Termination of appointment, employment or other relationship of producer to insurer
- civil immunity for provision of certain information regarding termination.
1.An insurer or its authorized representative who terminates the appointment, employment or other relationship of a producer of insurance to the insurer for any reason shall notify the Commissioner within 30 days after the effective date of the termination, in a form prescribed by the Commissioner. The insurer shall provide additional information or documents if so requested in writing by the Commissioner.
2.If the reason for termination is an activity described in NRS 683A.451 as a cause for disciplinary action or the insurer knows that the producer has been found to have engaged in such an activity by a court, governmental agency or self-regulatory organization authorized by law, the insurer or its authorized representative shall notify the Commissioner, in a form acceptable to the Commissioner, if upon further review or investigation the insurer discovers additional information that would have been reportable originally to the Commissioner if the insurer had then known it.
3.Within 15 days after notifying the Commissioner under subsection 1 or 2, the insurer shall mail a copy of the notification to the producer of insurance at his or her last known address. If the termination was for an activity described in subsection 2, the copy must be sent by certified mail, return receipt requested, or by overnight delivery using a nationally recognized carrier.
4.Within 30 days after the producer has received the original or additional notification, the producer may file written comments concerning the substance of the notification with the Commissioner. The producer shall send a copy of the comments, by the same means and at the same time, to the reporting insurer. The comments become a part of the Commissioner’s file and must accompany every copy of the underlying report that is distributed or disclosed by the Commissioner.
5.In the absence of actual malice, an insurer, its authorized representative, a producer of insurance, the Commissioner, and any organization of which the Commissioner is a member which compiles information and makes it available to other commissioners of insurance or to regulatory or law enforcement agencies are not subject to civil liability, and no cause of action arises against any of them or their respective agents or employees, as a result of any statement or information required by or provided pursuant to this section or any statement by a terminating insurer or a producer to another insurer or producer limited to whether a termination for a cause described in subsection 2 was reported to the Commissioner, if in the latter case the propriety of termination for that cause is certified in writing by an officer or authorized representative of the insurer or by the producer.
6.In an action brought against a person who may have immunity under subsection 5 for making a statement or providing information required by this section or requested by the Commissioner under this section, the plaintiff must plead specifically that subsection 5 does not apply because the person making the statement or providing the information did so with actual malice.
7.Subsections 5 and 6 do not abrogate or modify any other privilege or immunity under statute or the common law.
Section 683A.331 — Termination of appointment, employment or other relationship of producer to insurer; civil immunity for provision of certain information regarding termination.,