This chapter applies to all insurance
contracts and annuity contracts other than:
1. Reinsurance.
2. Policies or contracts not issued for delivery in this state nor
delivered in this state.
3. Wet marine and transportation insurance.
(Added to NRS by 1971, 1712)
As used in this chapter, unless
the context otherwise requires, “binder” means an oral or written
contract for temporary insurance which is used when a policy is not
immediately issued to evidence that the coverage attaches at a specified
time and continues until the policy is issued or the risk is declined.
(Added to NRS by 1983, 1120)
Unless otherwise provided by a specific
statute, if a signature is required of any person, the person may provide
as the signature of the person:
1. An original signature;
2. A facsimile signature; or
3. An electronic signature pursuant to the provisions of chapter
719 of NRS.
(Added to NRS by 2003, 2806 )
With respect to any
kind of insurance and any type of insurance contract, the insurer may
provide for waiver of payment of premium for such causes and subject to
such terms and conditions as may be specified in the contract.
(Added to NRS by 1971, 1712; A 1981, 1142)
1. Any natural person of competent legal capacity may procure or
effect an insurance contract upon his own life or body for the benefit of
any person. But a person shall not procure or cause to be procured any
insurance contract upon the life or body of another individual unless the
benefits under the contract are payable to the person insured or his
personal representatives, or to a person having, at the time when the
contract was made, an insurable interest in the person insured.
2. If the beneficiary, assignee or other payee under any contract
made in violation of this section receives from the insurer any benefits
thereunder accruing upon the death, disablement or injury of the person
insured, the person insured or his executor or administrator, as the case
may be, may maintain an action to recover such benefits from the person
so receiving them.
3. As used in this section, “insurable interest” as to such
personal insurance means that every person has an insurable interest in
the life, body and health of himself, and of other persons as follows:
(a) In the case of persons related closely by blood or by law, a
substantial interest engendered by love and affection; and
(b) In the case of other persons, a lawful and substantial economic
interest in having the life, health or bodily safety of the person
insured continue, as distinguished from an interest which would arise
only by, or would be enhanced in value by, the death, disablement or
injury of the person insured.
4. Before, on or after January 1, 1972, an individual party to a
contract or option for the purchase or sale of an interest in a business
partnership or firm, or of shares of stock of a corporation or of an
interest in such shares, has an insurable interest in the life, body and
health of each individual party to the contract and for the purposes of
the contract only, in addition to any insurable interest which may
otherwise exist as to the person.
5. An insurer is entitled to rely upon all statements,
declarations and representations made by an applicant for insurance
relative to the insurable interest of the applicant in the insured. An
insurer does not incur legal liability except as otherwise set forth in
the policy, by virtue of any untrue statements, declarations or
representations so relied upon in good faith by the insurer.
(Added to NRS by 1971, 1712; A 1997, 1624)
1. Life insurance contracts may be entered into in which the
person paying the consideration for the insurance has no insurable
interest in the life of the individual insured, where charitable,
benevolent, educational or religious institutions or their agencies are
designated irrevocably as the beneficiaries thereof.
2. In making such contracts the person paying the premium shall
make and sign the application therefor as owner, and shall designate
irrevocably a charitable, benevolent, educational or religious
institution or an agency thereof as the beneficiary or beneficiaries of
such contract. The application shall be signed also by the individual
whose life is to be insured.
3. Nothing in this section shall prohibit any combination of the
applicant, premium payer, owner and beneficiary from being the same
person.
4. Such a contract shall be valid and binding among the parties
thereto, notwithstanding the absence otherwise of an insurable interest
in the life of the individual insured.
(Added to NRS by 1971, 1713)
1. No contract of insurance of property or of any interest in
property or arising from property shall be enforceable as to the
insurance except for the benefit of persons having an insurable interest
in the things insured as at the time of the loss.
2. “Insurable interest” as used in this section means any actual,
lawful and substantial economic interest in the safety or preservation of
the subject of the insurance free from loss, destruction or pecuniary
damage or impairment.
(Added to NRS by 1971, 1714)
1. Any person of competent legal capacity may contract for
insurance.
2. Any minor not less than 16 years of age may, notwithstanding
his minority, contract for or own annuities or insurance, or affirm by
novation or otherwise preexisting contracts for annuities or insurance,
upon his own life, body, health, property, liabilities or other
interests, or on the person of another in whom the minor has an insurable
interest. Notwithstanding such minority such a minor shall be deemed
competent to exercise all rights and powers with respect to or under:
(a) Any annuity or insurance contract upon his own life, body or
health;
(b) Any contract which such minor effected upon his own property,
liabilities or other interests; or
(c) Any contract effected or owned by the minor on the person of
another, as might be exercised by a person of full legal age.
3. Such a minor may at any time surrender his interest in any such
contracts and give valid discharge for any benefit accruing or money
payable thereunder. Such a minor shall not, by reason of his minority, be
entitled to rescind, avoid or repudiate the contract, or to rescind,
avoid or repudiate any exercise of a right or privilege thereunder,
except that such a minor, not otherwise emancipated, shall not be bound
by any unperformed agreement to pay, by promissory note or otherwise, any
premium on any such annuity or insurance contract.
4. All insurance contracts made by a minor under the age of 16
years shall be made only with the written consent of a parent or
guardian, and the exercise of all contractual rights under such
contracts, or the surrender thereof, or the giving of a valid discharge
for any benefit accruing or money payable thereunder shall have the
written consent of a parent or guardian if made or given while such minor
is under the age of 16 years.
5. All such contracts made by a minor which may result in any
personal liability for assessment shall have the written assumption of
any such liability by a parent or guardian in consideration of the
issuance of the contract. Such assumption shall be in a form approved by
the Commissioner, reasonably designed to inform the parent or guardian of
the liability thus assumed. Such assumption of liability may be made a
part of and included with any written consent of such parent or guardian
required under the provisions of this section, and it may be provided
therein that such assumption shall cover only up to the anniversary date
of the policy nearest the insured’s birthday upon which he attains the
age of 18 years.
6. Any annuity contract or policy of life or health insurance
procured by or for a minor under subsection 2 or 3, shall be made payable
either to the minor or his estate or to a person having an insurable
interest in the life of the minor.
(Added to NRS by 1971, 1714; A 1973, 1581)
1. Except as otherwise provided in subsection 2, no life or health
insurance contract upon a person, except a contract of group life
insurance or of group or blanket health insurance, may be made or
effectuated unless at the time of the making of the contract the person
insured, being of competent legal capacity to contract, applies therefor
or has consented thereto in writing.
2. The following persons may enter into a contract for life or
health insurance upon another person without the insured’s written
consent:
(a) A spouse may effectuate such insurance upon the other spouse.
(b) Any person having an insurable interest in the life of a minor,
or any person upon whom a minor is dependent for support and maintenance,
may effectuate insurance upon the life of or pertaining to the minor.
