NRS: CHAPTER 690B - CASUALTY INSURANCE

[Rev. 6/29/2024 5:00:40 PM--2023]

CHAPTER 690B - CASUALTY INSURANCE

GENERAL PROVISIONS

NRS 690B.010 Other applicable provisions.

NRS 690B.012 Claims: Approval or denial; request for additional information or time; payment; interest on unpaid claim.

MOTOR VEHICLES

NRS 690B.016 Insurer required to notify insured or claimant of right to have repairs made at licensed body shop of his or her choice; prohibition against insurer’s knowing recommendation of unlicensed body shop or required patronization of particular body shop; insurer entitled to rely on validity of license number in estimates or invoices from body shop.

NRS 690B.017 Provisions for arbitration not binding.

NRS 690B.020 Coverage for uninsured or hit-and-run vehicles required; exceptions; insolvency of insurer; payment; presumption.

NRS 690B.023 Evidence of insurance: Insurer required to provide to insured on approved form; contents; electronic format; liability for damages to mobile electronic device presented to provide such evidence.

NRS 690B.024 Authority of claimant to authorize other party to receive certain information; obligation of insurer of other party to provide certain information relating to claim for compensation under policy of motor vehicle insurance.

NRS 690B.025 Primary and excess coverage; garage operator who loans vehicle to customer required to provide notice to customer regarding coverage; modification of provision by written agreement; applicability.

NRS 690B.028 Insurer prohibited from taking adverse action because of violation of speed limit in certain cases.

NRS 690B.029 Mandatory provision for reduction of premiums for persons 55 years of age or older in certain circumstances; requirements relating to course of traffic safety; approval of policy by Commissioner.

NRS 690B.031 Reduction in premium of certain policies of insurance required if motor vehicle is equipped with air bag and other safety device; calculation; approval of Commissioner.

NRS 690B.035 Policy covering damage to one or more of operator’s vehicles.

NRS 690B.037 Authority of owner or authorized agent to give consent for towing and storage of damaged motor vehicle.

NRS 690B.040 Policy providing certain automobile coverage in Mexico.

INDUSTRIAL INSURANCE

NRS 690B.090 Issuance authorized.

INSURANCE FOR HOME PROTECTION

NRS 690B.100 Definitions.

NRS 690B.110 Applicability of other provisions.

NRS 690B.120 Exemption of person selling insurance from licensing requirements as agent, broker or solicitor.

NRS 690B.130 Deposit of securities or surety bond; maintenance of capital stock or surplus, premium reserves and losses and loss expense reserves.

NRS 690B.140 Investments in tangible personal property: Limitation; waiver.

NRS 690B.150 Filing of annual and quarterly statements.

NRS 690B.155 Provision requiring binding arbitration authorized; procedures for arbitration.

NRS 690B.160 Contracts: Specifications; cancellation; renewal.

NRS 690B.170 Contracts: Regulations on content.

NRS 690B.175 Regulations regarding administrative expenses for insurers and accounting standards.

NRS 690B.180 Prohibited acts.

MEDICAL MALPRACTICE

NRS 690B.200 Definitions.

NRS 690B.210 “Claims-made policy” defined.

NRS 690B.220 “Extended reporting endorsement” defined.

NRS 690B.230 “Practitioner” defined.

NRS 690B.240 “Professional liability insurance” defined.

NRS 690B.250 Practitioners of the healing arts: Reports to licensing boards; availability for public inspection.

NRS 690B.270 Disclosure to practitioner of reasons for failure to issue professional liability insurance.

NRS 690B.280 Disclosure to practitioner of reasons for higher premium.

NRS 690B.290 Insurer offering to issue claims-made policy required to offer extended reporting endorsement to certain practitioners; disclosure of formula used to determine premium.

NRS 690B.300 Prohibition against setting different premium rates based on number of babies delivered for certain practitioners; exception.

