NRS 696B.450
Allowance of certain claims.


1.

No contingent and unliquidated claim shall share in a distribution of the assets of an insurer which has been adjudicated to be insolvent by an order made pursuant to this chapter, except that such claim shall be considered, if properly presented, and may be allowed to share where:

(a)

Such claim becomes absolute against the insurer on or before the last day for filing claims against the assets of such insurer; or

(b)

There is a surplus and the liquidation is thereafter conducted upon the basis that such insurer is solvent.

2.

Where an insurer has been so adjudicated to be insolvent any person who has a cause of action against an insured of such insurer under a liability insurance policy issued by such insurer shall have the right to file a claim in the liquidation proceeding, regardless of the fact that such claim may be contingent, and such claim may be allowed:

(a)

If it may be reasonably inferred from the proof presented upon such claim that such person would be able to obtain a judgment upon such cause of action against such insured;

(b)

If such person furnishes suitable proof, unless the court for good cause shown otherwise directs, that no further valid claim against such insurer arising out of his or her cause of action other than those already presented can be made; and

(c)

If the total liability of such insurer to all claimants arising out of the same act of its insured is no greater than its maximum liability would be were it not in liquidation.

3.

No judgment against such an insured taken after the date of entry of the liquidation order shall be considered in the liquidation proceedings as evidence of liability, or of the amount of damages, and no judgment against an insured taken by default, or by collusion prior to the entry of the liquidation order shall be considered as conclusive evidence in the liquidation proceedings, either of the liability of such insured to such person upon such cause of action or of the amount of damages to which such person is therein entitled.

4.

No claim of any secured claimant shall be allowed at a sum greater than the difference between the value of the claim without security and the value of the security itself as of the date of the entry of the order of liquidation or such other date set by the court for determining rights and liabilities as provided in NRS 696B.400 unless the claimant surrenders his or her security to the Commissioner, in which event the claim shall be allowed in the full amount for which it is valued.

Source: Section 696B.450 — Allowance of certain claims., https://www.­leg.­state.­nv.­us/NRS/NRS-696B.­html#NRS696BSec450.

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

Feb. 5, 2021

§ 696B.450’s source at nv​.us