(c) Family policies may be issued insuring any two or more members
of a family on an application signed by either parent, a stepparent, a
guardian, or by a husband or wife.
3. An insurer who receives:
(a) An application in accordance with subsection 2 for a contract
for insurance upon the life of another; or
(b) A request to increase the existing coverage upon the life of an
insured by a person other than the insured,
Ê shall, unless the application or request relates to a contract of group
life insurance or of group or blanket health insurance, cause notice of
the application or request to be mailed to the insured at his home or
business within 48 hours after receiving the application or request.
(Added to NRS by 1971, 1715; A 1993, 173)
No alteration of any written application for any life or health
insurance policy shall be made by any person other than the applicant
without his written consent, except that insertions may be made by the
insurer, for administrative purposes only, in such manner as to indicate
clearly that such insertions are not to be ascribed to the applicant.
(Added to NRS by 1971, 1715)
1. No application for the issuance of any life or health insurance
policy or annuity contract shall be admissible in evidence in any action
relative to such policy or contract, unless a true copy of the
application was attached to or otherwise made a part of the policy or
contract when issued. This subsection does not apply to industrial life
insurance policies.
2. If any policy of life or health insurance delivered in this
state is reinstated or renewed, and the insured or the beneficiary or
assignee of the policy makes written request to the insurer for a copy of
the application, if any, for such reinstatement or renewal, the insurer
shall, within 30 days after receipt of such request at its home office,
deliver or mail to the person making such request a copy of such
application reproduced by any legible means. If such copy is not so
delivered or mailed after having been so requested, the insurer shall be
precluded from introducing the application in evidence in any action or
proceeding based upon or involving the policy or its reinstatement or
renewal. In the case of such a request from a beneficiary or assignee,
the time within which the insurer is required to furnish a copy of such
application shall not begin to run until after receipt of evidence
satisfactory to the insurer of the beneficiary’s or assignee’s vested
interest in the policy or contract.
3. As to kinds of insurance other than life or health insurance,
no application for insurance signed by or on behalf of the insured shall
be admissible in evidence in any action between the insured and the
insurer arising out of the policy so applied for, if the insurer has
failed, at the expiration of 30 days after receipt by the insurer of
written demand therefor by or on behalf of the insured, to furnish to the
insured a copy of such application reproduced by any legible means.
(Added to NRS by 1971, 1715)
All statements and
descriptions in any application for an insurance policy or annuity
contract, by or in behalf of the insured or annuitant, shall be deemed to
be representations and not warranties. Misrepresentations, omissions,
concealment of facts and incorrect statements shall not prevent a
recovery under the policy or contract unless either:
1. Fraudulent; or
2. Material either to the acceptance of the risk, or to the hazard
assumed by the insurer; or
3. The insurer in good faith would either not have issued the
policy or contract, or would not have issued it at the same premium rate,
or would not have issued a policy or contract in as large an amount, or
would not have provided coverage with respect to the hazard resulting in
the loss, if the true facts had been made known to the insurer as
required either by the application for the policy or contract or
otherwise.
(Added to NRS by 1971, 1716)
An insurer shall
include provisions in a policy of health insurance encouraging the
insured’s use, if medically appropriate, of services and facilities that
are the most efficient or that tend to control or reduce the cost of
health care. Any policy or other form filed with the Commissioner
pursuant to NRS 687B.120 must
specifically indicate which provisions satisfy the requirements of this
section.
(Added to NRS by 1985, 1227)
The Commissioner shall not approve any proposed policy of health
insurance unless he determines that the insurer has adopted and is using
three or more practices in administering benefits that control or reduce
the cost of health care.
(Added to NRS by 1985, 1227)
1. No life or health insurance policy or contract, annuity
contract form, policy form, health care plan or plan for dental care,
whether individual, group or blanket, including those to be issued by a
health maintenance organization, organization for dental care or prepaid
limited health service organization, or application form where a written
application is required and is to be made a part of the policy or
contract, or printed rider or endorsement form or form of renewal
certificate, or form of individual certificate or statement of coverage
to be issued under group or blanket contracts, or by a health maintenance
organization, organization for dental care or prepaid limited health
service organization, may be delivered or issued for delivery in this
state, unless the form has been filed with and approved by the
Commissioner. This subsection does not apply to any special rider or
endorsement which relates to the manner of distribution of benefits or to
the reservation of rights and benefits under life or health insurance
policies, which special riders or endorsements are used at the request of
the individual policyholder, contract holder or certificate holder. As to
group insurance policies effectuated and delivered outside this state but
covering persons resident in this state, the group certificates to be
delivered or issued for delivery in this state must be filed, for
informational purposes only, with the Commissioner at his request.
2. Every such filing must be made not less than 45 days in advance
of any such delivery. At the expiration of 45 days the form so filed
shall be deemed approved unless prior thereto it has been affirmatively
approved or disapproved by order of the Commissioner. Approval of any
such form by the Commissioner constitutes a waiver of any unexpired
portion of such waiting period. The Commissioner may extend by not more
than an additional 30 days the period within which he may so
affirmatively approve or disapprove any such form, by giving notice to
the insurer of the extension before expiration of the initial 45-day
period. At the expiration of any such period as so extended, and in the
absence of prior affirmative approval or disapproval, any such form shall
be deemed approved. The Commissioner may at any time, after notice and
for cause shown, withdraw any such approval.
3. Any order of the Commissioner disapproving any such form or
withdrawing a previous approval must state the grounds therefor and the
particulars thereof in such detail as reasonably to inform the insurer
thereof. Any such withdrawal of a previously approved form is effective
at the expiration of such a period, not less than 30 days after the
giving of notice of withdrawal, as the Commissioner in such notice
prescribes.
4. The Commissioner may, by order, exempt from the requirements of
this section for so long as he deems proper any insurance document or
form or type thereof specified in the order, to which, in his opinion,
this section may not practicably be applied, or the filing and approval
of which are, in his opinion, not desirable or necessary for the
protection of the public.
5. Appeals from orders of the Commissioner disapproving any such
form or withdrawing a previous approval may be taken as provided in NRS
679B.310 to 679B.370 , inclusive.
(Added to NRS by 1971, 1716; A 1993, 2398; 1995, 1624)
1. The provisions of NRS 687B.122 to 687B.128 , inclusive:
(a) Apply to all policies, certificates or contracts of life or
health insurance, including credit insurance as defined in NRS 690A.015
, delivered or issued for delivery in
this state, including policies, certificates or contracts issued by
fraternal benefit societies and hospital, medical or dental service
corporations, health maintenance organizations and other similar
organizations, and certificates issued pursuant to a policy of group
insurance delivered or issued for delivery in this state, except:
(1) Any policy which is a security subject to federal
jurisdiction;
(2) Any policy covering the lives of a group of 1,000 or
more persons as of its date of issuance, other than a group policy for
credit insurance and any certificate issued pursuant to any group policy;
(3) Any group annuity which serves to finance pension,
profit-sharing or deferred compensation plans; or
(4) Any form used in connection with, as a conversion from,
as an addition to or in exchange for a policy delivered or issued for
delivery on a form approved or permitted to be issued before July 1, 1983.