NRS 690B.310 Prohibition against confidentiality of certain information relating to settlement of claim or action for breach of professional duty of certain practitioners.

NRS 690B.320 Additional requirements for insurer offering to issue claims-made policy to certain practitioners.

NRS 690B.330 Required reduction in premium for implementation of qualified risk management system; regulations; applicability.

NRS 690B.350 Essential medical specialties: Determination, cancellation, termination or nonrenewal of professional liability insurance.

NRS 690B.360 Information pertinent to monitoring compliance with applicable standards for rates: Commissioner authorized to collect; analysis; report to Legislature required under certain circumstances.

TRANSPORTATION NETWORK COMPANIES

NRS 690B.400 Definitions.

NRS 690B.410 “Driver” defined.

NRS 690B.415 “Monitored autonomous vehicle provider” defined.

NRS 690B.420 “Transportation network company” defined.

NRS 690B.425 “Transportation network company insurance” defined.

NRS 690B.430 “Transportation services” defined.

NRS 690B.450 Applicability.

NRS 690B.460 Required disclosures by transportation network companies to drivers.

NRS 690B.470 Transportation network company insurance: Minimum coverage requirements for drivers, transportation network companies and monitored autonomous vehicle providers; additional coverage; duties of insurer; payment of claims; transportation network company not deemed owner of vehicle.

NRS 690B.480 Insurer not required to offer transportation network company insurance; authority of insurer to offer transportation network company insurance and charge additional premium; rights of insurer excluding transportation network company insurance coverage.

NRS 690B.490 Required cooperation and sharing of information during investigation.

NRS 690B.493 Monitored autonomous vehicle required to contain evidence of coverage; provision of proof of coverage and certain disclosure to law enforcement and other party if vehicle involved in accident or motor vehicle crash.

NRS 690B.495 Driver required to carry evidence of coverage; required provision of proof of coverage and certain disclosure to law enforcement officer and party required if driver involved in accident or motor vehicle crash.

_________

GENERAL PROVISIONS

NRS 690B.010 Other applicable provisions. All contracts of casualty insurance covering subjects resident, located or to be performed in this State are subject to the applicable provisions of chapter 687B of NRS (the insurance contract), and to other applicable provisions of this Code.

(Added to NRS by 1971, 1777)

NRS 690B.012 Claims: Approval or denial; request for additional information or time; payment; interest on unpaid claim.

1. Except as otherwise provided in subsections 2, 3 and 4, an insurer shall approve or deny a claim of its insured relating to a contract of casualty insurance within 30 days after the insurer receives the claim. If the claim is approved, the insurer shall pay the claim within 30 days after it is approved. If the approved claim is not paid within that period, the insurer shall pay interest on the claim at the rate of interest established pursuant to NRS 99.040. The interest must be calculated from the date the payment is due until the claim is paid.

2. If the insurer requires additional information or time to determine whether to approve or deny a claim, it shall notify the policyholder of its request for the additional information or time within 20 days after it receives the policyholder’s claim, and at least once every 30 days thereafter, until the claim is approved or denied. The notice must set forth the reason why the additional information or time is required.

3. The insurer shall approve or deny the claim within:

(a) Thirty days after it receives the additional information; or

(b) Thirty-one days after the last timely notice was provided pursuant to subsection 2,

Ê whichever is later.

4. If the claim is approved, the insurer shall pay the claim within 30 days after it is approved. If the approved claim is not paid within that period, the insurer shall pay interest on the claim in the manner prescribed in subsection 1.

(Added to NRS by 1991, 1329)

MOTOR VEHICLES

1. An insured or a claimant under a policy of insurance may have repairs to a motor vehicle made at the licensed body shop of the insured’s or claimant’s choice. An insurer of motor vehicles shall notify the insured or the claimant of this right when the insurer is first contacted concerning a claim for damage to a motor vehicle.

