Nevada Revised Statutes 685A.200 – Suit against unauthorized insurers; venue; process
1. An unauthorized insurer effecting insurance under the provisions of the Nonadmitted Insurance Law shall be deemed to be transacting insurance in this state as an unlicensed insurer and may be sued in a district court of this state upon any cause of action arising against it in this state under any insurance contract entered into by it under this chapter.
Terms Used In Nevada Revised Statutes 685A.200
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Service of process: The service of writs or summonses to the appropriate party.
- Summons: Another word for subpoena used by the criminal justice system.
2. Service of process against an unauthorized insurer affecting insurance under the provisions of this chapter must be made in accordance with NRS 680A.260. If no person is designated to receive process in the policy, the Division shall in like manner forward a copy of the process to the broker through whom the insurance was procured, or to the insurer at its principal place of business, addressed to the address of the broker or insurer, as the case may be, last of record with the Division. Upon service of process upon the Commissioner and the Division’s forwarding of such service of process in accordance with this subsection, the court shall be deemed to have jurisdiction in personam of the unauthorized insurer.
3. The defendant unauthorized insurer has 40 days from the date of service of the summons and complaint upon the Commissioner within which to plead, answer or defend any such suit.
4. An unauthorized insurer entering into an insurance contract under the provisions of this chapter shall be deemed thereby to have authorized service of process against it in the manner and to the effect provided in this section. Any such contract, if issued, must contain a provision stating the substance of this section and designating the person to whom the Division shall forward process as provided in subsection 2.
5. For the purposes of this section, ‘process’ includes only a summons or the initial documents served in an action. The Commissioner or an authorized representative of the Commissioner is not required to serve any documents after the initial service of process.