NRS 679A.190 Disciplinaryproceeding, fine and penalty authorized after expiration or voluntary surrenderof license or certificate issued pursuant to Code.

NRS 679A.200 Prohibitingfee to include provider of health care on panel of providers; penalty; award ofcosts and attorneys fees.

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NRS 679A.010 Shorttitle. This title shall be known and may becited as the Nevada Insurance Code.

(Added to NRS by 1971, 1557)

NRS 679A.020 Definitions. As used in this Code, unless the context otherwiserequires, the words and terms defined in NRS679A.030 to 679A.130, inclusive,have the meanings ascribed to them in those sections.

(Added to NRS by 1971, 1557; A 1983, 1933; 1991,1613; 1993, 1897; 2001,2179)

NRS 679A.030 Authorizedand unauthorized insurer defined.

1. An authorized insurer is one authorized totransact insurance or reinsurance in this State under a subsisting certificateof authority issued by the Commissioner.

2. An unauthorized insurer is one not so authorized.

(Added to NRS by 1971, 1557; A 1987, 641)

NRS 679A.040 Bonafide resident defined. Bona fide residentmeans a person who actually resides in this state with domiciliary intent.

(Added to NRS by 1971, 1558)

NRS 679A.050 Codedefined. Code means the Nevada InsuranceCode.

(Added to NRS by 1971, 1558)

NRS 679A.060 Commissionerdefined. Commissioner means the Commissionerof Insurance.

(Added to NRS by 1971, 1558)

NRS 679A.085 Divisiondefined. Division means the Division of Insuranceof the Department of Business and Industry.

(Added to NRS by 1993, 1897)

NRS 679A.090 Domestic,foreign and alien insurer defined.

1. A domestic insurer is one:

(a) Formed under the laws of Nevada, unless it hasconverted into a foreign insurer; or

(b) Which has converted into a domestic insurer.

2. A foreign insurer is one:

(a) Formed under the laws of any jurisdiction otherthan this state, unless it has converted into a domestic insurer; or

(b) Which has converted into a foreign insurer.

3. An alien insurer is one formed under the laws ofany country other than the United States of America or any of its states.

4. Except where distinguished by context, foreigninsurer includes also alien insurer.

(Added to NRS by 1971, 1558; A 1983, 683)

NRS 679A.095 Hospicecare defined. Hospice care has the meaningascribed to it in NRS 449.0115.

(Added to NRS by 1983, 1933; A 1989, 1031)

NRS 679A.100 Insurerdefined. Insurer includes every personengaged as principal and as indemnitor, surety or contractor in the business ofentering into contracts of insurance.

(Added to NRS by 1971, 1558)

NRS 679A.110 Individualdefined. An individual is a natural person.

(Added to NRS by 1971, 1559; A 1985, 537)

NRS 679A.112 Policydefined. Policy means the written contractof or written agreement for or effecting insurance, by whatever name called,and includes all clauses, riders, endorsements and papers which are a partthereof.

(Added to NRS by 1981, 1141)

NRS 679A.115 Premiumdefined. Premium means the consideration forinsurance, by whatever name called. The term includes any assessment, or anymembership, policy, survey, inspection, service or similar fee orother charge assessed or collected by the insurer or his agent in considerationfor an insurance contract or its procurement.

(Added to NRS by 1981, 1141)

NRS 679A.117 Producerof insurance defined. Producer of insurancemeans a person required to be licensed under the laws of this state to sell,solicit or negotiate insurance.

(Added to NRS by 2001, 2179)

NRS 679A.118 Providerof insurance defined. Provider of insuranceincludes an insurer, producer of insurance, managing general agent, third-partyadministrator, organization composed of or using preferred providers of healthcare, health maintenance organization, commercial bank, trust company, savingsand loan association, credit union, thrift company, financial holding company,affiliate or subsidiary of an insurer or financial holding company,broker-dealer in securities, mortgage lender, and any other person engaged inthe business of insurance.

(Added to NRS by 2001, 2179)

NRS 679A.120 Statedefined. When used in context signifying ajurisdiction other than the State of Nevada, state means any state, district,commonwealth, territory or possession of the United States of America.

(Added to NRS by 1971, 1559; A 1983, 154)

NRS 679A.130 Transactinginsurance defined. In addition to other aspectsof insurance operations to which provisions of this Code by their terms apply,transact with respect to a business of insurance includes any of thefollowing, by mail or otherwise or whether or not for the purpose of profit:

1. Solicitation or inducement.

2. Negotiations.

3. Effectuation of a contract of insurance.

4. Transaction of matters subsequent to effectuationand arising out of such a contract.

(Added to NRS by 1971, 1559)

NRS 679A.140 Purposes;construction.