2. An insurer of motor vehicles or a representative of the insurer shall not:

(a) Knowingly recommend to an insured or a claimant, or direct an insured or a claimant to, a body shop in this State which is not licensed pursuant to NRS 487.630;

(b) Require an insured or a claimant to patronize any licensed body shop in this State in preference to another such business.

3. The provisions of this section do not require an insurer to pay more than the reasonable rate required pursuant to a policy of insurance for repairs to a motor vehicle.

4. For the purposes of this section, an insurer is entitled to rely upon the validity of the license number included by the body shop on its estimates and invoices for repairs.

(Added to NRS by 1989, 1002; A 1989, 2045; 2003, 516; 2005, 927)

NRS 690B.017 Provisions for arbitration not binding. No provision for arbitration contained in an automobile liability or motor vehicle liability insurance policy delivered, issued for delivery or renewed in this State is binding upon the named insured or any other person who makes a claim under the policy.

(Added to NRS by 1979, 1517)

NRS 690B.020 Coverage for uninsured or hit-and-run vehicles required; exceptions; insolvency of insurer; payment; presumption.

1. Except as otherwise provided in this section and NRS 690B.035, no policy insuring against liability arising out of the ownership, maintenance or use of any motor vehicle may be delivered or issued for delivery in this State unless coverage is provided therein or supplemental thereto for the protection of persons insured thereunder who are legally entitled to recover damages, from owners or operators of uninsured or hit-and-run motor vehicles, for bodily injury, sickness or disease, including death, resulting from the ownership, maintenance or use of the uninsured or hit-and-run motor vehicle. No such coverage is required in or supplemental to a policy issued to the State of Nevada or any political subdivision thereof, or where rejected in writing, on a form furnished by the insurer describing the coverage being rejected, by an insured named therein, or upon any renewal of such a policy unless the coverage is then requested in writing by the named insured. The coverage required in this section may be referred to as “uninsured vehicle coverage.”

2. The amount of coverage to be provided must be not less than the minimum limits for liability insurance for bodily injury provided for under chapter 485 of NRS, but may be in any greater amount.

3. For the purposes of this section, the term “uninsured motor vehicle” means a motor vehicle:

(a) With respect to which there is not available at the Department of Motor Vehicles evidence of financial responsibility as required by chapter 485 of NRS;

(b) With respect to the ownership, maintenance or use of which there is no liability insurance for bodily injury or bond applicable at the time of the crash or, to the extent of such deficiency, any liability insurance for bodily injury or bond in force is less than the amount required by NRS 485.210;

(c) With respect to the ownership, maintenance or use of which the company writing any applicable liability insurance for bodily injury or bond denies coverage or is insolvent;

(d) Used without the permission of its owner if there is no liability insurance for bodily injury or bond applicable to the operator;

(e) Used with the permission of its owner who has insurance which does not provide coverage for the operation of the motor vehicle by any person other than the owner if there is no liability insurance for bodily injury or bond applicable to the operator; or

(f) The owner or operator of which is unknown or after reasonable diligence cannot be found if:

(1) The bodily injury or death has resulted from physical contact of the automobile with the named insured or the person claiming under the named insured or with an automobile which the named insured or such a person is occupying; and

(2) The named insured or someone on behalf of the named insured has reported the crash within the time required by NRS 484E.030, 484E.040 or 484E.050 to the police department of the city where it occurred or, if it occurred in an unincorporated area, to the sheriff of the county or to the Nevada Highway Patrol.

4. For the purposes of this section, the term “uninsured motor vehicle” also includes, subject to the terms and conditions of coverage, an insured other motor vehicle where:

(a) The liability insurer of the other motor vehicle is unable because of its insolvency to make payment with respect to the legal liability of its insured within the limits specified in its policy;

(b) The occurrence out of which legal liability arose took place while the uninsured vehicle coverage required under paragraph (a) was in effect; and

(c) The insolvency of the liability insurer of the other motor vehicle existed at the time of, or within 2 years after, the occurrence.

