1. In addition to the penalties and other means of enforcement provided under this chapter:
(a) If a person violates a provision of this chapter or of a regulation adopted under this chapter, the Commissioner may seek an injunction and apply for temporary and permanent orders the Commissioner determines to be necessary to restrain the violator.
(b) A person who violates a provision of this chapter is subject to an administrative fine of not more than $1,000 for each violation.
(c) In addition to a criminal penalty imposed, the court shall order restitution to the person aggrieved by the violation.
2. A person aggrieved by a violation of this chapter may bring a civil action against the violator to recover the damages suffered.
3. A violation of this chapter attendant to the signing of an agreement to purchase a viatical settlement renders the agreement voidable and subject to rescission by the purchaser of viatical settlements, upon tender of the viaticated policy by the purchaser of viatical settlements to the provider of viatical settlements. Suit for rescission may be brought:
(a) In a court of competent jurisdiction;
(b) In the jurisdiction where the alleged violator resides;
(c) In the jurisdiction where the alleged violator has a principal place of business; or
(d) In the jurisdiction where the alleged violation occurred.
(Added to NRS by 2001, 2179; A 2009, 1806)
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.