reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 685A - Nonadmitted Insurance › NRS 685A.140 - Suspension or revocation of broker’s license.

1. In addition to other grounds therefor, the Commissioner may suspend or revoke any surplus lines broker’s license:
(a) If the broker fails to file the quarterly statement or to remit the tax as required by NRS 685A.175 and 685A.180;
(b) If the broker fails to maintain an office in this state or in the state where the broker was issued a license as a resident broker, or to keep the records, or to allow the Commissioner to examine his or her records as required by this chapter, or if the broker removes his or her records from the state; or
(c) If this State is the insured’s home state and the broker places a surplus lines coverage in an insurer other than as authorized under this chapter.
2. Upon suspending or revoking the broker’s surplus lines license the Commissioner may also suspend or revoke all other licenses of or as to the same individual under this Code.
(Added to NRS by 1971, 1677; A 1999, 2798; 2011, 2017)
2023 Nevada Revised Statutes › Chapter 685A - Nonadmitted Insurance › NRS 685A.150 - Broker authorized to accept business from licensed producer of insurance; compensation.

A licensed surplus lines broker may accept surplus lines business from any producer of insurance licensed in this state for the kind of insurance involved and may compensate the producer of insurance therefor.
(Added to NRS by 1971, 1678; A 1979, 1923; 2017, 2340)
2023 Nevada Revised Statutes › Chapter 685A - Nonadmitted Insurance › NRS 685A.155 - Broker authorized to charge fee for procuring coverage; maximum amount of fee.

The licensed surplus lines broker who is first engaged by or on behalf of an applicant for insurance may charge a fee for procuring surplus lines coverage. Except as otherwise provided by agreement between the insurer and that broker, the sum of the fee and any other commissions, fees and charges payable to that broker must not exceed 20 percent of the premium paid by the insured.
(Added to NRS by 1987, 1149; A 2017, 4002; 2019, 1704)
2023 Nevada Revised Statutes › Chapter 685A - Nonadmitted Insurance › NRS 685A.160 - Records of broker.

1. Each broker shall keep in his or her office a full and true record of each surplus lines coverage procured by the broker for which this State is the insured’s home state, including a copy of each daily report, if any, a copy of each certificate of insurance issued by the broker, and such of the following items as may be applicable:
(a) The amount of the insurance;
(b) The gross premium charged;
(c) The return premium paid, if any;
(d) The rate of premium charged upon the several items of property;
(e) The effective date of the contract, and the terms thereof;
(f) The name and address of each insurer on the direct risk and the proportion of the entire risk assumed by that insurer if less than the entire risk;
(g) The name and address of the insured;
(h) A brief general description of the property or risk insured and where located or to be performed; and
(i) Any other information as may be required by the Commissioner.
2. The record must not be removed from the office of the broker and must be open to examination by the Commissioner or a representative of the Commissioner at all times within 5 years after issuance of the coverage to which it relates.
(Added to NRS by 1971, 1678; A 1999, 2799; 2011, 2018)
2023 Nevada Revised Statutes › Chapter 685A - Nonadmitted Insurance › NRS 685A.175 - Quarterly report and payment of tax by certain brokers.

1. A broker who has written coverage for which this State is the insured’s home state shall pay, by the date described in subsection 2, the tax for each calendar quarter as directed by the Commissioner and shall file as directed by the Commissioner a copy of a quarterly report which includes an accounting of:
(a) The aggregate gross premiums for the quarter;
(b) The aggregate of the return premiums received; and
(c) The amount of tax remitted to the Commissioner.
The report must be on a form approved by the Commissioner.
2. The tax filings and payments required by subsection 1 must be submitted by:
(a) February 15 for the calendar quarter ending the preceding December 31.
(b) May 15 for the calendar quarter ending the preceding March 31.
(c) August 15 for the calendar quarter ending the preceding June 30.
(d) November 15 for the calendar quarter ending the preceding September 30.
(Added to NRS by 1985, 600; A 1995, 1617; 2011, 2018; 2017, 4003)
2023 Nevada Revised Statutes › Chapter 685A - Nonadmitted Insurance › NRS 685A.180 - Tax on surplus lines.