(b) Are not intended to increase any risk assumed by an insurer.
(c) Do not supersede the provisions of this Title or other law
applicable to the delivery or issuance of policies of insurance.
(d) Are not intended to restrict or discourage the development of
new policies and provisions.
(e) Do not require standardization of forms for or provisions of
policies.
2. Any policy written in a language other than English shall be
deemed to comply with NRS 687B.124 if
the insurer certifies that it is translated from a policy written in
English which complies with that section.
3. The provisions of NRS 687B.122 to 687B.128 , inclusive, apply to renewals on or after
July 1, 1983, of policies delivered or issued for delivery before that
date.
(Added to NRS by 1981, 927; A 1987, 2286)
1. Except as provided by NRS 687B.122 , a policy must not be delivered or issued
for delivery in this state on or after July 1, 1983, unless:
(a) The text of the policy achieves a score of at least 40 on the
Flesch test of reading ease or an equivalent score on any comparable test
which is approved by the Commissioner;
(b) It is printed, except for pages which contain specifications,
schedules or tables, in not less than 10-point type, one point leaded;
(c) The style, arrangement and overall appearance of the policy
give no undue prominence to any portion of the text of or endorsements or
riders to the policy; and
(d) It contains a table of contents or an index of the principal
sections of the policy if it contains more than 3,000 words or has more
than three pages.
2. The score for the Flesch test of reading ease must be
calculated in the following manner:
(a) If a form contains 10,000 words or less of text, the entire
text must be used as a basis for calculating the score. If it contains
more than 10,000 words, two samples, which are separated from each other
by at least 20 printed lines, of 200 words per page must be used as the
basis for calculating the score.
(b) The number of words and sentences used in the basis for the
calculation must be counted and the total number of words divided by the
total number of sentences. This figure must be multiplied by 1.015.
(c) The number of syllables must be counted and the total divided
by the total number of words. This figure must be multiplied by 84.6.
(d) The results of the calculations made pursuant to paragraphs (b)
and (c) must be added together and the total must be subtracted from
206.835.
(e) The result of the calculation made pursuant to paragraph (d) is
the score for the policy.
3. For the purposes of performing the calculations required by
subsection 2:
(a) A contraction, hyphenated word or numbers and letters when
separated by spaces must be counted as one word;
(b) A sequence of words which ends with a period, semicolon or
colon, except for headings and captions, must be counted as a sentence;
and
(c) Where a dictionary shows two or more equally acceptable
pronunciations of a word, the pronunciation containing fewer syllables
may be used.
4. As used in this section, “text” includes all printed matter
except:
(a) The name and address of the insurer, the name, number or title
of the policy, the table of contents or index, captions and subcaptions
and pages which contain specifications, schedules and tables; and
(b) Any language of the policy which is drafted in a particular
manner so as to meet the requirements of:
(1) Any federal or state law or regulation or any
interpretation of a law or regulation by a federal or state agency;
(2) Any collective bargaining agreement;
(3) Usage of medical terms; and
(4) Definitions contained in the policy,
Ê if the insurer so identifies this language and certifies in writing
that it is excepted by this paragraph.
5. An insurer may score riders, endorsements, applications and
other forms as separate forms or as part of the policy with which they
are used.
(Added to NRS by 1981, 927)
1. An insurer shall file a copy of the policy with the
Commissioner accompanied by a certificate signed by an officer of the
insurer stating that the policy meets the score required for reading ease
or stating that the score is lower than the minimum required and
requesting that it be approved in accordance with subsection 2. Upon the
request of the Commissioner, the insurer shall furnish additional
information to verify the accuracy of the certification.
2. The Commissioner may approve a policy which has a score lower
than required whenever he finds that a lower score:
(a) Provides a more accurate reflection of the readability of a
policy;
(b) Is necessitated by the nature of a particular type or class of
policy; or
(c) Is caused by language in the policy which is drafted in a
particular manner so as to meet the requirements of any state law,
regulation or interpretation of that law or regulation by a state agency.
(Added to NRS by 1981, 928)
A
policy which complies with subsection 1 of NRS 687B.124 must be approved by the Commissioner,
notwithstanding any other provision of law which specifies the content of
a policy, if the policy provides the policyholder and claimant with
protection at least equal to that to which they are entitled under those
other provisions.
(Added to NRS by 1981, 929)
The Commissioner shall
disapprove any form filed under NRS 687B.120 , or withdraw any previous approval thereof,
only on one or more of the following grounds:
1. The form is in any respect in violation of or does not comply
with this Code.
2. The form contains, or incorporates by reference where such
incorporation is otherwise permissible, any inconsistent, ambiguous or
misleading clauses, or exceptions and conditions which deceptively affect
the risk purported to be assumed in the general coverage of the contract,
or any provision or provisions prejudicial to the interest of the insured
or policyholder.
3. The form has any title, heading or other indication of its
provisions which is misleading, or is printed in such size of type or
manner of reproduction as to be difficult to read.
4. As to an individual health insurance policy, if the benefits
provided therein are unreasonable in relation to the premium charged, or
if it contains any unjust, unfair, inequitable or prejudicial provision
or provisions.
5. As to a life insurance or individual health insurance policy,
if it contains a provision or provisions such as to encourage
misrepresentation.
(Added to NRS by 1971, 1717)
1. Insurance contracts shall contain such standard or uniform
provisions as are required by the applicable provisions of this Code
pertaining to contracts of particular kinds of insurance. The
Commissioner may waive the required use of a particular provision in a
particular insurance policy form if:
(a) He finds such provision unnecessary for or unrelated to the
protection of the insured and inconsistent with the purposes of the
policy; and
(b) The policy is otherwise approved by him.
2. No policy shall contain any provision inconsistent with or
contradictory to any standard or uniform provision used or required to be
used, but the Commissioner may approve any substitute provision which is,
in his opinion, not less favorable in any particular to the insured,
owner or beneficiary than the provisions otherwise required.
3. In lieu of the provisions required by this Code for contracts
for particular kinds of insurance, substantially similar provisions
required by the law of the domicile of a foreign or alien insurer may be
used when approved by the Commissioner.
4. A policy issued by a domestic insurer for delivery in another
jurisdiction may contain any provision required or permitted by the laws
of such jurisdiction.
