NRS 695A.310
Injunction against, liquidation of or appointment of receiver for domestic society.


1.

When the Commissioner upon investigation finds that a domestic society:

(a)

Has exceeded its powers;

(b)

Has failed to comply with any provision of this chapter;

(c)

Is not fulfilling its contracts in good faith;

(d)

Has a membership of less than 400 after an existence of 1 year or more; or

(e)

Is conducting business fraudulently or in a manner hazardous to its members, creditors, the public or the business,
Ê the Commissioner shall notify the society of his or her findings, state in writing the reasons for the Commissioner’s dissatisfaction, and issue a written order requiring the society to make the necessary corrections. If the Commissioner finds that the society has failed to comply with the order within 30 days after receiving it, the Commissioner shall notify the society of his or her finding of noncompliance and require the society to show cause on a date named why it should not be enjoined from carrying on any business until the violation complained of has been corrected, or why an action in quo warranto should not be commenced against the society.

2.

If on that date the society does not present good and sufficient reasons why it should not be so enjoined or why such action should not be commenced, the Commissioner may present the facts relating thereto to the Attorney General, who shall, if he or she deems the circumstances warrant, commence an action to enjoin the society from transacting business or an action in quo warranto.

3.

The court shall thereupon notify the officers of the society of a hearing. If, after a full hearing, it appears that the society should be so enjoined or liquidated or a receiver appointed, the court shall enter the necessary order.

4.

A society that is so enjoined shall not do business until:

(a)

The Commissioner finds that the violation complained of has been corrected;

(b)

The costs of the action have been paid by the society, if the court finds that the society was in default as charged;

(c)

The court has dissolved its injunction; and

(d)

The Commissioner has reinstated the certificate of authority.

5.

If the court orders the society liquidated, it must be enjoined from carrying on any further business, whereupon the receiver of the society shall proceed at once to take possession of the books, papers, money and other assets of the society and, under the direction of the court, proceed forthwith to close the affairs of the society and to distribute its funds to those entitled thereto.

6.

No action under this section may be recognized in any court of this state unless brought by the Attorney General upon request of the Commissioner. Whenever a receiver is to be appointed for a domestic society, the court shall appoint the Commissioner as the receiver.

7.

The provisions of this section relating to hearing by the Commissioner, action by the Attorney General at the request of the Commissioner, hearing by the court, injunction and receivership apply to a society which voluntarily determines to discontinue business.

Source: Section 695A.310 — Injunction against, liquidation of or appointment of receiver for domestic society., https://www.­leg.­state.­nv.­us/NRS/NRS-695A.­html#NRS695ASec310.

695A.001
Definitions.
695A.003
“Benefit contract” defined.
695A.004
“Benefit member” defined.
695A.006
“Certificate” defined.
695A.010
“Fraternal benefit society” defined.
695A.014
“Insurer” defined.
695A.016
“Laws” defined.
695A.018
“Lodge” defined.
695A.020
“Lodge system” defined.
695A.023
“Medicaid” defined.
695A.027
“Order for medical coverage” defined.
695A.030
“Premiums” defined.
695A.040
“Representative form of government” defined.
695A.042
“Rules” defined.
695A.044
“Society” defined.
695A.050
Organization: Preparation and contents of articles of incorporation.
695A.060
Organization: Filing of documents and bond with Commissioner
695A.070
Organization: Solicitation of members
695A.080
Certificate of authority: Issuance and renewal
695A.090
General powers and duties of society.
695A.095
Contracts between society and provider of health care: Prohibiting society from charging provider of health care fee for inclusion on list of providers given to insureds
695A.110
Unincorporated or voluntary association prohibited.
695A.120
Location of principal office
695A.130
Consolidation
695A.140
Conversion of fraternal benefit society into mutual life insurer.
695A.150
Qualifications for and rights and privileges of membership.
695A.151
Effect of eligibility for medical assistance under Medicaid on eligibility for coverage
695A.152
Society required to comply with certain provisions concerning portability and availability of health insurance.
695A.153
Society prohibited from asserting certain grounds to deny enrollment of child of insured pursuant to order.
695A.155
Certain accommodations to be made when child is covered under policy of noncustodial parent.
695A.157
Society to authorize enrollment of child of parent who is required by order to provide medical coverage under certain circumstances
695A.159
Society prohibited from restricting coverage of child based on preexisting condition when person who is eligible for group coverage adopts or assumes legal obligation for child.
695A.160
Amendment of laws of society.
695A.180
Scope of contractual benefits.
695A.184
Coverage for prescription drug previously approved for medical condition of insured.
695A.188
Approval or denial of claim
695A.195
Society prohibited from denying coverage solely because person was victim of domestic violence.
695A.197
Society prohibited from denying coverage solely because insured was intoxicated or under the influence of controlled substance
695A.200
Nonforfeiture benefits, cash surrender values, certificate loans and other options.
695A.210
Beneficiaries
695A.220
Benefits not liable to attachment, garnishment or other process.
695A.230
Terms and conditions of benefit contracts.
695A.232
Requirements regarding issuance of health benefit plans and adjustment of costs.
695A.235
Offering policy of health insurance for purposes of establishing health savings account.
695A.240
Approval and contents of certificates.
695A.255
Coverage for prescription drugs: Provision of notice and information regarding use of formulary.
695A.265
Coverage for services provided through telehealth.
695A.270
Waiver of provisions of society’s laws.
695A.280
Reinsurance.
695A.300
Admission of foreign or alien society.
695A.310
Injunction against, liquidation of or appointment of receiver for domestic society.
695A.320
Suspension, revocation or refusal of license of foreign or alien society.
695A.330
Licensing of insurance agents of society
695A.400
Service of process on society.
695A.410
Injunctions against societies.
695A.420
Judicial review of Commissioner’s findings and decisions.
695A.430
Assets, funds and accounts of society.
695A.440
Investments.
695A.450
Annual statement of financial condition, transactions and affairs.
695A.460
Penalties for failure to file statement properly.
695A.475
Liability of directors, officers, employees, members and volunteers
695A.490
Standards of valuation for certificates.
695A.500
Examination of societies transacting business in State.
695A.530
Applicability of statutory provisions relating to trade practices and frauds.
695A.550
Exemption of societies from certain taxes.
695A.555
Fees: Applicability of certain provisions.
695A.560
Exemption of societies from other insurance laws.
695A.570
Applicability.
695A.580
Penalties.
695A.1845
Required coverage for certain tests and vaccines relating to human papillomavirus
695A.1855
Coverage for mammograms for certain women
695A.1857
Benefit contract that includes coverage for maternity care must not deny coverage to gestational carrier
695A.1865
Coverage for drug or device for contraception and related health services in certain circumstances
695A.1873
Coverage for management and treatment of sickle cell disease.
695A.1875
Coverage for certain services, screenings and tests relating to wellness
Last Updated

Jun. 24, 2021

§ 695A.310’s source at nv​.us