1. On or before the date described in subsection 2 of NRS 685A.175 for each quarter, each broker shall pay as directed by the Commissioner a tax on surplus lines coverages for which this State is the insured’s home state written by the broker in unauthorized insurers during the preceding calendar quarter at the same rate of tax as imposed by law on the premiums of similar coverages written by authorized insurers, in addition to any fees imposed pursuant to NRS 685A.075.
2. On or before the date described in subsection 2 of NRS 685A.175 for each quarter, each insured for which this State is the home state shall pay as directed by the Commissioner a tax on independently procured insurance written for the insured by an unauthorized insurer during the preceding calendar quarter at the same rate of tax as imposed by law on the premiums of similar coverages written by authorized insurers, in addition to any fees imposed pursuant to NRS 685A.075.
3. For the purposes of this section, the "premium" on surplus lines coverages includes:
(a) The gross amount charged by the insurer for the insurance, less any return premium;
(b) Any fee allowed by NRS 685A.155;
(c) Any policy fee;
(d) Any membership fee;
(e) Any inspection fee; and
(f) Any other fees or assessments charged by the insurer as consideration for the insurance.
Premium does not include any additional amount charged for state or federal tax, or for executing or completing affidavits or reports of coverage.
4. All taxes collected as directed by the Commissioner pursuant to this section must be promptly deposited with the State Treasurer to the credit of the State General Fund.
5. A broker who receives a credit for tax paid shall refund to each insured the amount of the credit attributable to the insured when the insurer pays a return premium or within 30 days, whichever is earlier.
(Added to NRS by 1971, 1678; A 1983, 827; 1985, 601; 1995, 1618; 2003, 3302; 2011, 2019; 2017, 4003)
2023 Nevada Revised Statutes › Chapter 685A - Nonadmitted Insurance › NRS 685A.190 - Failure to file statement or pay tax; penalties; statute of limitations.

1. A broker who fails to make and file the quarterly statement required pursuant to NRS 685A.175 is liable for a penalty of $500.
2. Except as otherwise provided in this subsection, a broker who fails to pay the tax required by NRS 685A.180 is liable:
(a) If the aggregate amount of the tax owed by the broker is more than $50, for a penalty in the first year of delinquency in the amount of $1,000 or 125 percent of the delinquent tax, whichever is larger; or
(b) If the aggregate amount of the tax owed by the broker is $50 or less, for a penalty in the first year of delinquency in an amount equal to the amount of the delinquent tax.
3. Interest must be charged on all penalties imposed pursuant to subsection 2 in an amount equal to the prime rate at the largest bank in the State of Nevada, as ascertained by the Commissioner of Financial Institutions on January 1 of the year in which the tax became due, plus 2 percent. The rate must be adjusted on July 1 and January 1 thereafter. The interest charged must be compounded monthly and must continue to accrue until the penalty and interest are paid in full.
4. The tax may be collected by distraint, or the tax and penalty may be recovered by an action instituted by the Commissioner, in the name of the State, the Attorney General representing the Commissioner, in any court of competent jurisdiction. The penalty, when so collected, must be paid to the State Treasurer for credit to the State General Fund.
5. No proceeding to recover taxes, penalties or fines pursuant to this section may be maintained unless it is commenced by the giving of notice to the person against whom the proceeding is brought within 5 years after the occurrence of the charged act or omission. This limitation does not apply if the Commissioner finds fraudulent or willful evasion of taxes.
(Added to NRS by 1971, 1679; A 1985, 601; 1995, 1618, 2676; 2011, 2020)
2023 Nevada Revised Statutes › Chapter 685A - Nonadmitted Insurance › NRS 685A.200 - Suit against unauthorized insurers; venue; process.

1. An unauthorized insurer effecting insurance under the provisions of the Nonadmitted Insurance Law shall be deemed to be transacting insurance in this state as an unlicensed insurer and may be sued in a district court of this state upon any cause of action arising against it in this state under any insurance contract entered into by it under this chapter.
2. Service of process against an unauthorized insurer affecting insurance under the provisions of this chapter must be made in accordance with NRS 680A.260. If no person is designated to receive process in the policy, the Division shall in like manner forward a copy of the process to the broker through whom the insurance was procured, or to the insurer at its principal place of business, addressed to the address of the broker or insurer, as the case may be, last of record with the Division. Upon service of process upon the Commissioner and the Division’s forwarding of such service of process in accordance with this subsection, the court shall be deemed to have jurisdiction in personam of the unauthorized insurer.
3. The defendant unauthorized insurer has 40 days from the date of service of the summons and complaint upon the Commissioner within which to plead, answer or defend any such suit.
4. An unauthorized insurer entering into an insurance contract under the provisions of this chapter shall be deemed thereby to have authorized service of process against it in the manner and to the effect provided in this section. Any such contract, if issued, must contain a provision stating the substance of this section and designating the person to whom the Division shall forward process as provided in subsection 2.
5. For the purposes of this section, "process" includes only a summons or the initial documents served in an action. The Commissioner or an authorized representative of the Commissioner is not required to serve any documents after the initial service of process.
(Added to NRS by 1971, 1679; A 1985, 610; 1995, 1619; 2011, 2020; 2021, 2968)
2023 Nevada Revised Statutes › Chapter 685A - Nonadmitted Insurance › NRS 685A.205 - Regulations: Compliance with federal law relating to nonadmitted insurance.

The Commissioner may adopt regulations as necessary to ensure compliance with federal law relating to nonadmitted insurance, including, without limitation, the Nonadmitted and Reinsurance Reform Act, 15 U.S.C. §§ 8201, et seq.
(Added to NRS by 2011, 2012)
2023 Nevada Revised Statutes › Chapter 685A - Nonadmitted Insurance › NRS 685A.210 - Regulations: Generally; penalty.

