive.
3. An insurer, including any subsidiary of an insurer or corporation under substantially the same management or control as an insurer, shall file all forms for agreements and any related forms. The filing required in this subsection is in addition to the filings required pursuant to chapter 686B of NRS.
(Added to NRS by 1985, 1155; A 1993, 2395)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.400 - Records: Maintenance; form of preservation; open to Commissioner.

1. A company shall maintain records of each transaction for 3 years after making the final entry with respect to the transaction. The records may be preserved in photographic form, on microfilm or microfiche or in a form approved by the Commissioner.
2. The records must be open to the Commissioner at all times. The Commissioner may require a company to furnish to the Commissioner in any form the Commissioner requires any information maintained in the company’s records.
(Added to NRS by 1985, 1155)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.410 - Examination of company by Commissioner.

The Commissioner may conduct an examination of a company at any time in accordance with NRS 679B.250 to 679B.287, inclusive. The expense of the examination must be borne by the company in accordance with NRS 679B.290 as if the company were an insurer.
(Added to NRS by 1985, 1155; A 1995, 1773)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.420 - Contents of agreement.

1. An agreement executed in this state must be dated and signed by the insured. The printed portion of the agreement must be in not less than 8-point type. The agreement must include:
(a) The name and the address and telephone number of the business of the producer of insurance for the insurance contract to which the agreement relates;
(b) The name and the address of the business or residence of the insured;
(c) The name, address and telephone number of the company to which payments must be made;
(d) A brief description of any insurance policy involved; and
(e) Such other information as may be required by the Commissioner.
2. An agreement must have at its top in type which is more prominent than the text of the agreement, the words "Agreement For Financing Premium" or words of similar meaning. An agreement must contain a notice in type which is more prominent than the text of the agreement which reads as follows:
Notice:
1. Do not sign this agreement before you have read it or if it contains any blank spaces.
2. You are entitled to a copy of this agreement which is complete.
(Added to NRS by 1985, 1155; A 2017, 2340)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.440 - Interest; service charge; prepayment.

1. A company shall not charge or collect a charge for interest which is not permitted by this section.
2. Interest must be computed on the balance due, after subtracting the down payment, from the effective date of the insurance contract or agreement, whichever is earlier, through the date on which the final installment is payable.
3. The rate of interest must be specified in the agreement. The agreement may provide for a service charge of not more than $25, and that the charge is not refundable.
4. An insured may prepay in full at any time the unpaid balance of the principal. The insured is entitled to a refund of the unearned portion of the prepaid interest. The refund must be at least as great a proportion of the prepaid interest as the sum of the periodic balances for each period beginning one period after the prepayment is made bears to the sum of all the periodic balances under the schedule of payments in the agreement. If the amount of the refund is less than $1, no refund need be made.
5. Any provision which purports to limit the insured’s right of prepayment pursuant to this section is void.
(Added to NRS by 1985, 1156)