(Added to NRS by 1971, 1718)
1. Any policy of insurance or endorsement providing coverage under
the provisions of NRS 690B.020 or
other policy of casualty insurance may provide that if the insured has
coverage available to him under more than one policy or provision of
coverage, any recovery or benefits may equal but not exceed the higher of
the applicable limits of the respective coverages, and the recovery or
benefits must be prorated between the applicable coverages in the
proportion that their respective limits bear to the aggregate of their
limits. Any provision which limits benefits pursuant to this section must
be in clear language and be prominently displayed in the policy, binder
or endorsement. Any limiting provision is void if the named insured has
purchased separate coverage on the same risk and has paid a premium
calculated for full reimbursement under that coverage.
2. Except as otherwise provided in subsection 5, insurance
companies transacting motor vehicle insurance in this State must offer,
on a form approved by the Commissioner, uninsured and underinsured
vehicle coverage in an amount equal to the limits of coverage for bodily
injury sold to an insured under a policy of insurance covering the use of
a passenger car. The insurer is not required to reoffer the coverage to
the insured in any replacement, reinstatement, substitute or amended
policy, but the insured may purchase the coverage by requesting it in
writing from the insurer. Each renewal must include a copy of the form
offering such coverage. Uninsured and underinsured vehicle coverage must
include a provision which enables the insured to recover up to the limits
of his own coverage any amount of damages for bodily injury from his
insurer which he is legally entitled to recover from the owner or
operator of the other vehicle to the extent that those damages exceed the
limits of the coverage for bodily injury carried by that owner or
operator. If an insured suffers actual damages subject to the limitation
of liability provided pursuant to NRS 41.035 , underinsured vehicle coverage must include a
provision which enables the insured to recover up to the limits of his
own coverage any amount of damages for bodily injury from his insurer for
the actual damages suffered by the insured that exceed that limitation of
liability.
3. An insurance company transacting motor vehicle insurance in
this State must offer an insured under a policy covering the use of a
passenger car, the option of purchasing coverage in an amount of at least
$1,000 for the payment of reasonable and necessary medical expenses
resulting from an accident. The offer must be made on a form approved by
the Commissioner. The insurer is not required to reoffer the coverage to
the insured in any replacement, reinstatement, substitute or amended
policy, but the insured may purchase the coverage by requesting it in
writing from the insurer. Each renewal must include a copy of the form
offering such coverage.
4. An insurer who makes a payment to an injured person on account
of underinsured vehicle coverage as described in subsection 2 is not
entitled to subrogation against the underinsured motorist who is liable
for damages to the injured payee. This subsection does not affect the
right or remedy of an insurer under subsection 5 of NRS 690B.020 with respect to uninsured vehicle coverage.
As used in this subsection, “damages” means the amount for which the
underinsured motorist is alleged to be liable to the claimant in excess
of the limits of bodily injury coverage set by the underinsured
motorist’s policy of casualty insurance.
5. An insurer need not offer, provide or make available uninsured
or underinsured vehicle coverage in connection with a general commercial
liability policy, an excess policy, an umbrella policy or other policy
that does not provide primary motor vehicle insurance for liabilities
arising out of the ownership, maintenance, operation or use of a
specifically insured motor vehicle.
6. As used in this section:
(a) “Excess policy” means a policy that protects a person against
loss in excess of a stated amount or in excess of coverage provided
pursuant to another insurance contract.
(b) “Passenger car” has the meaning ascribed to it in NRS 482.087
.
(c) “Umbrella policy” means a policy that protects a person against
losses in excess of the underlying amount required to be covered by other
policies.
(Added to NRS by 1979, 1090; A 1981, 15; 1983, 1105; 1989, 1567,
1846; 1991, 1943; 1997, 3032; 2003, 3312 )
A policy of motor vehicle insurance covering
a private passenger car may be delivered or issued for delivery in this
state if it contains an exclusion, reduction or other limitation of
coverage for the liability of any named insured for bodily injury to:
1. Another named insured; or
2. Any member of the household of a named insured,
Ê unless the named insured rejects the exclusion, reduction or other
limitation of coverage after full disclosure of the limitation by the
insurer on a form approved by the Commissioner. The form must be written
in a manner which is easily understood, printed in at least 12-point type
and contain the statement “I understand that this policy excludes,
reduces and limits coverage for bodily injury to members of my family and
other named insureds, including the following persons:” (followed by a
list of the names of the family members and other named insureds whose
coverage has been excluded, reduced or limited). The list of names must
be handwritten by the insured and followed by his full signature. The
disclosed exclusion, reduction or other limitation of coverage continues
until the named insured notifies the insurer in writing of his desire to
reject it. The insurer must disclose upon renewal of the policy that
coverage has been excluded, reduced or limited and that the named insured
has the right to reject the exclusion, reduction or limitation. The
insurer must also disclose to the named insured upon renewal any
additional motor vehicle coverages that the insurer sells. These
disclosures must be written in a form easily understood and printed in at
least 12-point type.
(Added to NRS by 1989, 1851)
1. No policy shall contain any provision purporting to make any
portion of the charter, bylaws or other constituent document of the
insurer (other than the subscriber’s agreement or power of attorney of a
reciprocal insurer) a part of the contract unless such portion is set
forth in full in the policy.
2. Any policy provision in violation of this section is invalid.
(Added to NRS by 1971, 1718)
1. Every insurance policy must be executed in the name of and on
behalf of the insurer by its officer, attorney-in-fact, employee or
representative duly authorized by the insurer.
2. Any such executing individual may use, in lieu of an original
signature:
(a) A facsimile signature; or
(b) An electronic signature pursuant to the provisions of chapter
719 of NRS.
3. An insurance contract issued before, on or after January 1,
1972, which is otherwise valid is not rendered invalid by reason of the
apparent execution thereof on behalf of the insurer by the imprinted
facsimile signature of an individual not authorized so to execute as of
the date of the policy.
(Added to NRS by 1971, 1718; A 1997, 1625; 2003, 2806 )
1. Two or more authorized insurers may jointly issue, and shall be
jointly and severally liable on, an underwriters’ policy bearing their
names. Any one insurer may issue policies in the name of an underwriter’s
department and such policy shall plainly show the true name of the
insurer.
2. Two or more insurers may, with the approval of the
Commissioner, issue a combination policy which shall contain provisions
substantially as follows:
(a) That the insurers executing the policy shall be severally
liable for the full amount of any loss or damage, according to the terms
of the policy, or for specified percentages or amounts thereof,
aggregating the full amount of insurance under the policy; and
(b) That service of process, or of any notice or proof of loss
required by such policy, upon any of the insurers executing the policy,
shall constitute service upon all such insurers.
3. This section does not apply to cosurety obligations.
(Added to NRS by 1971, 1719)
1. A policy delivered or issued for delivery after January 1,
1972, to any person in this state in violation of this Code but otherwise
binding on the insurer, shall be held valid, but shall be construed as
provided in this Code.
2. Any condition, omission or provision not in compliance with the
requirements of this Code and contained in any policy, rider or
endorsement issued after January 1, 1972, and otherwise valid shall not
thereby be rendered invalid but shall be construed and applied in
accordance with such condition, omission or provision as would have
applied had the same been in full compliance with this Code.
