1. Whenever under this chapter a receiver is to be appointed in delinquency proceedings for an insurer, the court shall appoint the Commissioner as such receiver. The court shall order the Commissioner forthwith to take possession of the assets of the insurer and to administer the assets under the orders of the court.
2. As a domiciliary receiver, the Commissioner shall be vested by operation of law with the title to all of the property, contracts and rights of action, and all of the books and records of the insurer, wherever located, as of the date of entry of the order directing the Commissioner to conserve, rehabilitate or liquidate a domestic insurer or to liquidate the United States branch of an alien insurer domiciled in this state, and the Commissioner shall have the right to recover the same and reduce the same to possession; but ancillary receivers in reciprocal states shall have, as to assets located in their respective states, the rights and powers which are prescribed in this chapter for ancillary receivers appointed in this state as to assets located in this state.
3. The filing or recording of the order directing possession to be taken, or a certified copy thereof, in any office where instruments affecting title to property are required to be filed or recorded shall impart the same notice as would be imparted by a deed, bill of sale or other evidence of title duly filed or recorded.
4. The Commissioner as domiciliary receiver shall be responsible for the proper administration of all assets coming into the possession or control of the Commissioner. The court may at any time require a bond from the Commissioner or the deputies of the Commissioner if deemed desirable for the protection of such assets.
5. Upon taking possession of the assets of an insurer, the domiciliary receiver shall immediately proceed to conduct the business of the insurer or to take such steps as are authorized by this chapter for the purpose of rehabilitating, liquidating or conserving the affairs or assets of the insurer.
6. In connection with delinquency proceedings, the Commissioner may appoint one or more special deputy commissioners to act for the Commissioner and the Commissioner may employ such counsel, clerks and assistants as the Commissioner deems necessary. The compensation of the special deputies, counsel, clerks or assistants and all expenses of taking possession of the insurer and of conducting the proceedings shall be fixed by the receiver and shall be paid out of the funds or assets of the insurer. Within the limits of duties imposed upon them, special deputies shall possess all the powers given to and, in the exercise of those powers, shall be subject to all of the duties imposed upon the receiver with respect to such proceedings.
7. During such receivership the Commissioner shall file in the court, at regular intervals not less frequently than quarterly, the Commissioner’s true reports in summary form of the insurer’s affairs under the receivership, and of progress being made in accomplishing the objectives of the receivership. All such reports, together with such additional or special reports as the court may reasonably require, shall be subject to review by the court; and all actions of the receiver therein reported shall be subject to the court’s approval, but the court shall not withhold approval or disapprove any such action unless found by the court after a hearing thereon in open court to be unlawful, arbitrary or capricious.
(Added to NRS by 1971, 1891)
Structure Nevada Revised Statutes
Chapter 696B - Delinquent Insurers: Conservation, Rehabilitation and Liquidation
NRS 696B.020 - Applicability of chapter.
NRS 696B.040 - "Ancillary state" defined.
NRS 696B.050 - "Creditor" defined.
NRS 696B.060 - "Delinquency proceeding" defined.
NRS 696B.070 - "Domiciliary state" defined.
NRS 696B.080 - "Foreign country" defined.
NRS 696B.090 - "General assets" defined.
NRS 696B.100 - "Impairment" defined.
NRS 696B.110 - "Insolvency" defined.
NRS 696B.120 - "Insurer" defined.
NRS 696B.130 - "Preferred claim" defined.
NRS 696B.140 - "Receiver" defined.
NRS 696B.150 - "Reciprocal state" defined.
NRS 696B.160 - "Secured claim" defined.
NRS 696B.170 - "Special deposit claim" defined.
NRS 696B.180 - "State" defined.
NRS 696B.190 - Jurisdiction of delinquency proceedings; venue; exclusiveness of remedy; appeal.
NRS 696B.200 - Jurisdiction over related persons and transactions; service of process.
NRS 696B.220 - Grounds for liquidation of domestic insurer or domiciled alien insurer.
NRS 696B.230 - Grounds for conservation: Foreign and alien insurers.
NRS 696B.240 - Grounds for ancillary liquidation: Foreign and alien insurers.
NRS 696B.250 - Commencement of delinquency proceeding: Petition; order to show cause.
NRS 696B.260 - Service of process.
NRS 696B.300 - Conduct of delinquency proceedings against foreign insurers.
NRS 696B.310 - Claims of nonresidents against domestic insurers.
NRS 696B.320 - Claims of residents against foreign insurers.
NRS 696B.332 - Reporting and filing requirements of receiver; extension or modification of time.
NRS 696B.360 - Deposit of money.
NRS 696B.370 - Exemption of Commissioner from fees.
NRS 696B.380 - Borrowing on pledge of assets.
NRS 696B.390 - Termination of conservation or rehabilitation.
NRS 696B.400 - Date rights fixed on liquidation.
NRS 696B.410 - Prohibited and voidable transfers and liens.
NRS 696B.420 - Order of distribution of claims from estate of insurer on liquidation.
NRS 696B.430 - Subordination of claims for failure to cooperate.
NRS 696B.450 - Allowance of certain claims.
NRS 696B.460 - Entry of order of insolvency; notice by Commissioner of time to file claims.
NRS 696B.470 - Report and petition for assessment.
NRS 696B.480 - Assessment: Order and levy.
NRS 696B.500 - Summary proceedings: Commissioner’s corrective orders authorized.
NRS 696B.510 - Summary proceedings: Appeal from Commissioner’s order.
NRS 696B.520 - Summary proceedings: Enforcement; penalty.
NRS 696B.530 - Summary proceedings: Seizure under court order.
NRS 696B.540 - Summary proceedings: Seizure under Commissioner’s order.
NRS 696B.560 - Summary proceedings: Penalty for refusal to deliver property and records.