1. The Commissioner may adopt reasonable regulations, consistent with the provisions of this chapter, for any of the following purposes:
(a) Effectuation of the law;
(b) Establishment of procedures through which determination is to be made as to the eligibility of particular proposed coverages for export;
(c) Establishment of procedures for the operation of a nonprofit organization of brokers designed to assist brokers in complying with the provisions of this chapter; and
(d) The use of electronic signatures and the acceptance and transmission of electronic records and payments, including transactions involving claims and other transactions relating to surplus lines insurance.
2. Such regulations carry the penalty provided by NRS 679B.130.
(Added to NRS by 1971, 1680; A 1977, 99; 1979, 1923; 1995, 1619; 2011, 3366)
2023 Nevada Revised Statutes › Chapter 685A - Nonadmitted Insurance › NRS 685A.220 - Applicability of other provisions.

In addition to those referred to in other provisions of this chapter, the following provisions of chapter 683A of NRS, to the extent applicable and not inconsistent with the express provisions of this chapter, also apply to surplus lines brokers:
1. NRS 683A.341;
2. NRS 683A.361;
3. NRS 683A.400;
4. NRS 683A.451;
5. NRS 683A.461;
6. NRS 683A.490; and
7. NRS 683A.520.
(Added to NRS by 1971, 1680; A 2001, 2214; 2005, 2131; 2019, 1704)
2023 Nevada Revised Statutes › Chapter 685B - Unauthorized Insurers; Prohibitions, Process and Advertising › NRS 685B.010 - Purpose of chapter.

The purpose of this chapter is to subject certain persons and insurers to the jurisdiction of the Commissioner and the courts of this state in suits by or on behalf of the state. The Legislature declares that it is concerned with the protection of residents of this state against acts by insurers not authorized to do an insurance business in this state, by the maintenance of fair and honest insurance markets, by protecting authorized insurers which are subject to regulation from unfair competition by unauthorized insurers, and by protecting against the evasion of the insurance regulatory laws of this state. In furtherance of such state interest, the Legislature provides methods in this chapter for substituted service of process upon such insurers in any proceeding, suit or action in any court and substituted service of any notice, order, pleading or process upon such insurers in any proceeding by the Commissioner to enforce or effect full compliance with the insurance laws of this state. In so doing, the State exercises its powers to protect residents of this state and to define what constitutes transacting an insurance business in this state, and also exercises powers and privileges available to this state by virtue of Public Law 79-15, (1945), 79th Congress of the United States, Chapter 20, 1st Sess., S. 340, 59 Stat. 33; 15 U.S.C. §§ 1011 to 1015, inclusive, as amended, which declares that the business of insurance and every person engaged therein shall be subject to the laws of the several states.
(Added to NRS by 1971, 1681)
2023 Nevada Revised Statutes › Chapter 685B - Unauthorized Insurers; Prohibitions, Process and Advertising › NRS 685B.040 - Injunctive relief.

1. Whenever the Commissioner believes, from evidence satisfactory to the Commissioner, that any insurer is violating or is about to violate the provisions of NRS 685B.030, the Commissioner may, through the Attorney General, cause a complaint to be filed in the district court seeking to enjoin and restrain such insurer from continuing such violation or engaging therein or doing any act in furtherance thereof.
2. The district court has jurisdiction of the proceeding and has the power to make and enter an order or judgment awarding such preliminary or final injunctive relief as in its judgment is proper.
(Added to NRS by 1971, 1683)
2023 Nevada Revised Statutes › Chapter 685B - Unauthorized Insurers; Prohibitions, Process and Advertising › NRS 685B.060 - Requirements for defense of action: Bond or other security or certificate of authority.

1. Before any unauthorized insurer files or causes to be filed any pleading in any court action, suit or proceeding or any notice, order, pleading or process in an administrative proceeding before the Commissioner instituted against such person or insurer, by service made as provided in NRS 685B.050, such insurer shall either:
(a) Deposit with the clerk of the court in which such action, suit or proceeding is pending, or with the Commissioner in administrative proceedings before the Commissioner, cash or securities, or file with such clerk or the Commissioner a bond with good and sufficient sureties, to be approved by the clerk or the Commissioner in an amount to be fixed by the court or Commissioner sufficient to secure the payment of any final judgment which may be rendered in such action or administrative proceeding; or
(b) Procure a certificate of authority to transact the business of insurance in this state. In considering the application of an insurer for a certificate of authority, for the purposes of this paragraph the Commissioner need not assert the provisions of NRS 680A.330 against such insurer with respect to its application if the Commissioner determines that such company would otherwise comply with the requirements for such certificate of authority.
2. The Commissioner, in any administrative proceeding in which service is made as provided in NRS 685B.050, may in the discretion of the Commissioner order such postponement as may be necessary to afford the defendant reasonable opportunity to comply with the provisions of paragraph (a) of subsection 1 and to defend such action.
3. Nothing in subsection 1 shall be construed to prevent an unauthorized insurer from filing a motion to quash a writ or to set aside service thereof made in the manner provided in NRS 685B.050, on the ground that such unauthorized insurer has not done any of the acts enumerated in NRS 685B.030.
(Added to NRS by 1971, 1685)
2023 Nevada Revised Statutes › Chapter 685B - Unauthorized Insurers; Prohibitions, Process and Advertising › NRS 685B.080 - Penalty; liability for payment of premium taxes.

