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Vegas Law

and last known post office address of the defendant. Promptly upon the filing of the foreign decree and the affidavit, the clerk shall mail notice of the filing of the foreign decree to the defendant at the address given and to the Commissioner and shall make a note of the mailing in the docket. In addition, the Attorney General may mail a notice of the filing of the foreign decree to the defendant and to the Commissioner and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the Attorney General has been filed. No execution or other process for enforcement of a foreign decree filing under this section shall issue until 30 days after the date the decree is filed. 6. If the defendant shows the district court: (a) That an appeal from the foreign decree is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign decree until the appeal is concluded, the time for appeal expires or the stay of execution expires or is vacated upon proof that the defendant has furnished the security for the satisfaction of the decree required by the state in which it was rendered. (b) Any ground upon which enforcement of a decree of any district court of this State would be stayed, the court shall stay enforcement of the foreign decree for an appropriate period, upon requiring the same security for satisfaction of the decree which is required in this State. 7. Any person filing a foreign decree shall pay to the clerk of the court $35. Fees for docketing, transcription or other enforcement proceedings shall be the same as are provided for decrees of the district court. (Added to NRS by 1971, 1685) NRS 685B.080 Penalty; liability for payment of premium taxes. 1. Any unauthorized insurer who transacts any unauthorized act of an insurance business as set forth in the Unauthorized Insurers Act may be fined not more than $10,000 for each act or violation. 2. In addition to the penalties provided in subsection 1, such a violator is liable, personally, jointly and severally with any other person liable therefor, for the payment of premium taxes at the same rate of tax as imposed by law on the premiums of similar coverages written by authorized insurers. (Added to NRS by 1971, 1686; A 1993, 2393; 2003, 3303; 2005, 2131) NRS 685B.083 Penalty for representing or aiding unauthorized insurer. Any producer of insurance or surplus lines broker licensed in this State who in this State knowingly represents or aids an unauthorized insurer in violation of the Unauthorized Insurers Act is guilty of a category B felony and shall be punished as provided in NRS 193.130. (Added to NRS by 2005, 2131) NRS 685B.087 Penalty for unauthorized insurance business. Any insurer who transacts any unauthorized insurance business as set forth in NRS 685B.030 is guilty of a category B felony and shall be punished as provided in NRS 193.130. (Added to NRS by 2005, 2131) FALSE ADVERTISING NRS 685B.090 Short title. This section and NRS 685B.100 and 685B.110 constitute and may be referred to as the Unauthorized Insurers False Advertising Process Act. (Added to NRS by 1971, 1687) NRS 685B.100 Notice to supervisory officer of insurer’s domiciliary state or province. No unauthorized insurer through any estimate, illustration, circular, pamphlet, letter, announcement, statement or any other means or medium shall misrepresent to any person in this State its financial condition or the terms of any contract issued or to be issued by it or the advantages thereof, or the dividends or share to be received thereon. Whenever the Commissioner has reason to believe that any such insurer is so misrepresenting, he shall notify the insurer and the insurance supervisory officer of the insurer’s domiciliary state or province by registered or certified mail. (Added to NRS by 1971, 1687) NRS 685B.110 Action by Commissioner. 1. If within 30 days following the giving of the notice provided for in NRS 685B.100 the insurer has not ceased such dissemination, and if the Commissioner has reason to believe that such insurer is soliciting, issuing or delivering contracts of insurance to residents of this State or collecting premiums on such contracts or performing any other transaction in connection with such insurance, and that a proceeding by him in respect to such matters would be to the interest of the public, he shall take action against such insurer under the provisions of NRS 686A.180 (trade practices act, service of process on unauthorized insurers). 2. If upon such hearing the Commissioner finds that the insurer has misrepresented as referred to in NRS 685B.100, he shall by order on such hearing require the insurer to cease and desist from such violation, and shall mail a copy of the order by registered or certified mail to the insurer at its principal place of business last of record with the Commissioner and to the insurance supervisory officer of the insurer’s domiciliary state or province. Each violation thereafter of such desist order shall subject the insurer to a penalty of $2,000, to be recovered by a civil action brought against the insurer by the Commissioner. Service of process upon the insurer in such action may be made upon the Commissioner pursuant to NRS 685B.050 or 686A.180 or in any other lawful manner. (Added to NRS by 1971, 1687) PERSONS SUBJECT TO REGULATION NRS 685B.120 Person providing specified coverage; exception. 1. Any person who provides coverage in this State for the cost of: (a) Medical care; (b) Surgery; (c) Chiropractic; (d) Physical therapy; (e) Speech pathology; (f) Audiology; (g) Professional care of mental health; (h) Dental care; (i) Hospital care; (j) Ophthalmic care; or (k) Ambulance services, whether the coverage provides for direct payment, reimbursement or any other method of payment, is subject to regulation by the Division and to the provisions of this Code unless he shows that while providing such coverage he is subject to regulation by the Federal Government. 2. A nonprofit corporation that provides prepaid ambulance services is not subject to regulation by the Division or to the provisions of this Code if the corporation presents evidence satisfactory to the Commissioner that the corporation is subject to regulation by a political subdivision of this State pursuant to an exclusive franchise which limits the number of times any such prepaid services may be used to a defined number that are medically necessary. (Added to NRS by 1983, 959; A 1991, 1628; 1993, 1917, 2593; 1995, 579) NRS 685B.130 Proof of regulation by Federal Government. A person may show that he is subject to regulation by an agency of the Federal Government by providing the Commissioner with the appropriate certificate or other document which permits the person to provide those services. (Added to NRS by 1983, 960) NRS 685B.140 Submission to examination of Commissioner. Any person who is unable to show, upon request by the Commissioner, that he is subject to regulation by an agency of the Federal Government or, if he is providing prepaid ambulance services, by a political subdivision of this State pursuant to an exclusive franchise, shall submit to an examination by the Commissioner to determine the organization and solvency of the person and to determine whether he is in compliance with the applicable provisions of this Code. (Added to NRS by 1983, 960; A 1993, 2593) NRS 685B.150 Information to be provided to agents, brokers and others. An administrator who advertises or administers coverage in this State which is: 1. Of a kind described in NRS 685B.120; and 2. Provided by a person described in NRS 685B.140, shall inform each

Vegas Law




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