Ê Nothing contained in this subsection prevents any insurer from providing protection from insolvency to its insureds under more favorable terms.

5. If payment is made to any person under uninsured vehicle coverage, and subject to the terms of the coverage, to the extent of such payment the insurer is entitled to the proceeds of any settlement or recovery from any person legally responsible for the bodily injury as to which payment was made, and to amounts recoverable from the assets of the insolvent insurer of the other motor vehicle.

6. A vehicle involved in a crash which results in bodily injury or death shall be presumed to be an uninsured motor vehicle if no evidence of financial responsibility is supplied to the Department of Motor Vehicles in the manner required by chapter 485 of NRS within 60 days after the crash occurs.

(Added to NRS by 1971, 1777; A 1971, 1954; 1973, 839; 1977, 438; 1979, 1518; 1985, 1999; 1987, 1098; 2001, 2635; 2011, 114; 2015, 1695; 2021, 127)

1. Except as otherwise provided in subsection 2, if insurance for the operation of a motor vehicle required pursuant to NRS 485.185 is provided by a contract of insurance, the insurer shall:

(a) Provide evidence of insurance to the insured on a form approved by the Commissioner. The evidence of insurance must include:

(1) The name and address of the policyholder;

(2) The name and address of the insurer;

(3) Vehicle information, consisting of:

(I) The year, make and complete identification number of the insured vehicle or vehicles; or

(II) The word “Fleet” and the name of the registered owner if the vehicle is covered under a fleet policy written on an any auto basis or blanket policy basis;

(4) The term of the insurance, including the day, month and year on which the policy:

(I) Becomes effective; and

(II) Expires;

(5) The number of the policy;

(6) A statement that the coverage meets the requirements set forth in NRS 485.185; and

(7) The statement “This evidence of insurance must be carried in the insured motor vehicle for production upon demand.” The statement must be prominently displayed.

(b) Provide new evidence of insurance if:

(1) The information regarding the insured vehicle or vehicles required pursuant to subparagraph (3) of paragraph (a) no longer is accurate;

(2) An additional motor vehicle is added to the policy;

(3) A new number is assigned to the policy; or

(4) The insured notifies the insurer that the original evidence of insurance has been lost.

2. Upon the request of an insured and to the extent available, the insurer may provide the evidence of insurance in an electronic format, approved by the Commissioner, that can be displayed on a mobile electronic device. The electronic format must provide for the inclusion of all information required by paragraph (a) of subsection 1. An insured who makes such a request may also request that the insurer provide the insured with the form provided for in subsection 1.

3. A person who presents a mobile electronic device to another person to provide evidence of insurance assumes all liability for any resulting damage to the mobile electronic device.

(Added to NRS by 1981, 1695; A 1985, 1560; 1987, 1100, 1498, 1499; 1991, 1632; 1993, 2490; 1995, 2743; 2011, 3385; 2013, 1890; 2015, 798, 3485)

1. A claimant or any attorney representing the claimant may provide to the party against whom a claim is asserted for compensation or damages for any mental or physical injury under a policy of motor vehicle insurance or any attorney of the party and to the insurer of the party a written authorization to receive all medical reports, records, films and bills related to the claim from the providers of health care. An authorization so provided may not be revoked without cause.

2. If a written authorization is provided pursuant to subsection 1, the insurer of the party shall, within 5 business days after receiving the written authorization, disclose to the claimant or any attorney representing the claimant a copy of the declarations page of the policy of motor vehicle insurance. The insurer of the party may redact personal information from the declarations page of the policy, except that the name of the party and the policy limits must not be redacted.

3. At the written request of the claimant or the attorney of the claimant, copies of all medical reports, records, films and bills obtained by a written authorization pursuant to subsection 1 must be provided to the claimant or the attorney of the claimant within 30 days after the date they are received by the party, any attorney of the party or the insurer of the party. If the claimant or the attorney of the claimant makes a written request for the medical reports, records, films and bills, the claimant or the attorney of the claimant shall pay for the reasonable costs of copying the medical reports, records, films and bills.