1. Any unauthorized insurer who transacts any unauthorized act of an insurance business as set forth in the Unauthorized Insurers Act may be fined not more than $10,000 for each act or violation.
2. In addition to the penalties provided in subsection 1, such a violator is liable, personally, jointly and severally with any other person liable therefor, for the payment of premium taxes at the same rate of tax as imposed by law on the premiums of similar coverages written by authorized insurers.
(Added to NRS by 1971, 1686; A 1993, 2393; 2003, 3303; 2005, 2131)
2023 Nevada Revised Statutes › Chapter 685B - Unauthorized Insurers; Prohibitions, Process and Advertising › NRS 685B.083 - Penalty for representing or aiding unauthorized insurer.

Any producer of insurance or surplus lines broker licensed in this State who in this State knowingly represents or aids an unauthorized insurer in violation of the Unauthorized Insurers Act is guilty of a category B felony and shall be punished as provided in NRS 193.130.
(Added to NRS by 2005, 2131)
2023 Nevada Revised Statutes › Chapter 685B - Unauthorized Insurers; Prohibitions, Process and Advertising › NRS 685B.087 - Penalty for transaction of unauthorized insurance business.

Any insurer who transacts any unauthorized insurance business as set forth in NRS 685B.030 is guilty of a category B felony and shall be punished as provided in NRS 193.130.
(Added to NRS by 2005, 2131)
2023 Nevada Revised Statutes › Chapter 685B - Unauthorized Insurers; Prohibitions, Process and Advertising › NRS 685B.100 - Prohibited misrepresentations; notice to supervisory officer of insurer’s domiciliary state or province.

No unauthorized insurer through any estimate, illustration, circular, pamphlet, letter, announcement, statement or any other means or medium shall misrepresent to any person in this State its financial condition or the terms of any contract issued or to be issued by it or the advantages thereof, or the dividends or share to be received thereon. Whenever the Commissioner has reason to believe that any such insurer is so misrepresenting, the Commissioner shall notify the insurer and the insurance supervisory officer of the insurer’s domiciliary state or province by registered or certified mail.
(Added to NRS by 1971, 1687)
2023 Nevada Revised Statutes › Chapter 685B - Unauthorized Insurers; Prohibitions, Process and Advertising › NRS 685B.110 - Action by Commissioner; penalty.

1. If within 30 days following the giving of the notice provided for in NRS 685B.100 the insurer has not ceased such dissemination, and if the Commissioner has reason to believe that such insurer is soliciting, issuing or delivering contracts of insurance to residents of this State or collecting premiums on such contracts or performing any other transaction in connection with such insurance, and that a proceeding by the Commissioner in respect to such matters would be to the interest of the public, the Commissioner shall take action against such insurer under the provisions of NRS 686A.180 (trade practices act, service of process on unauthorized insurers).
2. If upon such hearing the Commissioner finds that the insurer has misrepresented as referred to in NRS 685B.100, the Commissioner shall by order on such hearing require the insurer to cease and desist from such violation, and shall mail a copy of the order by registered or certified mail to the insurer at its principal place of business last of record with the Commissioner and to the insurance supervisory officer of the insurer’s domiciliary state or province. Each violation thereafter of such desist order shall subject the insurer to a penalty of $2,000, to be recovered by a civil action brought against the insurer by the Commissioner. Service of process upon the insurer in such action may be made upon the Commissioner pursuant to NRS 685B.050 or 686A.180 or in any other lawful manner.
(Added to NRS by 1971, 1687)
2023 Nevada Revised Statutes › Chapter 685B - Unauthorized Insurers; Prohibitions, Process and Advertising › NRS 685B.120 - Person providing specified coverage; exception.

1. Any person who provides coverage in this State for the cost of:
(a) Medical care;
(b) Surgery;
(c) Chiropractic;
(d) Physical therapy;
(e) Speech-language pathology;
(f) Audiology;
(g) Professional care of mental health;
(h) Dental care;
(i) Hospital care;
(j) Ophthalmic care;
(k) Naprapathy; or
(l) Ambulance services,
whether the coverage provides for direct payment, reimbursement or any other method of payment, is subject to regulation by the Division and to the provisions of this Code unless the person shows that while providing such coverage the person is subject to regulation by the Federal Government.
2. A nonprofit corporation that provides prepaid ambulance services is not subject to regulation by the Division or to the provisions of this Code if the corporation presents evidence satisfactory to the Commissioner that the corporation is subject to regulation by a political subdivision of this State pursuant to an exclusive franchise which limits the number of times any such prepaid services may be used to a defined number that are medically necessary.
(Added to NRS by 1983, 959; A 1991, 1628; 1993, 1917, 2593; 1995, 579; 2023, 1709)
2023 Nevada Revised Statutes › Chapter 685B - Unauthorized Insurers; Prohibitions, Process and Advertising › NRS 685B.140 - Submission to examination of Commissioner.

