1. Except as otherwise provided in subsection 2, a person furnishing information of the kind described in NRS 688C.460 is immune from liability and civil action if the information is furnished to or received from:
(a) The Commissioner or the employees, agents or representatives of the Commissioner;
(b) Another federal, state or local law enforcement or regulatory officer or his or her employees, agents or representatives;
(c) Another person involved in the prevention or detection of violations of NRS 688C.450 or similar offenses or the employees, agents or representatives of the person;
(d) The National Association of Insurance Commissioners or other regulatory body overseeing life insurance or viatical settlements, or its employees, agents or representatives; or
(e) The insurer that issued the policy concerned in the information.
2. The immunity provided in subsection 1 does not extend to a statement made with actual malice. In an action brought against a person for filing a report or furnishing other information concerning a violation of NRS 688C.450, the plaintiff must plead specifically that the defendant acted with actual malice.
3. This section does not supplant or modify any other privilege or immunity at common law or under another statute enjoyed by a person described in subsection 1.
4. Except as otherwise provided in subsection 5, a person furnishing information as described in subsection 1 is entitled to an award of attorney’s fees and costs if:
(a) The person is a defendant in a civil case arising out of activities performed in carrying out the provisions of this section;
(b) The cause of action in the case is for libel, slander or any other relevant tort;
(c) The person is the prevailing party in the case; and
(d) The person bringing the action is not substantially justified in doing so.
5. A person furnishing information relating to the person’s own fraudulent acts as they relate to a viatical settlement is not entitled to an award pursuant to subsection 4.
(Added to NRS by 2001, 2178; A 2009, 1805)
Structure Nevada Revised Statutes
Chapter 688C - Viatical Settlements
NRS 688C.020 - "Advertising" defined.
NRS 688C.030 - "Broker of viatical settlements" defined.
NRS 688C.040 - "Business of viatical settlements" defined.
NRS 688C.050 - "Chronically ill" defined.
NRS 688C.060 - "Financing agent" defined.
NRS 688C.070 - "Policy" defined.
NRS 688C.080 - "Provider of viatical settlements" defined.
NRS 688C.090 - "Purchaser of viatical settlements" defined.
NRS 688C.095 - "Rescission period" defined.
NRS 688C.100 - "Special organization" defined.
NRS 688C.110 - "Terminally ill" defined.
NRS 688C.130 - "Viatical settlement" defined.
NRS 688C.133 - "Viatical settlement investment" defined.
NRS 688C.137 - "Viatical settlement purchase agreement" defined.
NRS 688C.140 - "Viaticated policy" defined.
NRS 688C.150 - "Viator" defined.
NRS 688C.175 - Applicability of other provisions.
NRS 688C.180 - Examinations and investigations by Commissioner.
NRS 688C.220 - Filing and approval of forms; submission of advertising material.
NRS 688C.240 - Retention of records and documents by licensee.
NRS 688C.266 - Form of certain disclosures.
NRS 688C.275 - Restrictions on business of broker and provider of viatical settlements.
NRS 688C.300 - Rescission of viatical settlement.
NRS 688C.320 - Confidentiality of medical information solicited or obtained by licensee.
NRS 688C.350 - Applicability and interpretation of provisions.
NRS 688C.390 - Use of testimonial, endorsement, appraisal, analysis or statistical information.
NRS 688C.400 - Prohibited disparagement.
NRS 688C.450 - Felonious acts.
NRS 688C.460 - Provision to Commissioner of information regarding felonious acts.