fore January 1, 1972. (d) Transactions in this State relative to a policy issued or to be issued outside this State involving insurance on vessels, craft or hulls, cargoes, marine builder’s risk, marine protection and indemnity or other risk, including strikes and war risks commonly insured under ocean or wet marine forms of policy. 3. Any of the following acts in this State effected by mail or otherwise by or on behalf of an unauthorized insurer constitutes the transaction of an insurance business in this State: (a) The making of or proposing to make, as an insurer, an insurance contract. (b) The making of or proposing to make, as guarantor or surety, any contract of guaranty or suretyship as a vocation and not merely incidental to any other legitimate business or activity of the guarantor or surety. (c) The taking or receiving of any application for insurance. (d) The receiving or collection of any premium, commission, membership fees, assessments, dues or other consideration for any insurance or any part thereof. (e) The issuance or delivery of contracts of insurance to residents of this State or to persons authorized to do business in this State. (f) Directly or indirectly acting as an agent for or otherwise representing or aiding on behalf of another any person or insurer in the solicitation, negotiation, procurement or effectuation of insurance or renewals thereof or in the dissemination of information as to coverage or rates, or forwarding of applications, or delivery of policies or contracts, or inspection of risks, a fixing of rates or investigation or adjustment of claims or losses or in the transaction of matters after effectuation of the contract and arising out of it, or in any other manner representing or assisting a person or insurer in the transaction of insurance with respect to subjects of insurance that are resident, located or to be performed in this State. The provisions of this paragraph do not prohibit full-time salaried employees of a corporate insured from acting in the capacity of an insurance manager or buyer in placing insurance on behalf of such an employer. (g) The transaction of any kind of insurance business specifically recognized as transacting an insurance business within the meaning of the statutes relating to insurance. (h) The transacting or proposing to transact any insurance business in substance equivalent to any of the provisions of paragraphs (a) to (g), inclusive, in a manner designed to evade the provisions of the statutes. 4. The venue of an act committed by mail is at the point where the matter transmitted by mail is delivered and takes effect. 5. The failure of an insurer transacting insurance business in this State to obtain a certificate of authority does not impair the validity of any act or contract of the insurer and does not prevent the insurer from defending any action at law or suit in equity in any court of this State, except that no insurer transacting insurance business in this State without a certificate of authority may maintain an action in any court of this State to enforce any right, claim or demand arising out of the transaction of such business until the insurer has obtained a certificate of authority. In the event of a failure by an unauthorized insurer to pay any claim or loss within the provisions of an insurance contract, any person who assisted or in any manner aided directly or indirectly in the procurement of the insurance contract is liable to the insured for the full amount of the claim or loss in the manner provided by the provisions of the insurance contract. (Added to NRS by 1971, 1681; A 1971, 1940; 1987, 485; 1991, 2032; 1993, 2391) NRS 685B.035 Remedies available to Commissioner; statute of limitations for commencement of proceedings. 1. If the Commissioner has reason to believe that an insurer has committed or engaged in, is committing or engaging in, or is about to commit or engage in any practice, transaction or act prohibited by NRS 685B.030, he may: (a) Apply to the district court for injunctive relief pursuant to NRS 685B.040 and for an order imposing an administrative fine pursuant to NRS 685B.080; (b) Issue a statement of charges and a notice of an administrative hearing to be held before the Commissioner on those charges and serve the statement and notice upon the person so charged; or (c) Issue a cease and desist order if the Commissioner deems, in his discretion, that the insurer’s conduct is injurious to the rights and interests of the public or policyholders in this State and that emergency action is imperatively required. If the Commissioner issues a cease and desist order pursuant to this paragraph, he shall hold a hearing within 30 days after a request by the insurer in accordance with the provisions of NRS 679B.310. 2. Any statement of charges and notice of an administrative hearing pursuant to this section must be: (a) Issued as provided in NRS 679B.320; and (b) Served personally or by certified or registered mail. 3. After the Commissioner conducts a hearing pursuant to this section, he 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 title, the Commissioner: (a) Shall order the person to cease and desist from that practice; (b) May order the person to pay an administrative fine pursuant to NRS 685B.080; and (c) Shall order the person to pay premium taxes at the same rate of tax as imposed by law on the premiums of similar coverages written by authorized insurers. If the person fails to pay premium taxes on or before March 1 of the year in which the taxes are due, the person is liable for the penalties set forth in NRS 685A.190. 4. The Commissioner may modify or set aside, in whole or in part, any order issued by him pursuant to this section, but any such action must be made before the expiration of the time for taking an appeal or before the official record of the proceeding has been filed with the court. 5. An order issued pursuant to this section: (a) May be reviewed pursuant to NRS 679B.370. (b) Becomes final: (1) Upon the expiration of the time for taking an appeal, if no petition for judicial review has been filed; or (2) Upon the final decision of the court. 6. If a person violates an order issued pursuant to this section, the Commissioner may, after notice and a hearing, impose an administrative fine of not more than $5,000 for each violation. 7. The Commissioner shall not, sooner than 1 year after the date on which an order pursuant to this section has been issued, grant an authorization as a surplus lines insurer or issue any license pursuant to this title to the violator. 8. Except as otherwise provided by specific statute, the Commissioner shall commence a proceeding pursuant to this section against a person for committing an act of unauthorized insurance not later than 5 years after the date on which the act occurred. (Added to NRS by 1993, 2391; A 1995, 1620; 1997, 3030) NRS 685B.040 Injunctive relief. 1. Whenever the Commissioner believes, from evidence satisfactory to him, 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) NRS 685B.050 Service of process on unauthorized insurer. 1. Any act of transacting an insurance business as set forth

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