Nevada Revised Statutes
Chapter 696B - Delinquent Insurers: Conservation, Rehabilitation and Liquidation
NRS 696B.440 - Offsets.


1. Except as provided in subsection 2, in all cases of mutual debts or mutual credits between the insurer and another person in connection with any action or proceeding under this chapter, such credits and debts shall be setoff and the balance only shall be allowed or paid.
2. No offset shall be allowed in favor of any such person where:
(a) The obligation of the insurer to such person would not at the date of the entry of any liquidation order or otherwise, as provided in NRS 696B.400, entitle him or her to share as a claimant in the assets of the insurer;
(b) The obligation of the insurer to such person was purchased by or transferred to such person with a view of its being used as an offset; or
(c) The obligation of such person is to pay an assessment levied against the members of a mutual insurer, or against the subscribers of a reciprocal insurer, or is to pay a balance upon the subscription to the capital stock of a stock insurer.
(Added to NRS by 1971, 1899)

Structure Nevada Revised Statutes

Nevada Revised Statutes

Chapter 696B - Delinquent Insurers: Conservation, Rehabilitation and Liquidation

NRS 696B.010 - Short title.

NRS 696B.020 - Applicability of chapter.

NRS 696B.030 - Definitions.

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.210 - Grounds for conservation or rehabilitation of domestic insurer or domiciled alien insurer.

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.255 - Commissioner as receiver, rehabilitator or liquidator authorized to appoint special deputies and other persons and advisory committee; payment of costs.

NRS 696B.260 - Service of process.

NRS 696B.270 - Injunctions.

NRS 696B.280 - Uniform Insurers Liquidation Act and Insurer Receivership Model Act: Composition; severability; interpretation.

NRS 696B.290 - Conduct of delinquency proceedings against domestic insurers and certain alien insurers; appointment and payment of costs of special deputy commissioners and other persons.

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.330 - Claims: Form; date for filing; approval or denial by receiver; notice and report regarding determinations; objections; hearing; order.

NRS 696B.332 - Reporting and filing requirements of receiver; extension or modification of time.

NRS 696B.334 - Reporting and filing requirements of guaranty association; extension or modification of time.

NRS 696B.340 - Attachment and garnishment of or execution on insurer or assets prohibited during pendency of delinquency proceedings.

NRS 696B.350 - Limitations on enjoining, restraining or interfering with insurer’s business or appointment of receiver; action by judgment creditor.

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.412 - Recovery by receiver of certain distributions on capital stock and payments to directors, officers and employees; scope of liability.

NRS 696B.415 - Disbursements to insurance guaranty associations; administrative expenses; claims for unearned premiums.

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.440 - Offsets.

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.490 - Assessment: Prima facie correct; notice to members and subscribers; payment; proceedings to collect.

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.550 - Summary proceedings: Conduct of administrative and judicial hearings; confidentiality of records.

NRS 696B.560 - Summary proceedings: Penalty for refusal to deliver property and records.

NRS 696B.565 - Officers, agents, employees and attorneys of Division: Immunity from liability; indemnification.

NRS 696B.570 - Federal receivership.