reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 696A - Motor Clubs › NRS 696A.150 - Certificate of authority: Expiration; renewal; fees.

Every certificate of authority issued to a motor club expires annually on March 1 unless it is revoked or suspended. The certificate may be renewed by paying to the Commissioner an annual fee for renewal of $500 before the expiration of the certificate and, in addition to any other fee or charge, all applicable fees required pursuant to NRS 680C.110.
(Added to NRS by 1971, 1878; A 1987, 472; 1991, 1635; 1993, 614; 2009, 1822)
2023 Nevada Revised Statutes › Chapter 696A - Motor Clubs › NRS 696A.160 - Certificate of authority: Revocation or suspension; notice to public.

1. The Commissioner shall revoke or suspend the certificate of authority of a motor club whenever, after a hearing, the Commissioner finds in accordance with the procedure provided in NRS 679B.310 to 679B.370, inclusive, that any of the following circumstances exist:
(a) The club has violated any provision of this chapter.
(b) It is insolvent.
(c) Its assets are less than its liabilities.
(d) It or its officers refuse to submit to an examination.
(e) It is transacting business fraudulently.
2. The Commissioner shall give notice of such revocation or suspension to the public in such manner as the Commissioner deems proper.
(Added to NRS by 1971, 1879)
2023 Nevada Revised Statutes › Chapter 696A - Motor Clubs › NRS 696A.170 - Examination by Commissioner.

1. Every motor club shall be subject to examination by the Commissioner in the manner and under the conditions provided for examination of insurers contained in NRS 679B.230 to 679B.290, inclusive.
2. The expense of such examination shall be paid by the motor club.
(Added to NRS by 1971, 1879)
2023 Nevada Revised Statutes › Chapter 696A - Motor Clubs › NRS 696A.180 - Commissioner required to be appointed attorney upon whom process may be served.

1. Every motor club desiring to transact business in this state shall file with the Commissioner a duly executed instrument whereby the motor club shall appoint and constitute the Commissioner and his or her successor or successors in office the true and lawful attorney of such motor club upon whom all lawful process in any action or legal proceeding against it on a contract issued or cause of action arising in this state may be served, and shall agree that any such lawful process against it which may be served upon its attorney as provided in this section shall be of the same force and validity as if served upon the motor club and that the authority thereof shall continue in force irrevocably so long as any liability of the motor club in the State remains outstanding. The fee for filing such power of attorney shall be $5.
2. Process authorized by such instrument or by any similar instrument executed prior to January 1, 1972, shall be served in the manner and under the conditions provided in NRS 680A.260.
(Added to NRS by 1971, 1879)
2023 Nevada Revised Statutes › Chapter 696A - Motor Clubs › NRS 696A.185 - Annual filing requirements; fees and assessments; administrative penalty.

1. Every motor club shall file with the Commissioner on or before March 1 of each year a report which summarizes its activities for the preceding calendar year. The report must be verified by at least two officers of the motor club.
2. The report must be on a form prescribed by the Commissioner and must include:
(a) A financial statement for the motor club, including its balance sheet and receipts and disbursements for the preceding calendar year;
(b) Any material changes in the information given in the previous report;
(c) The number of members enrolled in the year;
(d) The costs of all services provided for that year; and
(e) Any other information relating to the motor club requested by the Commissioner.
3. The motor club must pay to the Commissioner all applicable fees.
4. Every motor club shall file with the Commissioner on or before June 1 of each year a financial statement of the motor club certified by an independent public accountant.
5. Any motor club failing, without just cause beyond its reasonable control, to file timely the report or financial statement or to pay timely the fees as required by this section shall pay an administrative penalty of $100 per day until the report or statement is filed, except that the total penalty must not exceed $3,000. The Attorney General shall recover the penalty in the name of the State of Nevada.
6. A motor club is not exempt from the provisions of NRS 679B.700.
(Added to NRS by 1987, 471; A 1991, 1635, 2207; 1993, 613; 2007, 3331; 2009, 1823)
2023 Nevada Revised Statutes › Chapter 696A - Motor Clubs › NRS 696A.190 - Information for members; service contract.

1. Every motor club shall furnish to its members a service contract or a membership card and the following information:
(a) The exact name of the motor club;
(b) The exact location of the motor club’s home office, and of its usual place of business in this state, giving street, number and city; and
(c) A description of the services or benefits to which the member is entitled.
2. A completed application for membership and the description of services shall constitute the service contract.
(Added to NRS by 1971, 1879)
2023 Nevada Revised Statutes › Chapter 696A - Motor Clubs › NRS 696A.200 - Approval of forms; revisions and modifications.