(Added to NRS by 1971, 1719)
1. A binder may be issued only by a resident or nonresident agent
appointed by the insurer which is to issue the policy.
2. Except as provided in subsection 3, a binder must not be
effective for more than 90 days.
3. The effective period of a binder may be extended 30 days at a
time with the written approval of the Commissioner.
(Added to NRS by 1983, 1120)
1. All written binders must be made on forms approved by the
Commissioner.
2. A binder related to a policy of insurance which provides
coverage of less than $1,000,000 must contain a statement printed in at
least 10-point bold type that any person who refuses to accept the binder
as proof of insurance pursuant to the provisions of NRS 687B.186 is subject to the penalties provided in that
section.
3. If a binder is in writing, one copy must be delivered either in
person or by mailing first class to:
(a) The insured; and
(b) The insurer providing coverage under the binder,
Ê within 24 hours after the binder becomes effective.
(Added to NRS by 1983, 1120; A 1985, 1161)
1. A policy which is issued to replace a binder must include:
(a) Limits of coverage which are equal to the limits stated in the
binder; and
(b) An effective date for the policy which is the same as the
effective date of the initial binder.
2. The premium for such a policy must include the charge for the
period covered by the binder and that charge must be in accordance with
rates filed with the Commissioner pursuant to chapter 686B of NRS.
(Added to NRS by 1983, 1120)
An
insurer may not use a binder as a means to lower a premium which an
insured is charged.
(Added to NRS by 1983, 1121)
1. A binder which is issued in accordance with NRS 687B.182 to 687B.187 , inclusive, shall be deemed a policy for the
purpose of proving that a person has insurance coverage.
2. Any party to a contract or other agreement who refuses to
accept such a binder as proof of insurance when that proof is required by
that contract or agreement:
(a) Shall be fined not more than $500.
(b) Is liable to the party presenting the binder as proof of
insurance for actual damages sustained therefrom.
3. The provisions of this section do not apply to a binder related
to a policy of insurance which provides coverage of at least $1,000,000.
(Added to NRS by 1983, 1121; A 1985, 1161)
NRS 687B.182 to 687B.187 , inclusive, do not prevent the exercise of a
right to disapprove of the insurer or its representative on the basis of:
1. The adequacy and terms of the coverage with respect to the
interest of the vendor, lender, lessor or other person providing a
service to the insured;
2. The financial standards to be met by the insurer; or
3. The ability of the insurer or its representative to service the
policy.
(Added to NRS by 1983, 1120)
1. If the original policy is delivered or is so required to be
delivered to or for deposit with any vendor, mortgagee or pledgee of any
motor vehicle, in which policy any interest of the vendee, mortgagor or
pledgor in or with reference to such vehicle is insured, a duplicate of
such policy setting forth the name and address of the insurer, insurance
classification of vehicle, type of coverage, limits of liability,
premiums for the respective coverages and duration of the policy, or
memorandum thereof containing the same such information, shall be
delivered by the vendor, mortgagee or pledgee to each such vendee,
mortgagor or pledgor named in the policy or coming within the group of
persons designated in the policy to be so included. If the policy does
not provide coverage of legal liability for injury to persons or damage
to the property of third parties, a statement of such fact shall be
printed, written or stamped conspicuously on the face of such duplicate
policy or memorandum.
2. This section does not apply to inland marine floater policies.
(Added to NRS by 1971, 1719)
1. The purpose of this section is to confirm and clarify the right
to provide for an assignment by which a person covered by a life or
health insurance policy may divest himself of all incidents of ownership
provided by the policy, including the conversion privileges of the policy.
2. Any person insured under a life or health insurance policy may
make an assignment of all or any part of his incidents of ownership under
the policy, including, but not limited to, the privilege to have issued
to him an individual policy of life or health insurance pursuant to the
provisions of this Code and the right to name a beneficiary. Subject to
the terms of the policy or agreement between the insured, the
policyholder and the insurer relating to assignment of incidents of
ownership thereunder, such an assignment by an insured, whenever made, is
valid for the purpose of vesting in the assignee all of the incidents of
ownership so assigned. Such an assignment does not prejudice the insurer
on account of any payment it may make or individual policy it may issue
prior to receipt of notice of the assignment.
3. This section also applies to contracts issued by organizations
for dental care and nonprofit hospital, medical and dental service
corporations.
(Added to NRS by 1971, 1720; A 1983, 2029)
1. Whenever the proceeds of or payments under a life or health
insurance policy or annuity contract issued before, on or after January
1, 1972, become payable in accordance with the terms of the policy or
contract, or the exercise of any right or privilege thereunder, and the
insurer makes payment thereof in accordance therewith or in accordance
with any written assignment thereof, the person then designated as being
entitled thereto is entitled to receive the proceeds or payments and to
give full acquittance therefor, and the payments fully discharge the
insurer from all claims under the policy or contract unless, before
payment is made, the insurer has received at its home office written
notice by or on behalf of some other person that the other person claims
to be entitled to the payment or some interest in the policy or contract.
2. This section also applies to contracts issued by organizations
for dental care and nonprofit hospital, medical and dental service
corporations.
(Added to NRS by 1971, 1720; A 1983, 2029; 1997, 1625)
Upon
receiving due notice of a claim of loss under an insurance contract
issued or assumed by it, an insurer shall promptly furnish to the insured
claimant such forms of proof of loss as it may require, for completion by
such person, but such insurer shall not, by reason of the requirement so
to furnish forms, have any responsibility for or with reference to the
completion of such proof or the manner of any such completion or
attempted completion.
(Added to NRS by 1971, 1720)
1. Except as otherwise provided in NRS 689A.0405 , 689A.0413 , 689B.031 , 689B.0374 , 695B.1912 , 695B.1914 , 695C.1713 , 695C.1735 and 695G.170 , any contract for group, blanket or
individual health insurance or any contract by a nonprofit hospital,
medical or dental service corporation or organization for dental care
which provides for payment of a certain part of medical or dental care
may require the insured or member to obtain prior authorization for that
care from the insurer or organization. The insurer or organization shall:
(a) File its procedure for obtaining approval of care pursuant to
this section for approval by the Commissioner; and
(b) Respond to any request for approval by the insured or member
pursuant to this section within 20 days after it receives the request.
2. The procedure for prior authorization may not discriminate
among persons licensed to provide the covered care.
(Added to NRS by 1983, 2028; A 1985, 2098; 1997, 307, 1729; 1999,
1943 )
Without
limitation of any right or defense of an insurer otherwise, none of the
following acts by or on behalf of an insurer shall be deemed to
constitute a waiver of any provision of a policy or of any defense of the
insurer thereunder:
1. Acknowledgment of the receipt of notice of loss or claim under
the policy.
