1. Notwithstanding any other law or regulation, an insurer that uses credit information shall, upon receipt of a written request from an applicant or policyholder, provide reasonable exceptions to the insurer’s rates, rating classifications, company or tier placement, or underwriting rules or guidelines for an applicant or policyholder who has experienced and whose credit information has been directly influenced by any of the following:
(a) A catastrophic event, as declared by the Federal or State Government;
(b) A serious illness or injury, or a serious illness or injury to an immediate family member;
(c) The death of a spouse, child or parent;
(d) Divorce or involuntary interruption of legally-owed alimony or support payments;
(e) Identify theft;
(f) Temporary loss of employment for a period of 3 months or more, if it results from involuntary termination;
(g) Military deployment overseas; or
(h) Other events, as determined by the insurer.
2. If an applicant or policyholder submits a request for an exception as set forth in subsection 1, an insurer may, in its sole discretion:
(a) Require the applicant or policyholder to provide reasonable written and independently verifiable documentation of the event;
(b) Require the applicant or policyholder to demonstrate that the event had direct and meaningful impact on the credit information of the applicant or policyholder;
(c) Require that such a request be made not more than 60 days after the date of the application for insurance or the policy renewal;
(d) Grant an exception despite the applicant or policyholder not providing the initial request for an exception in writing; or
(e) Grant an exception where the applicant or policyholder asks for consideration of repeated events or the insurer has considered this event previously.
3. An insurer is not out of compliance with any law or rule relating to underwriting, rating or rate filing as a result of granting an exception under this section. Nothing in this section shall be construed to provide an applicant or policyholder with a cause of action that does not exist in the absence of this section.
4. The insurer shall provide notice to each applicant and policyholder that reasonable exceptions are available and include information about how the applicant or policyholder may inquire further about such exceptions.
5. Within 30 days after the insurer’s receipt of sufficient documentation of an event described in subsection 1, the insurer shall inform the applicant or policyholder of the outcome of the request for a reasonable exception. Such communication must be in writing or provided to the applicant or policyholder in the same medium as the request.
6. The Commissioner may adopt regulations to carry out the provisions of this section.
(Added to NRS by 2011, 3367)
Structure Nevada Revised Statutes
Chapter 686A - Trade Practices and Frauds; Financing of Premiums
NRS 686A.020 - Unfair methods of competition and unfair or deceptive acts or practices prohibited.
NRS 686A.030 - Misrepresentation and false or misleading advertising of policies prohibited.
NRS 686A.040 - False, deceptive or misleading information and advertising prohibited.
NRS 686A.050 - "Twisting" prohibited.
NRS 686A.060 - Replacement of life insurance: Statements required to be given to policyholder.
NRS 686A.100 - Life insurance, annuities and health insurance: Unfair discrimination prohibited.
NRS 686A.140 - Violations concerning rebates and inducements: Penalties; effect.
NRS 686A.160 - Enforcement: Prohibited methods, acts or practices.
NRS 686A.170 - Enforcement: Undefined practices.
NRS 686A.180 - Service of process upon unauthorized insurers.
NRS 686A.185 - Review and finality of Commissioner’s orders.
NRS 686A.187 - Penalties for violating cease and desist order.
NRS 686A.190 - Interlocking ownership or management; serving as director of competing insurers.
NRS 686A.200 - Plan or transaction involving favored agent or insurer prohibited; exception.
NRS 686A.210 - Service and processing charges prohibited.
NRS 686A.240 - Favoritism to groups prohibited; exceptions.
NRS 686A.260 - Revocation or suspension of license for violation of laws of other state.
NRS 686A.270 - Knowledge of insurer of prohibited acts required for violation.
NRS 686A.2815 - "Insurance fraud" defined.
NRS 686A.282 - "Investigative or law enforcement agency" defined.
NRS 686A.291 - Criminal penalty for insurance fraud.
NRS 686A.310 - Unfair practices in settling claims; liability of insurer for damages.
NRS 686A.335 - Applicability of chapter 696B of NRS.
NRS 686A.340 - Engaging in business of company without license prohibited; exception.
NRS 686A.350 - Exemptions from requirement of licensing.
NRS 686A.380 - Renewal of license.
NRS 686A.390 - Approval of forms.
NRS 686A.400 - Records: Maintenance; form of preservation; open to Commissioner.
NRS 686A.410 - Examination of company by Commissioner.
NRS 686A.420 - Contents of agreement.
NRS 686A.430 - Furnishing of completed copy of agreement to insured.
NRS 686A.440 - Interest; service charge; prepayment.
NRS 686A.470 - Return of unearned premium and commission.
NRS 686A.520 - Applicability of other provisions.
NRS 686A.610 - "Adverse action" defined.
NRS 686A.620 - "Affiliate" defined.
NRS 686A.630 - "Consumer credit report" defined.
NRS 686A.640 - "Consumer reporting agency" defined.
NRS 686A.650 - "Credit information" defined.
NRS 686A.660 - "Insurance score" defined.
NRS 686A.680 - Consumer credit reports: Uses; limitations.
NRS 686A.690 - Reunderwriting or rerating of insured; refund of premium.
NRS 686A.700 - Disclosure of use of credit information.
NRS 686A.710 - Notice requirements after taking adverse action.
NRS 686A.720 - Indemnification of agent by insurer.
NRS 686A.730 - Consumer reporting agencies: Prohibitions; exemptions.