|
Wrongful Death |
Car Accident |
Slip & Fall | Malpractice |
Product Defect | Other Claims
Las Vegas Injury Lawyer
Vegas Law
in NRS 685B.030 by any unauthorized insurer is equivalent to and constitutes an irrevocable appointment by such an insurer, binding upon him, his executor or administrator, or successor in interest if a corporation, of the Commissioner or his successor in office, to be the true and lawful attorney of such an insurer upon whom may be served all lawful process in any action, suit or proceeding in any court by the Commissioner or by the State and upon whom may be served any notice, order, pleading or process in any proceeding before the Commissioner and which arises out of transacting an insurance business in this state by such an insurer. Any act of transacting an insurance business in this state by any unauthorized insurer is signification of its agreement that any such lawful process in such a court action, suit or proceeding and any such notice, order, pleading or process in such an administrative proceeding before the Commissioner so served is of the same legal force and validity as personal service or process in this state upon such an insurer.
2. Service of process in such an action must be made by delivering to and leaving with the Commissioner, or some person in apparent charge of his office, two copies thereof and by payment to the Commissioner of the fee prescribed by law. Service upon the Commissioner as attorney is service upon the principal.
3. The Commissioner shall forthwith forward by certified mail one of the copies of such process or such notice, order, pleading or process in proceedings before the Commissioner to the defendant in such a court proceeding or to whom the notice, order, pleading or process in such an administrative proceeding is addressed or directed at its last known principal place of business and shall keep a record of all process so served on him which must show the day and hour of service. Such service is sufficient if:
(a) Notice of such service and a copy of the court process or the notice, order, pleading or process in such an administrative proceeding are sent within 10 days thereafter by certified mail by the plaintiff or the plaintiff’s attorney in the court proceeding or by the Commissioner in the administrative proceeding to the defendant in the court proceeding or to whom the notice, order, pleading or process in such an administrative proceeding is addressed or directed at the last known principal place of business of the defendant in the court or administrative proceeding.
(b) The defendant’s receipt or receipts issued by the post office with which the letter is certified, showing the name of the sender of the letter and the name and address of the person or insurer to whom the letter is addressed, and an affidavit of the plaintiff or the plaintiff’s attorney in a court proceeding or of the Commissioner in an administrative proceeding, showing compliance therewith are filed with the clerk of the court in which such an action, suit or proceeding is pending or with the Commissioner in administrative proceedings, on or before the date the defendant in the court or administrative proceedings is required to appear or respond thereto, or within such further time as the court or Commissioner may allow.
4. No plaintiff is entitled to a judgment or determination by default in any court or administrative proceeding in which court process or notice, order, pleading or process in proceedings before the Commissioner is served under this section until 45 days after the date of filing of the affidavit of compliance.
5. For the purposes of this section, “process” in an action in a court includes only a summons or the initial documents served in such an action. The Commissioner is not required to serve any documents in such an action after the initial service of process.
6. Nothing in this section limits or affects the right to serve any process, notice, order or demand upon any person or insurer in any other manner permitted by law.
(Added to NRS by 1971, 1683; A 1985, 611)
NRS 685B.060 Bond for defense of action.
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 he 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 his discretion 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)
NRS 685B.070 Enforcement of foreign decrees.
1. As used in this section:
(a) “Foreign decree” means any decree or order in equity of a court located in a reciprocal state, including a court of the United States located therein, against any insurer incorporated or authorized to do business in this State.
(b) “Qualified party” means a state regulatory agency acting in its capacity to enforce the insurance laws of its state.
(c) “Reciprocal state” means any state or territory of the United States the laws of which contain procedures substantially similar to those specified in this section for the enforcement of decrees or orders in equity issued by courts located in other states or territories of the United States, against any insurer incorporated or authorized to do business in such state or territory.
2. The Attorney General upon request of the Commissioner may proceed in the courts of this State or any reciprocal state to enforce an order or decision in any court proceeding or in any administrative proceeding before the Commissioner.
3. The Commissioner shall determine which states and territories qualify as reciprocal states and shall maintain at all times an up-to-date list of such states.
4. A copy of any foreign decree authenticated in accordance with federal statutes may be filed in the office of the clerk of any district court of this State. The clerk, upon verifying with the Commissioner that the decree or order qualified as a foreign decree shall treat the foreign decree in the same manner as a decree of a district court of this State. A foreign decree so filed has the same effect and shall be deemed as a decree of a district court of this State, and is subject to the same procedures, defenses and proceedings for reopening, vacating or staying as a decree of a district court of this State and may be enforced or satisfied in like manner.
5. At the time of the filing of the foreign decree, the Attorney General shall make and file with the clerk of the court an affidavit setting forth the name
Vegas Law
Read this important disclaimer
If you experience unusual problems with this site please email the webmaster.
Copyright: David Matheny, 2005-2008.
|