1. Except as otherwise provided in subsection 2, in an action for the breach of an obligation in which exemplary or punitive damages are sought pursuant to subsection 1 of NRS 42.005 from an employer for the wrongful act of his or her employee, the employer is not liable for the exemplary or punitive damages unless:
(a) The employer had advance knowledge that the employee was unfit for the purposes of the employment and employed the employee with a conscious disregard of the rights or safety of others;
(b) The employer expressly authorized or ratified the wrongful act of the employee for which the damages are awarded; or
(c) The employer is personally guilty of oppression, fraud or malice, express or implied.
If the employer is a corporation, the employer is not liable for exemplary or punitive damages unless the elements of paragraph (a), (b) or (c) are met by an officer, director or managing agent of the corporation who was expressly authorized to direct or ratify the employee’s conduct on behalf of the corporation.
2. The limitations on liability set forth in subsection 1 do not apply to an action brought against an insurer who acts in bad faith regarding its obligations to provide insurance coverage.
(Added to NRS by 1995, 2668)
Structure Nevada Revised Statutes
NRS 42.001 - Definitions; exceptions.
NRS 42.030 - Court approval of agreement to transfer structured settlement required.
NRS 42.210 - "Annuity issuer" defined.
NRS 42.215 - "Assignee" defined.
NRS 42.220 - "Dependents" defined.
NRS 42.225 - "Discounted present value" defined.
NRS 42.230 - "Gross advance amount" defined.
NRS 42.235 - "Independent professional advice" defined.
NRS 42.240 - "Interested party" defined.
NRS 42.245 - "Net advance amount" defined.
NRS 42.255 - "Periodic payments" defined.
NRS 42.260 - "Qualified assignment agreement" defined.
NRS 42.265 - "Renewal date" defined.
NRS 42.270 - "Settled claim" defined.
NRS 42.275 - "Structured settlement" defined.
NRS 42.280 - "Structured settlement agreement" defined.
NRS 42.285 - "Structured settlement obligor" defined.
NRS 42.290 - "Structured settlement payment rights" defined.
NRS 42.295 - "Structured settlement purchase company" defined.
NRS 42.300 - "Structured settlement transfer proceeding" defined.
NRS 42.305 - "Terms of the structured settlement" defined.
NRS 42.310 - "Transfer" defined.
NRS 42.315 - "Transfer agreement" defined.
NRS 42.320 - "Transfer expense" defined.
NRS 42.325 - "Transfer order" defined.
NRS 42.330 - "Transferee" defined.
NRS 42.355 - Notice of judgment against structured settlement purchase company; contents of notice.
NRS 42.365 - Certain persons exempt from registration.
NRS 42.370 - Prohibited acts; remedies for violation.
NRS 42.380 - Required disclosures to payee.
NRS 42.385 - Approval of transfers of structured settlement payment rights.
NRS 42.390 - Effects of transfer of structured settlement payment rights.
NRS 42.395 - Procedure for approval of transfer of structured settlement payment rights.