1. The purposes of this Code are to:

(a) Protect policyholders and all having an interestunder insurance policies;

(b) Implement the public interest in the business ofinsurance;

(c) Provide adequate standards of solidity of insurers,and of integrity and competence in conduct of their affairs in the home officesand in the field;

(d) Improve and thereby preserve state regulation ofinsurance;

(e) Insure that policyholders, claimants and insurers aretreated fairly and equitably;

(f) Encourage full cooperation of the office ofCommissioner with other regulatory bodies, both of this and other states and ofthe Federal Government;

(g) Insure that the State has an adequate and healthyinsurance market characterized by competitive conditions and the exercise ofinitiative;

(h) Prevent misleading, unfair and monopolisticpractices in insurance operations; and

(i) Continue to provide the State of Nevada with acomprehensive, modern and adequate body of law, in response to the McCarran Act(Public Law 15, 79th Congress, 15 U.S.C. 1011 to 1015, inclusive), for theeffective regulation and supervision of insurance business transacted within,or affecting interests of the people of this state.

2. The provisions of this Code shall be givenreasonable and liberal construction for the fulfillment of these purposes.

(Added to NRS by 1971, 1559)

NRS 679A.150 Compliancerequired. No person shall transact a businessof insurance in Nevada, or relative to a subject of insurance resident, locatedor to be performed in Nevada or elsewhere, without complying with theapplicable provisions of this Code.

(Added to NRS by 1971, 1560)

NRS 679A.160 Applicationof Code to particular types of insurers. Exceptas otherwise provided by specific statute, no provision of this Code appliesto:

1. Fraternal benefit societies, as identified in chapter 695A of NRS, except as stated in chapter 695A of NRS.

2. Hospital, medical or dental service corporations,as identified in chapter 695B of NRS, exceptas stated in chapter 695B of NRS.

3. Motor clubs, as identified in chapter 696A of NRS, except as stated in chapter 696A of NRS.

4. Bail agents, as identified in chapter 697 of NRS, except as stated in NRS 680B.025 to 680B.039, inclusive, and chapter 697 of NRS.

5. Risk retention groups, as identified in chapter 695E of NRS, except as stated in chapter 695E of NRS.

6. Captive insurers, as identified in chapter 694C of NRS, with respect to theiractivities as captive insurers, except as stated in chapter 694C of NRS.

7. Health and welfare plans arising out of collectivebargaining under chapter 288 of NRS, exceptthat the Commissioner may review the plan to ensure that the benefits arereasonable in relation to the premiums and that the fund is financially sound.

(Added to NRS by 1971, 1560; A 1971, 1931; 1983, 712;1987, 1333; 1993, 2381; 1995, 467; 1997, 299, 3374; 1999, 3217)

NRS 679A.165 Requiredmanner of obtaining insurance. A person who isrequired by statute to obtain insurance or any other type of security as acondition of licensure or conducting business must obtain the insurance orother security in the manner set forth in NRS277.067, 277.069 or 277.0695 or from an insurer who islicensed or otherwise allowed to transact insurance under this title.

(Added to NRS by 1993, 2380)

NRS 679A.170 Particularprovisions prevail. Provisions of this Coderelative to a particular kind of insurance or type of insurer or particularmatter shall prevail over provisions relating to insurance in general orinsurers in general or to such matter in general.

(Added to NRS by 1971, 1560)

NRS 679A.180 Generalpenalty; penalty in addition to administrative discipline.

1. Unless the same is defined as a felony under anyother law of this state, or punishment provided therefor classifies itotherwise, every violation of any provision of this Code is a misdemeanor.

2. Every penalty imposed by this Code shall be inaddition to any applicable suspension, revocation or denial of a license orcertificate of authority.

(Added to NRS by 1971, 1560)

NRS 679A.190 Disciplinaryproceeding, fine and penalty authorized after expiration or voluntary surrenderof license or certificate issued pursuant to Code. Theexpiration or voluntary surrender of a license or certificate issued pursuant tothe provisions of this Code does not:

1. Prohibit the Commissioner from initiating orcontinuing a disciplinary proceeding against the holder of the license orcertificate; or

2. Prevent the imposition or collection of any fine orpenalty authorized pursuant to the provisions of this Code against the holderof the license or certificate.

(Added to NRS by 1999, 2783)

NRS 679A.200 Prohibitingfee to include provider of health care on panel of providers; penalty; award ofcosts and attorneys fees.

1. If an organization establishes a panel of providersof health care and makes the panel available for use by an insurer whenoffering health care services pursuant to chapter689A, 689B, 689C, 695A, 695B or 695Cof NRS, the organization shall not charge the insurer or a provider of healthcare:

(a) A fee to include the name of the provider on thepanel of providers of health care; or

(b) Any other fee related to establishing a provider ofhealth care as a provider for the organization.

2. If an organization violates the provisions ofsubsection 1, the organization shall pay to the insurer or provider of healthcare, as appropriate, an amount that is equal to twice the fee charged to theinsurer or provider of health care.

3. A court shall award costs and reasonable attorneysfees to the prevailing party in an action brought pursuant to this section.

4. In addition to any relief granted pursuant to thissection, if an organization violates the provisions of subsection 1, and if aninsurer offering health care services pursuant to chapter689A, 689B, 689C, 695A, 695B or 695Cof NRS has a contract with or otherwise uses the services of the organization,the Division shall require the insurer to suspend its performance under thecontract or discontinue using those services until the organization, as determinedby the Division:

�a) Complies with the provisions of subsection 1; and

(b) Refunds to all providers of health care any feesobtained by the organization in violation of subsection 1.

(Added to NRS by 2003, 3349)

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