2. Furnishing forms for reporting a loss or claim, for giving
information relative thereto, or for making proof of loss, or receiving
or acknowledging receipt of any such forms or proofs completed or
uncompleted.
3. Investigating any loss or claim under any policy or engaging in
negotiations looking toward a possible settlement of any such loss or
claim.
(Added to NRS by 1971, 1721)
1. No payment or payments made by any person, or by his insurer by
virtue of a liability insurance policy, on account of bodily injury or
death or damage to or loss of property of another shall constitute an
admission of liability or waiver of defenses as to such injury, death,
loss or damage, or be admissible in evidence in any action brought
against the insured person or his insurer for damages, indemnity or
benefits arising out of such injury, death, loss or damage, unless
pleaded as a defense to the action.
2. All such payments shall be credited upon any settlement made
by, or judgment rendered in such an action against, the payer or his
insurer, and in favor of any person to whom or on whose account payment
was made.
(Added to NRS by 1971, 1721)
If
an insurer is required to pay a claim, the insurer shall pay that claim
with an instrument which is immediately negotiable. An insurer shall be
deemed to have complied with the provisions of this section if the
insurer enters into an agreement, with a bank located in this state,
which provides that the bank will accept the insurer’s drafts in as
timely a manner as it accepts the insurer’s checks.
(Added to NRS by 1989, 1799)
1. If a policy of insurance, whether issued before, on or after
January 1, 1972, is effected by any person on his own life, or on another
life, in favor of a person other than himself, or, except in cases of
transfer with intent to defraud creditors, if a policy of life insurance
is assigned or in any way made payable to any such person, the lawful
beneficiary or assignee thereof, other than the insured or the person so
effecting such insurance or executors or administrators of the insured or
the person so effecting such insurance, is entitled to its proceeds and
avails against the creditors and representatives of the insured and of
the person effecting the same, whether or not the right to change the
beneficiary is reserved or permitted and whether or not the policy is
made payable to the person whose life is insured or to the executors or
administrators of such person if the beneficiary or assignee predeceases
the person. Except as otherwise provided in this subsection, such
proceeds and avails are exempt from all liability for any debt of the
beneficiary existing at the time the proceeds and avails are made
available for his use. Subject to the statute of limitations, the amount
of any premiums for such insurance paid with intent to defraud creditors,
with interest thereon, inures to the benefit of the creditors from the
proceeds of the policy. The insurer issuing the policy is discharged of
all liability thereon by payment of its proceeds in accordance with its
terms, unless, before the payment, the insurer has received written
notice at its home office, by or in behalf of a creditor, of a claim to
recover for transfer made or premiums paid with intent to defraud
creditors, with specification of the amount claimed along with such facts
as will assist the insurer to ascertain the particular policy.
2. For the purposes of subsection 1, a policy shall also be deemed
to be payable to a person other than the insured if and to the extent
that a facility-of-payment clause or a similar clause in the policy
permits the insurer to discharge its obligation after the death of the
individual insured by paying the death benefits to a person as permitted
by such a clause.
3. This section does not apply to insurance issued pursuant to
this Code to a creditor covering his debtors to the extent that such
proceeds are applied to payment of the obligation for the purpose of
which the insurance was so issued.
(Added to NRS by 1971, 1722; A 1997, 1625)
1. Except as otherwise expressly provided by the policy or
contract, the proceeds and avails of all contracts of health insurance
and of provisions providing benefits on account of the disability of the
insured which are supplemental to life insurance or annuity contracts
effected before, on or after January 1, 1972, are exempt from all
liability for any debt of the insured, and from any debt of the
beneficiary existing at the time the proceeds are made available for his
use.
2. This section does not apply to insurance issued pursuant to
this Code to a creditor covering his debtors to the extent that such
proceeds are applied to payment of the obligation for the purpose of
which the insurance was so issued.
(Added to NRS by 1971, 1722; A 1997, 1626)
1. A policy of group life insurance or group health insurance or
the proceeds thereof payable to the individual insured or to the
beneficiary thereunder shall not be liable, either before or after
payment, to be applied by any legal or equitable process to pay any debt
or liability of such insured individual or his beneficiary or of any
other person having a right under the policy. The proceeds thereof, when
not made payable to a named beneficiary or to a third person pursuant to
a facility-of-payment clause, shall not constitute a part of the estate
of the individual insured for the payment of his debts.
2. This section does not apply to group insurance issued pursuant
to this Code to a creditor covering his debtors, to the extent that such
proceeds are applied to payments of the obligation for the purpose of
which the insurance was so issued.
(Added to NRS by 1971, 1723)
1. The benefits, rights, privileges and options which under any
annuity contract issued prior to or after January 1, 1972, are due or
prospectively due the annuitant shall not be subject to execution nor
shall the annuitant be compelled to exercise any such rights, powers or
options, nor shall creditors be allowed to interfere with or terminate
the contract, except:
(a) As to amounts paid for or as premium on any such annuity with
intent to defraud creditors, with interest thereon, and of which the
creditor has given the insurer written notice at its home office prior to
the making of the payment to the annuitant out of which the creditor
seeks to recover. Any such notice shall specify the amount claimed or
such facts as will enable the insurer to ascertain such amount, and shall
set forth such facts as will enable the insurer to ascertain the annuity
contract, the annuitant and the payment sought to be avoided on the
ground of fraud.
(b) The total exemption of benefits presently due and payable to
any annuitant periodically or at stated times under all annuity contracts
under which he is an annuitant shall not at any time exceed $350 per
month for the length of time represented by such installments, and such
periodic payments in excess of $350 per month shall be subject to
garnishee execution to the same extent as are wages and salaries.
(c) If the total benefits presently due and payable to any
annuitant under all annuity contracts under which he is an annuitant, at
any time exceed payment at the rate of $350 per month, then the court may
order such annuitant to pay to a judgment creditor or apply on the
judgment, in installments, such portion of such excess benefits as to the
court may appear just and proper, after due regard for the reasonable
requirements of the judgment debtor and his family, if dependent upon
him, as well as any payments required to be made by the annuitant to
other creditors under prior court orders.
2. If the contract so provides, the benefits, rights, privileges
or options accruing under such contract to a beneficiary or assignee
shall not be transferable or subject to commutation, and if the benefits
are payable periodically or at stated times, the same exemptions and
exceptions contained in this section for the annuitant shall apply with
respect to such beneficiary or assignee.
(Added to NRS by 1971, 1723)
1. Any life insurer shall have power to hold payment of proceeds,
as has been agreed to in writing by the insurer and the insured or
beneficiary. The insurer shall not be required to segregate funds so held
but may hold them as a part of its general corporate assets.
2. The provisions of this section shall not impair or affect any
rights of creditors under NRS 687B.260 or 687B.290 .