Any person who is unable to show, upon request by the Commissioner, that the person is subject to regulation by an agency of the Federal Government or, if the person is providing prepaid ambulance services, by a political subdivision of this State pursuant to an exclusive franchise, shall submit to an examination by the Commissioner to determine the organization and solvency of the person and to determine whether the person is in compliance with the applicable provisions of this Code.
(Added to NRS by 1983, 960; A 1993, 2593)
2023 Nevada Revised Statutes › Chapter 685B - Unauthorized Insurers; Prohibitions, Process and Advertising › NRS 685B.150 - Information to be provided to agents, brokers and others.

An administrator who advertises or administers coverage in this State which is:
1. Of a kind described in NRS 685B.120; and
2. Provided by a person described in NRS 685B.140,
shall inform each agent, broker or other person who advertises, procures, renews, continues, sells or negotiates or solicits the sale of such coverage of the elements of the coverage, including the amount of excess insurance or reinsurance in effect.
(Added to NRS by 1983, 960)
2023 Nevada Revised Statutes › Chapter 685B - Unauthorized Insurers; Prohibitions, Process and Advertising › NRS 685B.160 - Statement of charges; notice of hearing.

1. If the Commissioner has reason to believe that a person described in NRS 685B.140 is providing any type of coverage described in NRS 685B.120, the Commissioner may:
(a) Issue a statement of charges and a notice of a hearing to be held on those charges; and
(b) Serve the statement and notice upon the person so charged.
2. The statement and notice must be:
(a) Issued as provided in NRS 679B.320; and
(b) Served personally or by certified or registered mail.
(Added to NRS by 1983, 960)
2023 Nevada Revised Statutes › Chapter 685B - Unauthorized Insurers; Prohibitions, Process and Advertising › NRS 685B.170 - Order after hearing; administrative fines; modification of order.

1. After the Commissioner conducts a hearing pursuant to NRS 685B.160, the Commissioner shall issue an order pursuant to NRS 679B.360. If the Commissioner determines that the person being charged has engaged in a practice prohibited by this Code, the Commissioner shall order the person to cease and desist from that practice.
2. If the person knew or reasonably should have known that he or she was in violation of this Code, the Commissioner may order the person to pay an administrative fine of not more than $10,000 for each act or violation.
3. The Commissioner may modify or set aside, in whole or in part, any order issued by him or her pursuant to this section, but any such action must be made before the expiration of the period for appeal or before the official record in the proceeding has been filed with the court.
(Added to NRS by 1983, 960; A 1993, 2393)
2023 Nevada Revised Statutes › Chapter 685B - Unauthorized Insurers; Prohibitions, Process and Advertising › NRS 685B.180 - Review of order; time order becomes final.

1. An order issued pursuant to NRS 685B.170 may be reviewed pursuant to NRS 679B.370.
2. Such an order becomes final:
(a) Upon the expiration of the time for taking an appeal, if no petition for review has been filed; or
(b) Upon the final decision of the court.
(Added to NRS by 1983, 961)
2023 Nevada Revised Statutes › Chapter 685B - Unauthorized Insurers; Prohibitions, Process and Advertising › NRS 685B.190 - Administrative fine for violation of order.

If a person violates an order issued pursuant to NRS 685B.170, the Commissioner may impose an administrative fine after giving notice and a hearing. Such a fine may not be more than $5,000 for each violation.
(Added to NRS by 1983, 961)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.010 - Purpose.

The purpose of NRS 686A.010 to 686A.310, inclusive, is to regulate trade practices in the business of insurance in accordance with the intent of Congress as expressed in the Act of Congress approved March 9, 1945, being c. 20, 59 Stat. 33, also designated as 15 U.S.C. §§ 1011 to 1015, inclusive, and Title V of Public Law 106-102, 15 U.S.C. §§ 6801 et seq.
(Added to NRS by 1971, 1688; A 2001, 2214; 2019, 1601; 2023, 18, 3283)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.015 - Jurisdiction of Commissioner; Commissioner required to establish program to investigate unfair and deceptive trade practices.

1. Notwithstanding any other provision of law, the Commissioner has exclusive jurisdiction in regulating the subject of trade practices in the business of insurance in this state.
2. The Commissioner shall establish a program within the Division to investigate any act or practice which constitutes an unfair or deceptive trade practice in violation of the provisions of NRS 686A.010 to 686A.310, inclusive.
(Added to NRS by 1975, 1284; A 1995, 2698; 2023, 18)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.020 - Unfair methods of competition and unfair or deceptive acts or practices prohibited.

A person shall not engage in this state in any practice which is defined in NRS 686A.010 to 686A.310, inclusive, as, or determined pursuant to NRS 686A.170 to be, an unfair method of competition or an unfair or deceptive act or practice in the business of insurance.
(Added to NRS by 1971, 1688; A 1975, 1287; 1977, 432)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.025 - Unfair acts and practices: Disclosure of nonpublic personal information in manner contrary to federal law; regulations.