1. No motor club shall issue for delivery or deliver in this state any evidence of membership, or statement of services and benefits, or service contract until the form thereof has been filed with and approved in writing by the Commissioner. The Commissioner shall approve any such form found by the Commissioner to be in compliance with law and free of ambiguous, inequitable and misleading provisions.
2. Every motor club having met the requirements of subsection 1 shall thereafter file with the Commissioner every revision or modification of any document required in subsection 1. Such revision or modification shall be effective when filed and shall be deemed to meet the requirements of this chapter until disapproved by the Commissioner.
(Added to NRS by 1971, 1880)
2023 Nevada Revised Statutes › Chapter 696A - Motor Clubs › NRS 696A.210 - Service contract: Required provisions.

A service contract as defined in NRS 696A.070 shall not be executed, issued or delivered in this state unless it contains the following:
1. The exact corporate or other name of the club.
2. The exact location of its home office and of its usual place of business in this state, giving street number and city.
3. A provision that the contract may be cancelled at any time by either the club or the holder, and that the holder will, if the holder has actually paid the consideration, thereupon be entitled to the unused portion of the consideration paid for such contract, calculated on a pro rata basis over the period of the contract, without any deductions.
4. A provision plainly specifying:
(a) The services promised.
(b) That the holder will not be required to pay any sum, in addition to the amount specified in the contract, for any services thus specified.
(c) The territory wherein such services are to be rendered.
(d) The date when such service will commence.
5. A statement in not less than 14-point modern type at the head of the contract stating, "This is not an insurance contract."
(Added to NRS by 1971, 1880)
2023 Nevada Revised Statutes › Chapter 696A - Motor Clubs › NRS 696A.270 - License: Conditions for issuance and renewal.

For the protection of the people of this state, the Commissioner shall not:
1. Issue or renew any club agent’s license except in compliance with this chapter.
2. Issue or renew any club agent’s license to, or to be exercised by, any person found by the Commissioner to be untrustworthy or incompetent, or who has not established to the satisfaction of the Commissioner that the person is qualified therefor in accordance with this chapter.
(Added to NRS by 1971, 1881)
2023 Nevada Revised Statutes › Chapter 696A - Motor Clubs › NRS 696A.280 - License: Qualifications.

The Commissioner shall license as a club agent only an individual who has otherwise complied with this chapter, and who has furnished evidence satisfactory to the Commissioner that the individual:
1. Is at least 21 years of age.
2. Has been a bona fide resident of this state or is a resident of a state which will permit residents of this state to act as club agents in such other state.
3. Is a trustworthy person with a good reputation.
(Added to NRS by 1971, 1882)
2023 Nevada Revised Statutes › Chapter 696A - Motor Clubs › NRS 696A.290 - License: Form and contents.

The Commissioner shall prescribe the form of the club agent’s license, but it shall contain:
1. The name of the licensee and the business address of the licensee.
2. The date of issuance and the date of expiration.
3. The name of the represented motor club.
(Added to NRS by 1971, 1882)
2023 Nevada Revised Statutes › Chapter 696A - Motor Clubs › NRS 696A.303 - Payment of child support: Statement by applicant for license; grounds for denial of license; duty of Commissioner. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

1. A natural person who applies for the issuance or renewal of a club agent’s license shall submit to the Commissioner the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
2. The Commissioner shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for the issuance or renewal of the license; or
(b) A separate form prescribed by the Commissioner.
3. A club agent’s license may not be issued or renewed by the Commissioner if the applicant is a natural person who:
(a) Fails to submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Commissioner shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
(Added to NRS by 1997, 2205)
2023 Nevada Revised Statutes › Chapter 696A - Motor Clubs › NRS 696A.307 - Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

1. If the Commissioner receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who has been issued a club agent’s license, the Commissioner shall deem the license to be suspended at the end of the 30th day after the date on which the court order was issued unless the Commissioner receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The Commissioner shall reinstate a club agent’s license suspended by a district court pursuant to NRS 425.540 if the Commissioner receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
(Added to NRS by 1997, 2206)
2023 Nevada Revised Statutes › Chapter 696A - Motor Clubs › NRS 696A.310 - Suspension or revocation of or refusal to renew license of club agent.

The Commissioner may suspend, revoke or refuse to renew any club agent’s license issued under this chapter for any cause specified in any other provision of this chapter, or for any of the same applicable grounds and in the manner provided for a producer of insurance in NRS 683A.451 and 683A.461.
(Added to NRS by 1971, 1882; A 2001, 2251)
2023 Nevada Revised Statutes › Chapter 696A - Motor Clubs › NRS 696A.340 - Applicability of chapter.

This chapter does not apply to:
1. A duly authorized attorney at law acting in the usual course of his or her profession.
2. Any authorized insurer.
3. Any motor carrier association providing one or more of the services described in NRS 696A.050 to its members.
(Added to NRS by 1971, 1883)
2023 Nevada Revised Statutes › Chapter 696A - Motor Clubs › NRS 696A.350 - Penalties.