(Added to NRS by 1971, 1724)
1. NRS 687B.310 to 687B.420
, inclusive, apply to all binders and
all contracts of insurance the general terms of which are required to be
approved or are subject to disapproval by the Commissioner, except as
otherwise provided by statute or by rule pursuant to subsection 3.
2. The contract may provide terms more favorable to policyholders
than are required by NRS 687B.310 to
687B.420 , inclusive.
3. The Commissioner may by rule exempt from NRS 687B.310 to 687B.420 , inclusive, classes of insurance contracts
where the policyholders do not need protection against arbitrary
termination.
4. The rights provided by NRS 687B.310 to 687B.420 , inclusive, are in addition to and do not
prejudice any other rights the policyholder may have at common law or
under other statutes.
5. NRS 687B.310 to 687B.420
, inclusive, do not prevent the
rescission or reformation of any life or health insurance contract not
otherwise denied by the terms of the contract or by any other statute.
6. Any notice to an insured required pursuant to NRS 687B.320
to 687B.350 , inclusive, must be personally delivered to
the insured or mailed first class or certified to the insured at his
address last known by the insurer. The notice must state the effective
date of the cancellation or nonrenewal and be accompanied by a written
explanation of the specific reasons for the cancellation or nonrenewal.
(Added to NRS by 1971, 1724; A 1971, 1949; 1983, 1121; 1987, 985,
1063; 1993, 2399; 2003, 3313 )
1. Except as otherwise provided in subsection 3, no insurance
policy that has been in effect for at least 70 days or that has been
renewed may be cancelled by the insurer before the expiration of the
agreed term or 1 year from the effective date of the policy or renewal,
whichever occurs first, except on any one of the following grounds:
(a) Failure to pay a premium when due;
(b) Conviction of the insured of a crime arising out of acts
increasing the hazard insured against;
(c) Discovery of fraud or material misrepresentation in the
obtaining of the policy or in the presentation of a claim thereunder;
(d) Discovery of:
(1) An act or omission; or
(2) A violation of any condition of the policy,
Ê which occurred after the first effective date of the current policy and
substantially and materially increases the hazard insured against;
(e) A material change in the nature or extent of the risk,
occurring after the first effective date of the current policy, which
causes the risk of loss to be substantially and materially increased
beyond that contemplated at the time the policy was issued or last
renewed;
(f) A determination by the Commissioner that continuation of the
insurer’s present volume of premiums would jeopardize the insurer’s
solvency or be hazardous to the interests of policyholders of the
insurer, its creditors or the public; or
(g) A determination by the Commissioner that the continuation of
the policy would violate, or place the insurer in violation of, any
provision of the Code.
2. No cancellation under subsection 1 is effective until in the
case of paragraph (a) of subsection 1 at least 10 days and in the case of
any other paragraph of subsection 1 at least 30 days after the notice is
delivered or mailed to the policyholder.
3. The provisions of this section do not apply to a policy of
industrial insurance.
(Added to NRS by 1971, 1724; A 1987, 986; 2003, 3313 )
1. No policy of industrial insurance that has been in effect for
at least 70 days or that has been renewed may be cancelled by the insurer
before the expiration of the agreed term or 1 year after the effective
date of the policy or renewal, whichever occurs first, except on any one
of the following grounds:
(a) A failure by the policyholder to pay a premium for the policy
of industrial insurance when due, including the failure of the
policyholder to remit an amount due because of an endorsement for a
deductible;
(b) A failure by the policyholder to:
(1) Report any payroll;
(2) Allow the insurer to audit any payroll in accordance
with the terms of the policy or any previous policy issued by the
insurer; or
(3) Pay any additional premium charged because of an audit
of any payroll as required by the terms of the policy or any previous
policy issued by the insurer;
(c) A material failure by the policyholder to comply with any
federal or state order concerning safety or any written recommendation of
the insurer’s designated representative for loss control;
(d) A material change in ownership of the policyholder or any
change in the policyholder’s business or operations that:
(1) Materially increases the hazard for frequency or
severity of loss;
(2) Requires additional or different classifications for the
calculation of premiums; or
(3) Contemplates an activity that is excluded by any
reinsurance treaty of the insurer;
(e) A material misrepresentation made by the policyholder; or
(f) A failure by the policyholder to cooperate with the insurer in
conducting an investigation of a claim.
2. An insurer shall not cancel a policy of industrial insurance
pursuant to paragraph (a) of subsection 1 except upon 10 days’ written
notice submitted by the insurer to the policyholder.
3. Except as otherwise provided in this subsection, an insurer
shall not cancel a policy of industrial insurance pursuant to paragraph
(b), (c), (d), (e) or (f) of subsection 1 except upon 30 days’ written
notice by the insurer to the policyholder. An insurer is not required to
provide a written notice to a policyholder pursuant to this subsection if
the policyholder and the insurer consent to the cancellation of the
policy of industrial insurance and to the reissuance of another policy of
industrial insurance effective upon a material change in the ownership or
operations of the insured. If the policyholder corrects the condition to
the satisfaction of the insurer within the period specified in the policy
of insurance, the insurer shall not cancel the policy.
4. Any written notice submitted to a policyholder pursuant to this
section must be given by first-class mail addressed to the policyholder
at the address of the policyholder set forth in the policy of industrial
insurance. Evidence indicating that a written notice specified in this
section has been mailed is sufficient proof of notice.
5. The provisions of this section do not prohibit, during any
period in which a policy of industrial insurance is in force, any change
in the premium rate required or authorized by any law, regulation or
order of the Commissioner, or otherwise agreed upon by the policyholder
and the insurer.
6. For the purposes of this section, any policy of industrial
insurance that is written for a term of more than 1 year, or any policy
of industrial insurance with no fixed date of expiration, shall be deemed
to be written for successive periods of 1 year.
(Added to NRS by 2003, 3310 ; A 2005, 2134 )
A policy issued for a term
longer than 1 year may be cancelled by the insurer by giving notice of
the cancellation:
1. For commercial or business policies, 60 days before any
anniversary date of the policy.
2. For all other policies, 30 days before any anniversary date of
the policy.
(Added to NRS by 1971, 1725; A 1987, 987)
1. Subject to subsection 2, a policyholder has a right to have his
policy renewed, on the terms then being applied by the insurer to
persons, similarly situated, for an additional period equivalent to the
expiring term if the agreed term is 1 year or less, or for 1 year if the
agreed term is longer than 1 year, unless:
(a) At least 60 days for commercial or business policies; and
(b) At least 30 days for all other policies,
Ê before the date of expiration provided in the policy the insurer mails
or delivers to him a notice of intention not to renew the policy beyond
the agreed expiration date. If an insurer fails to provide a timely
notice of nonrenewal, the insurer shall provide the insured with a policy
of insurance on the identical terms as in the expiring policy.
2. This section does not apply if the policyholder has accepted
replacement coverage or has requested or agreed to nonrenewal, or if the
policy is expressly designated as nonrenewable by a clause approved or
deemed to be approved by the Commissioner.