1. Disclosure of nonpublic personal information in a manner contrary to the provisions of subchapter 1 of Title V of Public Law 106-102, 15 U.S.C. §§ 6801-6809 is an unfair act or practice in the business of insurance within the meaning of this chapter.
2. As used in this section, "nonpublic personal information" has the meaning ascribed to it in 15 U.S.C. § 6809(4).
3. The Commissioner shall adopt regulations necessary to carry out the provisions of this section.
(Added to NRS by 2001, 2214)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.027 - Unfair or deceptive methods, acts or practices: Knowing access or use of contractual discount of provider of health care pursuant to provider network contract without applicable contractual relationship.

It constitutes an unfair method of competition or an unfair or deceptive act or practice in the business of insurance to knowingly access or utilize a contractual discount of a provider of health care pursuant to a provider network contract without a contractual relationship with the provider of health care, health carrier or third party as specified in NRS 687B.693 to 687B.697, inclusive.
(Added to NRS by 2019, 1601)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.028 - Unfair or deceptive methods, acts or practices: Offering or selling policy of travel insurance that could never result in payment of claim; marketing blanket travel insurance as free.

1. It constitutes an unfair method of competition or an unfair or deceptive act or practice in the business of insurance to:
(a) Offer or sell a policy of travel insurance that could never result in payment of any claims for any insured under the policy; or
(b) Market blanket travel insurance as free.
2. As used in this section:
(a) "Blanket travel insurance" has the meaning ascribed to it in NRS 691E.030.
(b) "Travel insurance" has the meaning ascribed to it in NRS 691E.160.
(Added to NRS by 2023, 3283)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.030 - Misrepresentation and false or misleading advertising of policies prohibited.

A person shall not make, issue, circulate or cause to be made, issued or circulated, any estimate, illustration, circular, statement, sales presentation or comparison which:
1. Misrepresents the benefits, advantages, conditions or terms of any insurance policy;
2. Misrepresents the dividends or share of the surplus to be received on any insurance policy;
3. Makes any false or misleading statement as to the dividends or share of surplus previously paid on any insurance policy;
4. Is misleading or is a misrepresentation as to the financial condition of any person, or as to the legal reserve system upon which any life insurer operates;
5. Uses any name or title of any policy or class of insurance policies misrepresenting the true nature thereof;
6. Is a misrepresentation for the purpose of inducing or tending to induce the lapse, forfeiture, exchange, conversion or surrender of any insurance policy;
7. Is a misrepresentation for the purpose of effecting a pledge or assignment of or effecting a loan against any insurance policy; or
8. Misrepresents any insurance policy as being shares of stock.
(Added to NRS by 1971, 1688; A 1975, 1287)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.040 - False, deceptive or misleading information and advertising prohibited.

No person shall make, publish, disseminate, circulate or place before the public, or cause, directly or indirectly, to be made, published, disseminated, circulated or placed before the public, in a newspaper, magazine or other publication, or in the form of a notice, circular, pamphlet, letter or poster, or over any radio or television station, or in any other way, any advertisement, announcement or statement containing any assertion, representation or statement with respect to the business of insurance or with respect to any person in the conduct of his or her insurance business, which is untrue, deceptive or misleading.
(Added to NRS by 1971, 1688)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.050 - "Twisting" prohibited.

No person shall make or issue, or cause to be made or issued, any written or oral statement misrepresenting or making misleading comparison as to the terms, conditions, benefits or advantages of any insurance policy for the purpose of inducing, or attempting or tending to induce, any other person to lapse, forfeit, surrender, borrow against, retain, exchange, convert or otherwise deal with or dispose of any insurance policy.
(Added to NRS by 1971, 1688)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.055 - Use of existence of Nevada Insurance Guaranty Association or Nevada Life and Health Insurance Guaranty Association to induce purchase of or discourage termination of insurance covered by Association prohibited; exception.

A person who is an insurer or an agent or employee of an insurer shall not place before the public by any means any advertisement, announcement or statement which uses the existence of the Nevada Insurance Guaranty Association or the Nevada Life and Health Insurance Guaranty Association for the purpose of inducing the purchase of, or discouraging the termination of, any insurance covered by the Association. This section does not apply to either of the associations named.
(Added to NRS by 1977, 432; A 1991, 882)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.060 - Replacement of life insurance: Statements required to be given to policyholder.

In addition to other powers of the Commissioner in respect thereto, the Commissioner may by regulation require persons who replace or offer or propose to replace existing life insurance with other life insurance, to leave with the policyholder written, signed and dated statements which fully and accurately compare the terms, conditions and benefits of the existing policy with the proposed policy.
(Added to NRS by 1971, 1689)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.070 - Falsification of or knowing omissions in records or falsification of financial statements prohibited; penalty.