1. Any person violating the provisions of NRS 696A.080 to 696A.110, inclusive, is guilty of a gross misdemeanor.
2. Any person violating any other provisions of NRS 696A.010 to 696A.340, inclusive, other than NRS 696A.080 to 696A.110, inclusive, is guilty of a misdemeanor.
(Added to NRS by 1971, 1883)
2023 Nevada Revised Statutes › Chapter 696A - Motor Clubs › NRS 696A.360 - Applicability of other provisions.

Motor clubs are also subject, in the same manner as insurers, to the following provisions of this Code to the extent reasonably applicable:
1. Chapter 679A of NRS (scope and definitions);
2. Chapter 679B of NRS (Commissioner of Insurance);
3. NRS 683A.400 (fiduciary funds);
4. Chapter 685B of NRS (unauthorized insurers);
5. NRS 686A.010 to 686A.310, inclusive (trade practices and frauds); and
6. Chapter 696B of NRS (delinquent insurers).
(Added to NRS by 1971, 1883; A 2023, 24)
2023 Nevada Revised Statutes › Chapter 696B - Delinquent Insurers: Conservation, Rehabilitation and Liquidation › NRS 696B.020 - Applicability of chapter.

The applicable provisions of this chapter apply to:
1. All insurers authorized to transact insurance in this state;
2. All insurers having policyholders resident in this state;
3. All insurers against whom a claim under an insurance contract may arise in this state;
4. All persons in the process of organization, or holding themselves out as organizing, or proposing to organize in this state for the purpose of becoming an insurer; and
5. All other persons to whom such provisions are otherwise expressly made applicable by law.
(Added to NRS by 1971, 1883; A 1995, 2167; 1997, 1455)
2023 Nevada Revised Statutes › Chapter 696B - Delinquent Insurers: Conservation, Rehabilitation and Liquidation › NRS 696B.030 - Definitions.

As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 696B.040 to 696B.180, inclusive, shall have the meanings ascribed to them in NRS 696B.040 to 696B.180, inclusive.
(Added to NRS by 1971, 1884)
2023 Nevada Revised Statutes › Chapter 696B - Delinquent Insurers: Conservation, Rehabilitation and Liquidation › NRS 696B.050 - "Creditor" defined.

"Creditor" means a person having a claim, whether matured or unmatured, liquidated or unliquidated, secured or unsecured, or absolute, fixed or contingent.
(Added to NRS by 1971, 1884)
2023 Nevada Revised Statutes › Chapter 696B - Delinquent Insurers: Conservation, Rehabilitation and Liquidation › NRS 696B.060 - "Delinquency proceeding" defined.

"Delinquency proceeding" means:
1. Any proceeding commenced against an insurer pursuant to this chapter for the purpose of conserving, rehabilitating, reorganizing or liquidating the insurer; or
2. The summary proceedings authorized by NRS 696B.500 to 696B.565, inclusive.
(Added to NRS by 1971, 1884)
2023 Nevada Revised Statutes › Chapter 696B - Delinquent Insurers: Conservation, Rehabilitation and Liquidation › NRS 696B.070 - "Domiciliary state" defined.

"Domiciliary state" means the state in which an insurer is incorporated or organized or, as to an alien insurer, the state in which at the commencement of delinquency proceedings the larger amount of the insurer’s assets are held in trust or on deposit for the benefit of policyholders and creditors in the United States of America.
(Added to NRS by 1971, 1884)
2023 Nevada Revised Statutes › Chapter 696B - Delinquent Insurers: Conservation, Rehabilitation and Liquidation › NRS 696B.090 - "General assets" defined.

1. "General assets" means all property, real, personal or otherwise, not specifically mortgaged, pledged, deposited or otherwise encumbered for the security or benefit of specified persons or a limited class or classes of persons, and as to such specifically encumbered property the term includes all such property or its proceeds in excess of the amount necessary to discharge the sums secured thereby.
2. Assets held in trust or on deposit for the security or benefit of all policyholders or all policyholders and creditors in the United States of America are deemed general assets.
(Added to NRS by 1971, 1884)
2023 Nevada Revised Statutes › Chapter 696B - Delinquent Insurers: Conservation, Rehabilitation and Liquidation › NRS 696B.100 - "Impairment" defined.

"Impairment" exists as to:
1. A stock insurer when the insurer’s assets do not at least equal the sum of its liabilities, including also its paid-in capital stock account and the minimum surplus required to be maintained under this Code for authority to transact the kinds of insurance transacted.
2. A mutual insurer when the insurer’s assets do not at least equal the sum of the insurer’s liabilities and the minimum surplus required under this Code to be maintained for authority to transact the kinds of insurance transacted.
(Added to NRS by 1971, 1885)
2023 Nevada Revised Statutes › Chapter 696B - Delinquent Insurers: Conservation, Rehabilitation and Liquidation › NRS 696B.110 - "Insolvency" defined.