(Added to NRS by 1971, 1725; A 1971, 1950; 1987, 987)
Each insurer who delivers a policy in this state which is
effective for 1 year or more may, for the period in which the policy is
effective, review annually with the policyholder to whom the policy is
delivered the coverage and benefits provided in the policy.
(Added to NRS by 1995, 1747)
1. Except as otherwise provided in subsection 2, an insurer shall
not renew a policy on different terms, including different rates, unless
the insurer notifies the insured in writing of the different terms or
rates at least 30 days before the expiration of the policy. If the
insurer fails to provide adequate and timely notice, the insurer shall
renew the policy at the expiring terms and rates:
(a) For a period that is equal to the expiring term if the agreed
term is 1 year or less; or
(b) For 1 year if the agreed term is more than 1 year.
2. The provisions of this section do not apply to a policy of
industrial insurance.
(Added to NRS by 1971, 1725; A 1995, 1747; 2003, 3314 )
1. If a policyholder requests information for the renewal of his
policy, an insurer shall provide to the policyholder information
regarding claims paid on behalf of the policyholder. The information must
be provided within 30 working days after the insurer receives a written
request from the policyholder. The insurer may charge the policyholder a
reasonable fee for the information.
2. The Commissioner may adopt regulations to carry out the
provisions of subsection 1.
(Added to NRS by 1991, 2033)
If a notice of
cancellation or nonrenewal under NRS 687B.310 to 687B.420 , inclusive, does not state with reasonable
precision the facts on which the insurer’s decision is based, the insurer
shall supply that information within 6 days after receipt of a written
request by the policyholder. No notice is effective unless it contains
adequate information about the policyholder’s right to make such a
request.
(Added to NRS by 1971, 1725; A 1971, 1950; 1993, 2399; 2003, 3314
)
Except for a notice of cancellation for the
failure to pay a premium when due, no notice required pursuant to NRS
687B.310 to 687B.420 , inclusive, is effective unless it contains
adequate instructions enabling the policyholder to apply for insurance
through any voluntary or mandatory risk-sharing plan established pursuant
to NRS 686B.180 and 686B.200 existing at the time of the notice, for
which the policyholder may be eligible.
(Added to NRS by 1971, 1726; A 1985, 577; 1993, 2400; 2003, 3314
)
There is no liability on the part of and
no cause of action of any nature may arise against any insurer, its
authorized representative, its agents, its employees, or any person
furnishing to the insurer information as to reasons for cancellation or
nonrenewal, for any statement made by them in complying with NRS 687B.310
to 687B.420 , inclusive, or for the providing of
information pertaining thereto.
(Added to NRS by 1971, 1726; A 1993, 2400; 2003, 3315 )
An insurer
shall not cancel, refuse to renew or increase the premium for renewal of
a policy of motor vehicle insurance covering private passenger cars or
commercial vehicles as a result of any claims made under the policy with
respect to which the insured was not at fault.
(Added to NRS by 1987, 1063; A 1997, 3033)
No insurer shall cancel or refuse to renew an automobile
liability insurance policy solely because of the age, residence, race,
color, creed, national origin, ancestry or occupation of anyone who is an
insured.
(Added to NRS by 1971, 1726)
1. No insurer shall refuse to issue, reduce liability limits of,
or increase the premium of any automobile liability insurance policy
issued to a resident of this state for the sole reason that the
policyholder has reached a certain age.
2. Where age is a factor in an increase of rates for an individual
policyholder, the increase must be justified to the Commissioner and the
burden of proving justification is on the insurer. If a medical
examination is required for the purpose of a rate increase, such
examination shall be at the expense of the insurer.
3. This section does not apply to applicants and policyholders
under the age of 25 years.
(Added to NRS by 1973, 251)
1. An insurer which intends to withdraw from providing insurance
for a particular class of insureds shall notify the Commissioner of that
intention at least 60 days before the notice of cancellation or
nonrenewal is delivered or mailed to the insureds.
2. Upon receipt of a written request from an insured, the Division
shall, within 15 days after the receipt of the request, review the ground
for cancellation or nonrenewal. If after the review the Division fails to
find that the insurer can demonstrate the grounds for cancellation or
nonrenewal by clear and convincing evidence, the cancellation or
nonrenewal shall be deemed withdrawn by the insurer and the policy
reinstated or renewed. Such a request for review by the Division must be
made within 30 days after the insured receives the notice of cancellation
or nonrenewal.
(Added to NRS by 1987, 985; A 1991, 1631; 1993, 1918)
An
insurer shall not cancel, fail to renew or renew with altered terms a
policy or contract issued pursuant to chapter 688B , 689A , 689B , 689C , 695A , 695B , 695C , 695D or 695F of NRS unless notice in writing of the proposal is
given to the insured at least 60 days before the date the proposed action
becomes effective. The notice must include, without limitation, any
changes in specific rates by line of coverage.
(Added to NRS by 1989, 1248; A 1993, 1982, 2400, 2405)
1. The Commissioner may adopt regulations relating to the form,
content and sale of policies of insurance which provide for the payment
of expenses which are not covered by Medicare.
2. The Commissioner may adopt regulations relating to the sale of
more than one policy of health insurance to the same person.
3. As used in this section, “Medicare” means the program of health
insurance for aged and disabled persons established pursuant to Title
XVIII of the Social Security Act (42 U.S.C. §§ 1395 et seq.).
(Added to NRS by 1993, 2398)
1. An insurer offering an umbrella policy to an individual shall
obtain a signed disclosure statement from the individual indicating
whether the umbrella policy includes uninsured or underinsured vehicle
coverage.
2. The disclosure statement for an umbrella policy that includes
uninsured or underinsured vehicle coverage must be on a form provided by
the Commissioner or in substantially the following form:
UMBRELLA POLICY DISCLOSURE STATEMENT
UNINSURED/UNDERINSURED VEHICLE COVERAGE
¨ Your Umbrella Policy does provide coverage in excess of the limits of
the uninsured/underinsured vehicle coverage in your primary auto
insurance only if the requirements for the uninsured/underinsured vehicle
coverage in your underlying auto insurance are maintained. Your
uninsured/underinsured vehicle coverage provided by this umbrella policy
is limited to $........ .
I understand and acknowledge the above disclosure.
..................................................
...............................
Insured Date
3. The disclosure statement for an umbrella policy that does not
include uninsured or underinsured vehicle coverage must be on a form
provided by the commissioner or in substantially the following form:
¨ Your Umbrella Liability Policy does not provide any
uninsured/underinsured vehicle coverage.
I understand and acknowledge the above disclosure.
..................................................
...............................
Insured Date
4. As used in this section, “umbrella policy” means a policy that
protects a person against losses in excess of the underlying amount
required to be covered by other policies.
(Added to NRS by 1997, 3031; A 1999, 2801 )
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