Vegas Law



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Nevada Injury Law

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Vegas Law

ccurrence, the insurer shall notify the Commissioner and Attorney General in writing of the insurer’s reasons for the suspicion. 2. Any insurer making such a report shall provide the Commissioner and Attorney General with any information the insurer obtained during its investigation of the claim. 3. If the loss referred to in subsection 1 is believed to be caused by fire, the insurer shall also so notify an investigative or law enforcement agency. (Added to NRS by 1983, 1387; A 2001, 1097) NRS 686A.287 Provision by insurer of information concerning fraud upon request by Attorney General, Commissioner or certain agencies. 1. Every insurer shall provide information concerning insurance fraud to the Attorney General, the Commissioner, any investigative or law enforcement agency or any agency of the Federal Government, if the insurer receives a request in writing for that information. 2. The information requested from an insurer may include: (a) Information about the policy of insurance on the property which was demolished or destroyed, including information from the application for insurance; (b) Information on previous claims made by the insured; (c) Records of the premiums paid for the policy of insurance; and (d) Information concerning the insurer’s investigation of the claim, including statements of any person, information submitted as proof of the loss or any other relevant information on the claim. (Added to NRS by 1983, 1387; A 2001, 1097) NRS 686A.289 Provision to insurer of information concerning fraud upon completion of investigation or prosecution; confidentiality of information. 1. Any insurer giving information to the Attorney General, the Commissioner or any investigative or law enforcement agency concerning an act or omission alleged to be insurance fraud is entitled to receive, upon completion of the investigation or prosecution of the insurance fraud, whichever occurs later, any relevant information concerning the fraudulent activity. 2. The Attorney General, the Commissioner or any investigative or law enforcement agency receiving information from another person, agency or insurer shall: (a) Keep the information confidential and not release the information except pursuant to subsection 1; (b) Provide information concerning its investigation of the insurance fraud to the insurer reporting the fraudulent activity upon the completion of its investigation or a criminal prosecution, whichever occurs later; and (c) Provide any documents necessary or allow its employees or agents to testify in any action by or against the insurer if the insurer or its insured furnished the information for the investigation or a criminal prosecution. (Added to NRS by 1983, 1388; A 2001, 1097) NRS 686A.290 Applications for insurance: Prohibited acts and penalties. 1. An agent, broker, solicitor, examining physician, applicant or other person shall not knowingly or willfully make any false or fraudulent statement or representation in or with reference to any application for insurance. 2. A person who violates this section is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution. (Added to NRS by 1971, 1697; A 1977, 153; 1983, 1388; 1995, 1318) NRS 686A.291 Criminal penalty for insurance fraud. A person who commits insurance fraud is guilty of a category D felony and shall be punished as provided in NRS 193.130. (Added to NRS by 1983, 1388; A 1991, 1042; 1995, 1318, 2698; 1997, 1541; 2001, 1098) NRS 686A.292 Additional penalties for insurance fraud; payment of expenses of Fraud Control Unit; persons who are victims for purposes of restitution. 1. A court may, in addition to imposing the penalties set forth in NRS 193.130, order a person who is convicted of, or who pleads guilty or nolo contendere to, insurance fraud to pay: (a) Court costs; and (b) The cost of the investigation and prosecution of the insurance fraud for which the person was convicted or to which the person pleaded guilty or nolo contendere. 2. Any money received by the Attorney General pursuant to paragraph (b) of subsection 1 must be accounted for separately and used to pay the expenses of the Fraud Control Unit for Insurance established pursuant to NRS 228.412, and is hereby authorized for expenditure for that purpose. The money in the account does not revert to the State General Fund at the end of any fiscal year and must be carried forward to the next fiscal year. 3. An insurer or other organization, or any other person, subject to the jurisdiction of the Commissioner pursuant to this title shall be deemed to be a victim for the purposes of restitution in a case that involves insurance fraud or that is related to a claim of insurance fraud. (Added to NRS by 2001, 1096) NRS 686A.295 Commissioner and Attorney General to notify agency when person licensed by or registered with agency is convicted of insurance fraud; agency to submit report to Legislature setting forth action taken. If a person who is licensed or registered under the laws of the State of Nevada to engage in a business or profession is convicted of or pleads guilty to engaging in an act of insurance fraud, the Commissioner and the Attorney General shall forward to each agency by which the convicted person is licensed or registered a copy of the conviction or plea and all supporting evidence of the act of insurance fraud. An agency that receives information from the Commissioner and Attorney General pursuant to this section shall, not later than 1 year after the date on which it receives the information, submit a report which sets forth the action taken by the agency against the convicted person, including, but not limited to, the revocation or suspension of the license or any other disciplinary action, to the Director of the Legislative Counsel Bureau for transmittal to the Legislature. (Added to NRS by 1997; 1540; A 2001, 1099) CLAIMS NRS 686A.300 Delay in payment of claim for damages to motor vehicle after receipt of statement of charges prohibited; settling claim without providing for repair of vehicle permitted; exception. 1. An insurer who issues insurance covering damage to a motor vehicle shall not delay making payment for any claim involving damage to a motor vehicle after receiving a statement of charges, pursuant to the provisions of NRS 487.035, from any garage or licensed body shop previously authorized by the insured to perform the repairs required by that claim. 2. A delay, within the meaning of this section, is failure to issue a check or draft, payable to the garage or licensed body shop or jointly to the insured and the garage or licensed body shop, within 30 days after the insurer’s receipt of the statement of charges for repairs which have been satisfactorily completed. 3. If the damaged vehicle is subject to a security interest or the legal owner of the damaged vehicle is different from the registered owner, the vehicle must be repaired by a garage or licensed body shop unless: (a) The insurer has declared the vehicle a total loss; or (b) The total charge for the repair of the vehicle, as set forth in the statement of charges presented pursuant to NRS 487.035, is $300 or less. 4. Except as otherwise provided in subsection 3, nothing in this section shall be deemed to prohibit an insurer and insured from settling a claim involving damage to a motor vehicle without providing for the repair of the vehicle. 5. As used in this section, “licensed body shop” means a body shop for which a license has been issued pursuant to chapter 487 of NRS. (Added to NRS by 1973, 977; A 1987, 1098; 1993, 338) NRS 686A.310 Unfair practices in settling claims; liability of insurer for damages.

Vegas Law




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