"Insolvency" exists:
1. When the insurer fails to meet its obligations as they mature;
2. When a stock insurer’s assets are less than the sum of its liabilities and its paid-in capital stock account;
3. When a mutual insurer’s assets are less than the sum of its liabilities and the minimum basic surplus required to be maintained by the insurer under this Code for authority to transact the kinds of insurance transacted; or
4. As otherwise expressly provided in this Code.
(Added to NRS by 1971, 1885)
2023 Nevada Revised Statutes › Chapter 696B - Delinquent Insurers: Conservation, Rehabilitation and Liquidation › NRS 696B.120 - "Insurer" defined.

"Insurer," in addition to persons so defined under NRS 679A.100, includes also persons purporting to be insurers, or organizing or holding themselves out as organizing in this state for the purpose of becoming insurers.
(Added to NRS by 1971, 1885)
2023 Nevada Revised Statutes › Chapter 696B - Delinquent Insurers: Conservation, Rehabilitation and Liquidation › NRS 696B.150 - "Reciprocal state" defined.

"Reciprocal state" means any state other than this state in which in substance and effect the provisions of the Uniform Insurers Liquidation Act or the Insurer Receivership Model Act are in force, including provisions requiring that the commissioner of insurance or the equivalent insurance supervisory officer be the receiver of a delinquent insurer, and in which effective provisions exist for avoidance of fraudulent conveyances and unlawful preferential transfers.
(Added to NRS by 1971, 1885; A 2019, 1725)
2023 Nevada Revised Statutes › Chapter 696B - Delinquent Insurers: Conservation, Rehabilitation and Liquidation › NRS 696B.160 - "Secured claim" defined.

1. "Secured claim" means any claim secured by mortgage, trust deed, pledge, deposit as security, escrow or otherwise, but not including special deposit claims or claims against general assets.
2. "Secured claim" includes claims which have become liens upon specific assets through judicial process and not invalidated.
(Added to NRS by 1971, 1886)
2023 Nevada Revised Statutes › Chapter 696B - Delinquent Insurers: Conservation, Rehabilitation and Liquidation › NRS 696B.170 - "Special deposit claim" defined.

"Special deposit claim" means any claim secured by a deposit made under a statute for the security or benefit of a limited class or classes of persons, but not including any general assets.
(Added to NRS by 1971, 1886)
2023 Nevada Revised Statutes › Chapter 696B - Delinquent Insurers: Conservation, Rehabilitation and Liquidation › NRS 696B.190 - Jurisdiction of delinquency proceedings; Nevada Rules of Civil Procedure do not govern commencement of delinquency proceeding; venue; exclusiveness of remedy; appeal.

1. The district court has original jurisdiction of delinquency proceedings under NRS 696B.010 to 696B.565, inclusive, and any court with jurisdiction may make all necessary or proper orders to carry out the purposes of those sections. The Nevada Rules of Civil Procedure do not govern the commencement of a delinquency proceeding pursuant to NRS 696B.250 and the filing of a petition by the Commissioner or the issuance by the court of an order to show cause pursuant to that section.
2. The venue of delinquency proceedings against a domestic insurer must be in the county in this state of the insurer’s principal place of business or, if the principal place of business is located in another state, in any county in this state selected by the Commissioner for the purpose. The venue of proceedings against foreign insurers must be in any county in this state selected by the Commissioner for the purpose.
3. At any time after commencement of a proceeding, the Commissioner or any other party may apply to the court for an order changing the venue of, and removing, the proceeding to any other county of this state in which the proceeding may most conveniently, economically and efficiently be conducted.
4. No court has jurisdiction to entertain, hear or determine any petition or complaint praying for the dissolution, liquidation, rehabilitation, sequestration, conservation or receivership of any insurer, or for an injunction or restraining order or other relief preliminary, incidental or relating to such proceedings, other than in accordance with NRS 696B.010 to 696B.565, inclusive.
5. An appeal to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution may be taken from any court granting or refusing rehabilitation, liquidation, conservation or receivership, and from every order in delinquency proceedings having the character of a final order as to the particular portion of the proceedings embraced therein.
(Added to NRS by 1971, 1886; A 1995, 1635; 1997, 3037; 2013, 1796; 2023, 2644)
2023 Nevada Revised Statutes › Chapter 696B - Delinquent Insurers: Conservation, Rehabilitation and Liquidation › NRS 696B.200 - Jurisdiction over related persons and transactions; service of process.