1. A person subject to regulation under this Code shall not knowingly make or cause to be made any false entry of a material fact in any book, report or statement of any person or knowingly omit to make a true entry of any material fact pertaining to such person’s business in any book, report or statement of such person.
2. A person shall not knowingly file with any supervisory or other public officer, or knowingly make, publish, disseminate, circulate or deliver to any person, or place before the public, or knowingly cause directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, any false material statement of fact as to the financial condition of a person.
3. Any person who violates, or with like intent, aids or abets any violation of this section is guilty of a gross misdemeanor.
(Added to NRS by 1971, 1689; A 1975, 1287)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.080 - Defamatory statement concerning person engaged or proposing to engage in business of insurance prohibited.

No person shall make, publish, disseminate or circulate, directly or indirectly, or aid, abet or encourage the making, publishing, disseminating or circulating of any oral or written statement or any pamphlet, circular, article or literature which is false, or maliciously critical of or derogatory to an insurer, or of an organization proposing to become an insurer, and which is calculated to injure any person engaged or proposing to engage in the business of insurance.
(Added to NRS by 1971, 1689)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.085 - Bank prohibited from requiring customers to purchase insurance from parent, subsidiary or affiliate of bank.

A bank shall not in any manner extend credit, lease or sell property of any kind, or furnish any services, or fix or vary the consideration for any of them, on the condition or requirement that the customer purchase insurance from a parent, subsidiary or affiliate of the bank. For the purposes of this section, the terms "affiliate," "parent" and "subsidiary" have the meanings ascribed to them in NRS 683A.231.
(Added to NRS by 1997, 782)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.090 - Boycott, coercion or intimidation tending to result in unreasonable restraint of or monopoly in business of insurance prohibited.

No person shall enter into any agreement to commit, or by any concerted action commit, any act of boycott, coercion or intimidation resulting in or tending to result in unreasonable restraint of, or any monopoly in, any business of insurance.
(Added to NRS by 1971, 1689)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.095 - Cancellation or restriction of agent’s authority based solely on loss ratio experience prohibited in certain circumstances.

1. An insurer shall not, without the written consent of the agent, cancel a written agreement with an agent or reduce or restrict the agent’s authority to transact property or casualty insurance based solely on the loss ratio experience on insurance transacted by that agent, if the agent was required to submit the applications for that insurance for underwriting approval, all material information on those applications was fully completed and the agent did not omit or alter any information provided by the applicants for that insurance.
2. As used in this section, "loss ratio experience" means the amount of money received by the insurer in payment of premiums divided by the amount of money expended by the insurer in payment of claims for a specified period.
(Added to NRS by 1989, 963)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.100 - Life insurance, annuities and health insurance: Unfair discrimination prohibited.

1. No person may make or permit any unfair discrimination between persons of the same class and equal expectation of life in the rates charged for any contract of life insurance or of life annuity or in the dividends or other benefits payable thereon, or in any other of the terms and conditions of such contract.
2. No person may make or permit any unfair discrimination between persons of the same class and of essentially the same hazard in the amount of premium, policy fees or rates charged for any policy or contract of health insurance or in the benefits payable thereunder, or in any of the terms or conditions of such contract, or in any other manner whatever.
3. No person may make or permit any unfair discrimination between persons legally qualified to provide a particular service, in the amount of the fee or charge for that service payable as a benefit under any policy or contract of health insurance.
(Added to NRS by 1971, 1690; A 1983, 326)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.105 - Life insurance, annuities and health insurance: Discrimination against living organ donor prohibited.

1. With regard to any policy or contract of life insurance, life annuity or health insurance, no person shall discriminate against a living organ donor by:
(a) Refusing to insure the living organ donor;
(b) Refusing to continue to insure the living organ donor;
(c) Limiting the amount, extent or kind of coverage available to a living organ donor; or
(d) Charging a living organ donor a different rate, premium, deductible, copay or coinsurance than that charged to a similarly situated insured who is not a living organ donor for the same coverage,
based solely, and without any additional actuarial risk, upon his or her status as a living organ donor.
2. As used in this section, "living organ donor" means a living person who donates one or more of his or her organs, including, without limitation, bone marrow, to be medically transplanted into the body of another person.
(Added to NRS by 2023, 18)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.110 - Life insurance, annuities and health insurance: Rebates and other inducements prohibited; exceptions.

