1. Upon filing by the Commissioner in any district court of this state of his or her verified petition alleging any ground for a formal delinquency proceeding against an insurer under this chapter and that the interests of the insurer’s policyholders or creditors or the public will be jeopardized by delay, and setting forth the order deemed necessary by the Commissioner, the court shall, ex parte and without notice or hearing, issue the requested order. The requested order may:
(a) Direct the Commissioner to take possession and control of all or part of the property, books, accounts and records of the insurer and the premises occupied by it for transaction of its business; and
(b) Until further order of the court, enjoin the insurer and its officers, managers, agents and employees from removal, concealment or other disposition of its property, and from the transaction of its business, except with the Commissioner’s written consent.
2. The court’s order shall be for such duration, specified in the order, as the court deems necessary to enable the Commissioner to ascertain the insurer’s condition. On motion of any party or on its own motion, the court may hold such hearings as it deems desirable after such notice as it deems appropriate, and extend or shorten the duration or modify the terms of the order. The court shall vacate the seizure order if the Commissioner fails to commence a formal proceeding under this chapter after reasonable opportunity to do so; and a seizure order is automatically vacated by issuance of the court’s order pursuant to formal delinquency proceedings under this chapter.
3. Entry of a seizure order under this section does not constitute an anticipatory breach of any contract of the insurer.
(Added to NRS by 1971, 1903)
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.