1. A court of this state in which an order of rehabilitation or liquidation has been entered in delinquency proceedings against a domestic insurer or alien insurer domiciled in this state, has jurisdiction also over persons, served as provided in subsection 2, in an action brought by the insurer’s receiver on or arising out of such obligation or relationship, as follows:
(a) Persons obligated to the insurer as a result of agency or brokerage or transactions between such persons and the insurer;
(b) Reinsurers of the insurer and their representatives; and
(c) Past or present officers, managers, trustees, directors, organizers and promoters of the insurer, and other persons in positions of similar responsibility with the insurer.
2. As to those of such persons who are in this state, personal service of process shall be made as in other civil actions. As to those of such persons who cannot be found in this state at the time process is to be served, personal service of process shall be made thereon by a public officer of the jurisdiction in which such person may be found, in the same manner as personal service of process is required to be made within this state under the Nevada Rules of Civil Procedure; and the affidavit or certificate under oath setting forth the facts of such service shall be filed in the court in this state in which the action is pending.
(Added to NRS by 1971, 1887)
2023 Nevada Revised Statutes › Chapter 696B - Delinquent Insurers: Conservation, Rehabilitation and Liquidation › NRS 696B.220 - Grounds for liquidation of domestic insurer or domiciled alien insurer.

The Commissioner may apply to the court for an order appointing the Commissioner as receiver (if his or her appointment as receiver is not then in effect) and directing the Commissioner to liquidate the business of a domestic insurer or of the United States branch of an alien insurer having trusteed assets in this state, whether or not there has been a prior order directing the Commissioner to conserve or rehabilitate the insurer, upon any one or more of the following grounds:
1. That the insurer has failed to cure an impairment of surplus, or capital, or assets within the time allowed therefor by any lawful order of the Commissioner.
2. That the insurer is insolvent, or has commenced voluntary liquidation or dissolution, or attempts to commence or prosecute or is the object, in this state or elsewhere, of any action or proceeding to liquidate its business or affairs, or to dissolve its corporate charter, or to procure the appointment of a receiver, trustee, custodian or sequestrator under any law except this Code. This subsection does not apply to the conversion of a stock insurer to an ordinary business corporation as authorized under NRS 693A.300, or to voluntary dissolution of the insurer pursuant to NRS 692B.250.
3. That the insurer has ceased for a period of 1 year to transact insurance business.
4. If a proposed insurer has not completed its organization and obtained a certificate of authority as an insurer within the time allowed therefor under any applicable solicitation permit issued by the Commissioner.
5. That efforts to rehabilitate the insurer and remove the causes or adverse effects thereof for which rehabilitation was instituted have failed despite all reasonable efforts by the Commissioner, or cannot be continued without material increase of risk of loss to the insurer’s creditors or policyholders.
6. If the insurer has requested or consented to liquidation by a vote or written authorization of a majority of its directors, or stockholders, or members (if a mutual insurer).
(Added to NRS by 1971, 1888)
2023 Nevada Revised Statutes › Chapter 696B - Delinquent Insurers: Conservation, Rehabilitation and Liquidation › NRS 696B.230 - Grounds for conservation: Foreign and alien insurers.

The Commissioner may apply to the court for an order appointing the Commissioner as receiver or ancillary receiver, and directing the Commissioner to conserve the assets within this state, of a foreign or alien insurer:
1. Upon any of the applicable grounds specified in NRS 696B.210 or 696B.220;
2. Upon the ground that the insurer’s property has been sequestrated in its domiciliary sovereignty or in any other sovereignty; or
3. In the case of an alien insurer, upon the ground that the insurer has failed to make good an impairment of its trusteed funds within the time required therefor by order of the Commissioner.
(Added to NRS by 1971, 1889)
2023 Nevada Revised Statutes › Chapter 696B - Delinquent Insurers: Conservation, Rehabilitation and Liquidation › NRS 696B.240 - Grounds for ancillary liquidation: Foreign and alien insurers.

The Commissioner may apply to the court for an order appointing the Commissioner as ancillary receiver of and directing the Commissioner to liquidate the business of a foreign or alien insurer having assets, business or claims in this state upon the appointment in the domiciliary sovereignty of such insurer of a receiver, liquidator, conservator, rehabilitator or other officer by whatever name called for the purpose of liquidating the business of the insurer.
(Added to NRS by 1971, 1889)
2023 Nevada Revised Statutes › Chapter 696B - Delinquent Insurers: Conservation, Rehabilitation and Liquidation › NRS 696B.250 - Commencement of delinquency proceeding: Petition; order to show cause.

1. The Commissioner shall commence a delinquency proceeding authorized under this chapter, the Attorney General representing the Commissioner, by filing a petition in a court of proper jurisdiction praying for appointment of the Commissioner as receiver of the insurer.
2. Upon the filing of the petition the court shall issue an order directing the insurer to appear in court on the day fixed in the order and show cause why the petition should not be granted. Unless good cause is shown for a shorter period, the order shall require the insurer so to show cause not less than 15 days nor more than 30 days from the date of the order.
3. The order to show cause and service thereof on the insurer shall constitute due and legal process and shall be in lieu of any other process otherwise provided by law or court rule.
(Added to NRS by 1971, 1890)
2023 Nevada Revised Statutes › Chapter 696B - Delinquent Insurers: Conservation, Rehabilitation and Liquidation › NRS 696B.255 - Commissioner as receiver, rehabilitator or liquidator authorized to appoint advisory committee; payment of costs.