1. Except as otherwise expressly provided by law, no person shall knowingly:
(a) Permit to be made or offer to make or make any contract of life insurance, life annuity or health insurance, or agreement as to such contract, other than as plainly expressed in the contract issued thereon, or pay or allow, or give or offer to pay, allow or give, directly or indirectly, or knowingly accept, as an inducement to such insurance or annuity, any rebate of premiums payable on the contract, or any special favor or advantage in the dividends or other benefits thereon, or any paid employment or contract for services of any kind, or any valuable consideration or inducement whatever not specified in the contract; or
(b) Directly or indirectly give or sell or purchase or offer or agree to give, sell, purchase, or allow as an inducement to such insurance or annuity or in connection therewith, whether or not to be specified in the policy or contract, any agreement of any form or nature promising returns and profits, or any stocks, bonds or other securities, or interest present or contingent therein or as measured thereby, of any insurer or other corporation, association or partnership, or any dividends or profits accrued or to accrue thereon.
2. The provisions of this section do not prohibit any person, in the case of any policy or contract of life insurance, life annuity or health insurance, from providing to a policyholder or prospective policyholder prizes and gifts, goods, wares, merchandise, gift certificates, donations made to charitable organizations, raffle entries, meals, event tickets and other items not to exceed $100 in aggregate value per policyholder or prospective policyholder in any 1 calendar year.
(Added to NRS by 1971, 1690; A 2017, 1526)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.120 - Life insurance, annuities and health insurance: Exceptions to provisions limiting discrimination, rebates and use of securities as inducements.

1. Nothing in NRS 686A.100, 686A.105 and 686A.110 shall be construed as including within the definition of discrimination or rebates any of the following practices:
(a) In the case of any contract of life insurance or life annuity, paying bonuses to policyholders or otherwise abating their premiums in whole or in part out of surplus accumulated from nonparticipating insurance, provided that any such bonuses or abatement of premiums shall be fair and equitable to policyholders and for the best interests of the insurer and its policyholders.
(b) In the case of life insurance policies issued on the debit plan, making allowance to policyholders who have continuously for a specified period made premium payments directly to an office of the insurer in an amount which fairly represents the saving in collection expense.
(c) Readjusting the rate of premium for a group insurance policy based on the loss or expense experience thereunder, at the end of the first or any subsequent policy year of insurance thereunder, which may be made retroactive only for such policy year.
(d) Reducing the premium rate for policies of large amounts, but not exceeding savings in issuance and administration expenses reasonably attributable to such policies as compared with policies of similar plan issued in smaller amounts.
(e) Reducing the premium rates for life or health insurance policies or annuity contracts on salary savings, payroll deduction, preauthorized check, bank draft or similar plans in amounts reasonably commensurate with the savings made by the use of such plans.
(f) Extending credit for the payment of any premium, and for which credit a reasonable rate of interest is charged and collected.
2. Nothing in NRS 686A.010 to 686A.310, inclusive, shall be construed as including within the definition of securities as inducements to purchase insurance the selling or offering for sale, contemporaneously with life insurance, of mutual fund shares or face amount certificates of regulated investment companies under offerings registered with the Securities and Exchange Commission where such shares or such face amount certificates or such insurance may be purchased independently of and not contingent upon purchase of the other, at the same price and upon similar terms and conditions as where purchased independently.
(Added to NRS by 1971, 1690; A 2023, 18)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.140 - Violations concerning rebates and inducements: Penalties; effect.

1. Any person violating the provisions of NRS 686A.110 or 686A.130 is guilty of a misdemeanor.
2. No agent or broker violating any of such provisions shall be entitled to receive any commission for the sale of any policy on which any rebate or inducement prohibited by NRS 686A.110 or 686A.130 has been given or offered, and the full amount of any commission so paid may be recovered by the insurer so paying.
3. The amount of any insurance upon which the insured has knowingly received or accepted, either directly or indirectly, any unlawful rebate of the premium or agent’s, solicitor’s or broker’s commission shall be reduced in such proportion as the amount or value of such rebate, commission or other consideration so received by the insured bears to the total premium on such policy.
4. A title insurer or underwritten title company shall be liable to the State of Nevada for five times the amount of any unlawful commission or rebate paid in violation of NRS 686A.130, which amount may be recovered by the Commissioner in addition to any other penalty imposed by law.
(Added to NRS by 1971, 1692)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.150 - Using security, advisory board contract or agreement offering or promising profit as inducement prohibited.

Except as provided in subsection 2 of NRS 686A.120 (contemporaneous sales of life insurance and mutual fund shares), no person shall sell, agree or offer to sell, or give or offer to give, directly or indirectly in any manner whatsoever, as an inducement to insurance or in connection therewith, any stock, shares, bonds or other securities of any kind, or any advisory board contract or other contract or agreement of any kind offering or promising returns and profits.
(Added to NRS by 1971, 1693)
2023 Nevada Revised Statutes › Chapter 686A - Trade Practices and Frauds; Financing of Premiums › NRS 686A.160 - Enforcement: Prohibited methods, acts or practices.

If the Commissioner has cause to believe that any person has been engaged or is engaging, in this state, in any unfair method of competition or any unfair or deceptive act or practice prohibited by NRS 686A.010 to 686A.310, inclusive, and that a proceeding by the Commissioner in respect thereto would be in the interest of the public, the Commissioner may issue and serve upon such person a statement of the charges and a notice of the hearing to be held thereon. The statement of charges and notice of hearing shall comply with the requirements of NRS 679B.320 and shall be served upon such person directly or by certified or registered mail, return receipt requested.
(Added to NRS by 1971, 1693; A 1975, 1288; 1977, 432; 2021, 900; 2023, 19)