NRS 696B.290
Conduct of delinquency proceedings against domestic insurers and certain alien insurers.


1.

Whenever under this chapter a receiver is to be appointed in delinquency proceedings for an insurer, the court shall appoint the Commissioner as such receiver. The court shall order the Commissioner forthwith to take possession of the assets of the insurer and to administer the assets under the orders of the court.

2.

As a domiciliary receiver, the Commissioner shall be vested by operation of law with the title to all of the property, contracts and rights of action, and all of the books and records of the insurer, wherever located, as of the date of entry of the order directing the Commissioner to conserve, rehabilitate or liquidate a domestic insurer or to liquidate the United States branch of an alien insurer domiciled in this state, and the Commissioner shall have the right to recover the same and reduce the same to possession; but ancillary receivers in reciprocal states shall have, as to assets located in their respective states, the rights and powers which are prescribed in this chapter for ancillary receivers appointed in this state as to assets located in this state.

3.

The filing or recording of the order directing possession to be taken, or a certified copy thereof, in any office where instruments affecting title to property are required to be filed or recorded shall impart the same notice as would be imparted by a deed, bill of sale or other evidence of title duly filed or recorded.

4.

The Commissioner as domiciliary receiver shall be responsible for the proper administration of all assets coming into the possession or control of the Commissioner. The court may at any time require a bond from the Commissioner or the deputies of the Commissioner if deemed desirable for the protection of such assets.

5.

Upon taking possession of the assets of an insurer, the domiciliary receiver shall immediately proceed to conduct the business of the insurer or to take such steps as are authorized by this chapter for the purpose of rehabilitating, liquidating or conserving the affairs or assets of the insurer.

6.

In connection with delinquency proceedings, the Commissioner may appoint one or more special deputy commissioners to act for the Commissioner and the Commissioner may employ such counsel, clerks and assistants as the Commissioner deems necessary. The compensation of the special deputies, counsel, clerks or assistants and all expenses of taking possession of the insurer and of conducting the proceedings shall be fixed by the receiver and shall be paid out of the funds or assets of the insurer. Within the limits of duties imposed upon them, special deputies shall possess all the powers given to and, in the exercise of those powers, shall be subject to all of the duties imposed upon the receiver with respect to such proceedings.

7.

During such receivership the Commissioner shall file in the court, at regular intervals not less frequently than quarterly, the Commissioner’s true reports in summary form of the insurer’s affairs under the receivership, and of progress being made in accomplishing the objectives of the receivership. All such reports, together with such additional or special reports as the court may reasonably require, shall be subject to review by the court; and all actions of the receiver therein reported shall be subject to the court’s approval, but the court shall not withhold approval or disapprove any such action unless found by the court after a hearing thereon in open court to be unlawful, arbitrary or capricious.

Source: Section 696B.290 — Conduct of delinquency proceedings against domestic insurers and certain alien insurers., https://www.­leg.­state.­nv.­us/NRS/NRS-696B.­html#NRS696BSec290.

696B.010
Short title.
696B.020
Applicability of chapter.
696B.030
Definitions.
696B.040
“Ancillary state” defined.
696B.050
“Creditor” defined.
696B.060
“Delinquency proceeding” defined.
696B.070
“Domiciliary state” defined.
696B.080
“Foreign country” defined.
696B.090
“General assets” defined.
696B.100
“Impairment” defined.
696B.110
“Insolvency” defined.
696B.120
“Insurer” defined.
696B.130
“Preferred claim” defined.
696B.140
“Receiver” defined.
696B.150
“Reciprocal state” defined.
696B.160
“Secured claim” defined.
696B.170
“Special deposit claim” defined.
696B.180
“State” defined.
696B.190
Jurisdiction of delinquency proceedings
696B.200
Jurisdiction over related persons and transactions
696B.210
Grounds for conservation or rehabilitation of domestic insurer or domiciled alien insurer.
696B.220
Grounds for liquidation of domestic insurer or domiciled alien insurer.
696B.230
Grounds for conservation: Foreign and alien insurers.
696B.240
Grounds for ancillary liquidation: Foreign and alien insurers.
696B.250
Commencement of proceeding.
696B.255
Commissioner as receiver, rehabilitator or liquidator authorized to appoint special deputies and advisory committee.
696B.260
Service of process.
696B.270
Injunctions.
696B.280
Uniform Insurers Liquidation Act and Insurer Receivership Model Act: Composition
696B.290
Conduct of delinquency proceedings against domestic insurers and certain alien insurers.
696B.300
Conduct of delinquency proceedings against foreign insurers.
696B.310
Claims of nonresidents against domestic insurers.
696B.320
Claims against foreign insurers.
696B.330
Form of claim
696B.332
Reporting and filing requirements of receiver
696B.334
Reporting and filing requirements of guaranty association
696B.340
Attachment and garnishment of assets
696B.350
Limitations on appointment of receiver
696B.360
Deposit of money.
696B.370
Exemption from fees.
696B.380
Borrowing on pledge of assets.
696B.390
Termination of conservation or rehabilitation.
696B.400
Date rights fixed on liquidation.
696B.410
Prohibited and voidable transfers and liens.
696B.412
Recovery by receiver of certain distributions on capital stock and payments to directors, officers and employees
696B.415
Disbursements to insurance guaranty associations
696B.420
Order of distribution of claims from estate of insurer on liquidation.
696B.430
Subordination of claims for failure to cooperate.
696B.440
Offsets.
696B.450
Allowance of certain claims.
696B.460
Time to file claims.
696B.470
Report and petition for assessment.
696B.480
Order and levy of assessment.
696B.490
Assessment prima facie correct
696B.500
Summary proceedings: Commissioner’s corrective orders authorized.
696B.510
Summary proceedings: Appeal from Commissioner’s order.
696B.520
Summary proceedings: Enforcement
696B.530
Summary proceedings: Seizure under court order.
696B.540
Summary proceedings: Seizure under Commissioner’s order.
696B.550
Summary proceedings: Conduct of administrative and judicial hearings.
696B.560
Summary proceedings: Penalty for refusal to deliver property and records.
696B.565
Officers, agents, employees and attorneys of Division: Immunity from liability
696B.570
Federal receivership.
Last Updated

Jun. 24, 2021

§ 696B.290’s source at nv​.us