1. The Commissioner, as receiver, rehabilitator or liquidator, may, with the approval of the court, appoint an advisory committee of policyholders, claimants or other creditors, including guaranty associations, if the Commissioner considers such a committee necessary. The committee serves at the pleasure of the Commissioner and serves without compensation other than reimbursement for reasonable travel and other expenses. No other committee of any nature may be appointed by the Commissioner or the court in proceedings for receivership, rehabilitation or liquidation conducted pursuant to this chapter.
2. If the property of the insurer does not contain sufficient cash or liquid assets to defray the costs incurred, the Commissioner may advance the costs so incurred out of any appropriation for the maintenance of the Division. Any amounts so advanced for expenses of administration must be repaid to the Commissioner out of the first available money of the insurer.
(Added to NRS by 1995, 1634; A 2023, 2645)
2023 Nevada Revised Statutes › Chapter 696B - Delinquent Insurers: Conservation, Rehabilitation and Liquidation › NRS 696B.260 - Service of process.

A certified copy of any order to show cause issued under NRS 696B.250, and a copy of the petition upon which the order is made, must be served upon the insurer by delivering the same to its president, vice president, secretary, treasurer, director, agent for service of process, or to its managing agent, or attorney-in-fact, if a reciprocal insurer. If no such officer or functionary can readily be found in this State, then such process may be served upon the insurer by service thereof upon the Commissioner pursuant to NRS 680A.250 and 680A.260, and in which case the additional 10 days provided by subsection 3 of NRS 680A.260 does not apply.
(Added to NRS by 1971, 1890; A 2007, 2727)
2023 Nevada Revised Statutes › Chapter 696B - Delinquent Insurers: Conservation, Rehabilitation and Liquidation › NRS 696B.270 - Injunctions.

1. Upon application by the Commissioner for such an order to show cause, or at any time thereafter, the court may without notice issue an injunction restraining the insurer, its officers, directors, stockholders, members, subscribers, agents and all other persons from the transaction of its business or the waste or disposition of its property until the further order of the court, but the court shall so frame its injunction as not to prevent the Nevada Life and Health Insurance Guaranty Association and the Nevada Insurance Guaranty Association from exercising their respective powers under this title.
2. The court may at any time during a proceeding under NRS 696B.010 to 696B.565, inclusive, issue such other injunctions or orders as may be deemed necessary to prevent interference with the Commissioner or the proceeding, or waste of the assets of the insurer, or the commencement or prosecution of any actions, or the obtaining of preferences, judgments, attachments or other liens, or the making of any levy against the insurer or against its assets or any part thereof.
3. No bond may be required of the Commissioner as a prerequisite for the issuance of any injunction or restraining order pursuant to this section.
(Added to NRS by 1971, 1890; A 1991, 883)
2023 Nevada Revised Statutes › Chapter 696B - Delinquent Insurers: Conservation, Rehabilitation and Liquidation › NRS 696B.280 - Uniform Insurers Liquidation Act and Insurer Receivership Model Act: Composition; severability; interpretation.

1. This section, NRS 696B.030 to 696B.180, inclusive, (definitions) and NRS 696B.290 to 696B.340, inclusive, comprise the Uniform Insurers Liquidation Act and the Insurer Receivership Model Act.
2. If any provision of the NAIC Acts or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the NAIC Acts which can be given effect without the invalid provision or application, and to this end the provisions of the NAIC Acts are declared to be severable.
3. The NAIC Acts shall be so interpreted as to effectuate the general purpose to make uniform the laws of those states which enact the Uniform Insurers Liquidation Act or the Insurer Receivership Model Act. To the extent that the provisions of the NAIC Acts, when applicable, conflict with other provisions of this Code, the provisions of the NAIC Acts shall control.
4. As used in this section, "NAIC Acts" means this section, NRS 696B.030 to 696B.180, inclusive, and NRS 696B.290 to 696B.340, inclusive.
(Added to NRS by 1971, 1891; A 2019, 1725)
2023 Nevada Revised Statutes › Chapter 696B - Delinquent Insurers: Conservation, Rehabilitation and Liquidation › NRS 696B.300 - Conduct of delinquency proceedings against foreign insurers.

