NRS 686C.200
Subrogation.


1.

A person receiving benefits under this chapter shall be deemed to have assigned his or her rights under, and any causes of action against any person for losses arising under, resulting from or otherwise relating to, the covered policy or contract to the Association to the extent of the benefits received because of this chapter, whether the benefits are payments of or on account of contractual obligations, continuation of coverage or provision of substitute or alternative coverages. The Association may require an assignment to it of those rights and causes of action by any payee, owner of a policy or contract, beneficiary, insured or annuitant as a condition precedent to the receipt of any rights or benefits conferred by this chapter upon that person.

2.

The rights of the Association to subrogation under this subsection have the same priority against the assets of the impaired or insolvent insurer as that possessed by the person entitled to receive benefits under this chapter.

3.

In addition to the rights provided under subsections 1 and 2, the Association has all rights of subrogation at common law and any other equitable or legal remedy which would have been available to the impaired or insolvent insurer or the owner, beneficiary or payee of a policy or contract with respect to the policy or contract, including, in the case of a structured settlement annuity, any rights of the owner, beneficiary or payee of the annuity, to the extent of benefits received under this chapter, against a person originally or by succession responsible for the losses arising from the personal injury relating to the annuity or payment for it, except any such person responsible solely by reason of serving as an assignee under section 130 of the Internal Revenue Code, 26 U.S.C. § 130.

4.

If the provisions of subsections 1, 2 and 3 are invalid or ineffective with respect to any person or any claim for any reason, the amount payable to the Association with respect to the related covered obligations is reduced by the amount realized by any other person with respect to the person or claim which is attributable to the policies or portions thereof covered by the Association.

5.

If the Association has provided benefits with respect to a covered obligation and a person recovers amounts as to which the Association has rights under subsections 1 to 4, inclusive, the person shall pay to the Association the portion of the recovery attributable to the policies or portions thereof covered by the Association.

Source: Section 686C.200 — Subrogation., https://www.­leg.­state.­nv.­us/NRS/NRS-686C.­html#NRS686CSec200.

686C.130
Creation of Association
686C.140
Board of Directors: Members
686C.150
Powers regarding impaired insurers.
686C.152
Duties regarding insolvent insurers.
686C.153
Provision of substitute benefits and coverage with respect to covered policies or contracts.
686C.154
Alternative policies or contracts: Adoption
686C.155
Ensuring of payment or credit of guaranteed minimum interest rate.
686C.156
Issuance of substitute coverage for policy or contract that uses external reference for calculating returns or changes in value.
686C.158
Payment of premiums
686C.160
Imposition of restraints on insurers.
686C.170
Liability for guaranty provided by laws of another state or jurisdiction.
686C.175
Receipt and disposition of deposit held pursuant to law or required by Commissioner for benefit of creditors.
686C.180
Provision of assistance to Commissioner.
686C.190
Legal standing.
686C.200
Subrogation.
686C.210
Limitations on obligations.
686C.220
General powers.
686C.221
Determination of means to provide benefits
686C.222
Requests for information from member insurers.
686C.223
Election to succeed to rights and obligations of member insurer
686C.224
Assumption of reinsurance contracts: Authority
686C.225
Termination of obligations: Replacement of coverage under policy or contract.
686C.226
Termination of obligations: Failure to pay premiums.
686C.2241
Assumption of reinsurance contracts: Suspension of rights and obligations after order of liquidation.
686C.2243
Assumption of reinsurance contracts: Contracts not assumed by Association.
686C.2245
Assumption of reinsurance contracts: Transfer of contracts by Association.
686C.2247
Assumption of reinsurance contracts: Applicability of other provisions.
686C.2249
Assumption of reinsurance contracts: Terms and conditions of contract not affected
Last Updated

Feb. 5, 2021

§ 686C.200’s source at nv​.us