1. Whenever under this chapter an ancillary receiver is to be appointed in delinquency proceedings for an insurer not domiciled in this State, the court shall appoint the Commissioner as ancillary receiver. The Commissioner shall file a petition requesting the appointment on the grounds set forth in NRS 696B.230 or 696B.240:
(a) If the Commissioner finds that there are sufficient assets of the insurer located in this State to justify the appointment of an ancillary receiver; or
(b) If 10 or more persons resident in this State having claims against such insurer file a petition with the Commissioner requesting the appointment of such ancillary receiver.
2. The domiciliary receiver for the purpose of liquidating an insurer domiciled in a reciprocal state shall be vested by operation of law with the title to all of the property, contracts and rights of action, and all of the books and records of the insurer located in this State, and the domiciliary receiver shall have the immediate right to recover balances due from local agents and to obtain possession of any books and records of the insurer found in this State. The domiciliary receiver shall also be entitled to recover the other assets of the insurer located in this State, except that upon the appointment of an ancillary receiver in this State, the ancillary receiver shall during the ancillary receivership proceedings have the sole right to recover such other assets. The ancillary receiver shall, as soon as practicable, liquidate from their respective securities those special deposit claims and secured claims which are proved and allowed in the ancillary proceedings in this State, and shall pay the necessary expenses of the proceedings. All remaining assets the ancillary receiver shall promptly transfer to the domiciliary receiver. Subject to the provisions of this section, the ancillary receiver and the deputies of the ancillary receiver shall have the same powers and be subject to the same duties with respect to the administration of such assets as a receiver of an insurer domiciled in this State.
3. The domiciliary receiver of an insurer domiciled in a reciprocal state may sue in this State to recover any assets of such insurer to which the domiciliary receiver may be entitled under the laws of this State.
(Added to NRS by 1971, 1892)
2023 Nevada Revised Statutes › Chapter 696B - Delinquent Insurers: Conservation, Rehabilitation and Liquidation › NRS 696B.310 - Claims of nonresidents against domestic insurers.

1. In a delinquency proceeding begun in this state against a domestic insurer, claimants residing in reciprocal states may file claims either with the ancillary receivers, if any, in their respective states, or with the domiciliary receiver. All such claims must be filed on or before the last date fixed for the filing of claims in the domiciliary delinquency proceedings.
2. Controverted claims belonging to claimants residing in reciprocal states may either:
(a) Be proved in this state; or
(b) If ancillary proceedings have been commenced in such reciprocal states, be proved in those proceedings. If a claimant elects to prove a claim in ancillary proceedings and if notice of the claim and opportunity to appear and be heard is afforded the domiciliary receiver of this state, as provided in NRS 696B.320 with respect to ancillary proceedings in this state, the final allowance of such claim by the courts in the ancillary state shall be accepted in this state as conclusive as to its amount and shall also be accepted as conclusive as to its priority, if any, against special deposits or other security located within the ancillary state.
(Added to NRS by 1971, 1893)
2023 Nevada Revised Statutes › Chapter 696B - Delinquent Insurers: Conservation, Rehabilitation and Liquidation › NRS 696B.320 - Claims of residents against foreign insurers.

1. In a delinquency proceeding in a reciprocal state against an insurer domiciled in that state, claimants against such insurer who reside within this state may file claims either with the ancillary receiver, if any, appointed in this state, or with the domiciliary receiver. All such claims must be filed on or before the last date fixed for the filing of claims in the domiciliary delinquency proceedings.
2. Controverted claims belonging to claimants residing in this state may either:
(a) Be proved in the domiciliary state as provided by the law of that state; or
(b) If ancillary proceedings have been commenced in this state, be proved in those proceedings. If any such claimant elects to prove a claim in this state, the claimant shall file the claim with the ancillary receiver and shall give notice in writing to the receiver in the domiciliary state, either by registered or certified mail or by personal service at least 40 days prior to the date set for hearing. The notice shall contain a concise statement of the amount of the claim, the facts on which the claim is based, and the priorities asserted, if any. If the domiciliary receiver within 30 days after the giving of such notice gives notice in writing to the ancillary receiver and to the claimant, either by registered or certified mail or by personal service, of the intention of the domiciliary receiver to contest such claim, the domiciliary receiver shall be entitled to appear or to be represented in any proceeding in this state involving adjudication of the claim. The final allowance of the claim by the courts of this state shall be accepted as conclusive as to its amount and shall also be accepted as conclusive as to its priority, if any, against special deposits or other security located within this state.
(Added to NRS by 1971, 1893)
2023 Nevada Revised Statutes › Chapter 696B - Delinquent Insurers: Conservation, Rehabilitation and Liquidation › NRS 696B.332 - Reporting and filing requirements of receiver; extension or modification of time.

1. Not later than 1 year after the date of entry of an order appointing a receiver in delinquency proceedings for an insurer pursuant to this chapter, and not less frequently than annually thereafter, the receiver shall comply with all requirements for financial reporting for a receivership as specified by the National Association of Insurance Commissioners. The reports required pursuant to this subsection include, without limitation, a statement of:
(a) The assets and liabilities of the insurer;
(b) Changes in those assets and liabilities; and
(c) All funds received and disbursed by the receiver during the period since the last such report.
2. The receiver may:
(a) Qualify any report and provide notes to any statement for further explanation; and
(b) Provide any additional information required pursuant to an order of the court or as the receiver deems appropriate.
3. In addition to satisfying any filing requirements established by the National Association of Insurance Commissioners, the receiver shall file the reports, statements and other documents required by this section with the court that has jurisdiction over the receivership.
4. For good cause shown, the court may grant an extension or modification of time to comply with subsection 1 or such other relief as may be appropriate.
(Added to NRS by 2019, 1724)
2023 Nevada Revised Statutes › Chapter 696B - Delinquent Insurers: Conservation, Rehabilitation and Liquidation › NRS 696B.334 - Reporting and filing requirements of guaranty association; extension or modification of time.

1. Not later than 1 year after the date of entry of an order appointing a receiver in delinquency proceedings for an insurer pursuant to this chapter, and at such intervals as may be agreed to between the receiver and a guaranty association but in no event less frequently than annually, each guaranty association which is affected by the delinquency proceedings shall comply with all applicable requirements for financial reporting as specified by the National Association of Insurance Commissioners.
2. In addition to satisfying any filing requirements established by the National Association of Insurance Commissioners, each guaranty association which is affected by the delinquency proceedings shall file the reports and other documents required by this section with:
(a) The court that has jurisdiction over the receivership;
(b) The Commissioner; and
(c) The receiver.
3. For good cause shown, the court may grant an extension or modification of time to comply with subsection 1 or such other relief as may be appropriate.
4. As used in this section, "guaranty association" means the Nevada Insurance Guaranty Association, the Nevada Life and Health Insurance Guaranty Association or a similar organization in another jurisdiction, as applicable.
(Added to NRS by 2019, 1725)
2023 Nevada Revised Statutes › Chapter 696B - Delinquent Insurers: Conservation, Rehabilitation and Liquidation › NRS 696B.340 - Attachment and garnishment of or execution on insurer or assets prohibited during pendency of delinquency proceedings.

During the pendency of delinquency proceedings in this or any reciprocal state, no action or proceeding in the nature of an attachment, garnishment or execution shall be commenced or maintained in the courts of this state against the delinquent insurer or its assets. Any lien obtained by any such action or proceeding within 4 months prior to the commencement of any such delinquency proceedings or at any time thereafter is void as against any rights arising in such delinquency proceedings.
(Added to NRS by 1971, 1894)
2023 Nevada Revised Statutes › Chapter 696B - Delinquent Insurers: Conservation, Rehabilitation and Liquidation › NRS 696B.350 - Limitations on enjoining, restraining or interfering with insurer’s business or appointment of receiver; action by judgment creditor.

1. Except as provided in subsection 2, no order, judgment or decree enjoining, restraining or interfering with the prosecution of the business of any insurer or for the appointment of a temporary or permanent receiver of a domestic insurer shall be made or granted otherwise than upon the petition of the Commissioner represented by the Attorney General as provided in this chapter.
2. A judgment creditor may commence an action for the enforcement and protection of his or her judgment or institute proceedings supplementary to execution against any such debtor insurer, giving 30 days’ notice to the Commissioner of the judgment creditor’s intention so to do, and in any such action or proceeding the court may, subject to NRS 696B.340, appoint a receiver for the purposes thereof as the court may deem necessary.
(Added to NRS by 1971, 1895)
2023 Nevada Revised Statutes › Chapter 696B - Delinquent Insurers: Conservation, Rehabilitation and Liquidation › NRS 696B.360 - Deposit of money.

1. Except as otherwise provided in this section:
(a) The money collected by the Commissioner in a proceeding under this chapter must be from time to time deposited in one or more state or national banks, savings banks, credit unions or trust companies, and in the case of the insolvency or voluntary or involuntary liquidation of any such depositary which is an institution organized and supervised under the laws of this state, such deposits are entitled to priority of payment on an equality with any other priority given by the banking laws of this state.
(b) The Commissioner may deposit the money or any part thereof in a national bank, credit union or trust company as a trust fund.
2. The Commissioner shall deposit in the State Insurance Fund any money collected in a proceeding under this chapter that is required to be held in trust by a successor organization of the State Industrial Insurance System by NRS 616B.042. The money must be used by the Commissioner for the payment of claims made against the successor organization under a policy of industrial insurance issued by that organization, and any administration costs and expenses related thereto. The payment of the claims must be made in accordance with the provisions of this chapter.
(Added to NRS by 1971, 1895; A 1999, 1555, 1834)
2023 Nevada Revised Statutes › Chapter 696B - Delinquent Insurers: Conservation, Rehabilitation and Liquidation › NRS 696B.370 - Exemption of Commissioner from fees.

The Commissioner shall not be required to pay any fee to any public officer in this state for service of process, or for filing, recording, issuing a transcript or certificate or authenticating any paper or instrument pertaining to the exercise by the Commissioner of any of the powers or duties conferred upon him or her under this chapter, whether or not such paper or instrument is executed by the Commissioner or the deputies, employees or attorneys of record of the Commissioner and whether or not it is connected with the commencement of any action or proceeding by or against the Commissioner, or with the subsequent conduct of such action or proceeding.
(Added to NRS by 1971, 1895)