4. As used in this section, “provider of health care” has the meaning ascribed to it in NRS 629.031.

(Added to NRS by 2019, 2499; A 2021, 1420)

1. If two or more policies of liability insurance covering the same motor vehicle are in effect when the motor vehicle is involved in an incident which results in a claim against the policies:

(a) If the motor vehicle was being operated by a person engaged in the business of selling, repairing, servicing, delivering, testing, road testing, parking or storing motor vehicles, or by an agent or employee of the person while in pursuit of that business, the policy issued to that business shall be deemed to be primary and any other policy shall be deemed to provide excess coverage.

(b) If the motor vehicle was being operated by a person described in paragraph (a) in any pursuit other than of that business, or by some other person, the policy issued to the operator of the vehicle shall be deemed to be primary and any policy issued to the business shall be deemed to provide excess coverage.

(c) If, while the vehicle of the customer was being repaired or serviced in the bailment of a garage operator engaged in the business of repairing or servicing motor vehicles, the customer is lent by the garage operator a motor vehicle for use during the time required to complete the repairs or service, the policy issued to the customer shall be deemed to be primary and all other policies shall be deemed to provide excess coverage. A garage operator engaged in the business of repairing or servicing motor vehicles who loans a customer a vehicle for use during the time required to complete the repairs or service shall provide express notice to the customer that the customer’s policy of insurance will provide primary coverage while the customer is operating that vehicle.

2. The provisions in subsection 1 may be modified but only by a written agreement signed by all the insurers who have issued policies applicable to a claim described in subsection 1 and by all the insureds under those policies.

3. This section applies only to policies of liability insurance issued or renewed on or after July 1, 1981.

(Added to NRS by 1981, 180; A 1987, 451)

NRS 690B.028 Insurer prohibited from taking adverse action because of violation of speed limit in certain cases. An insurer shall not impose on an insured or group of insured an increase in rates for motor vehicle insurance because of a conviction or a finding by a juvenile court of a violation of the speed limit under the circumstances described in subsection 1 of NRS 484B.617, nor shall an insurer cancel or refuse to renew a policy of insurance for that reason.

(Added to NRS by 1997, 2525)

1. A policy of insurance against liability arising out of the ownership, maintenance or use of a motor vehicle delivered or issued for delivery in this State to a person who is 55 years of age or older must contain a provision for the reduction in the premiums for 3-year periods if the insured:

(a) Successfully completes, after attaining 55 years of age and every 3 years thereafter, a course of traffic safety approved by the Department of Motor Vehicles; and

(b) For the 3-year period before completing the course of traffic safety and each 3-year period thereafter:

(1) Is not involved in a crash involving a motor vehicle for which the insured is at fault;

(2) Maintains a driving record free of violations; and

(3) Has not been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to, a moving traffic violation or an offense involving:

(I) The operation of a motor vehicle while under the influence of intoxicating liquor or a controlled substance; or

(II) Any other conduct prohibited by NRS 484C.110, 484C.120, 484C.130 or 484C.430 or a law of any other jurisdiction that prohibits the same or similar conduct.

2. The reduction in the premiums provided for in subsection 1 must be based on the actuarial and loss experience data available to each insurer and must be approved by the Commissioner. Each reduction must be calculated based on the amount of the premium before any reduction in that premium is made pursuant to this section, and not on the amount of the premium once it has been reduced.

3. A course of traffic safety that an insured is required to complete as the result of moving traffic violations must not be used as the basis for a reduction in premiums pursuant to this section.

4. The organization that offers a course of traffic safety approved by the Department of Motor Vehicles shall issue a certificate to each person who successfully completes the course. A person must use the certificate to qualify for the reduction in the premiums pursuant to this section.

5. The Commissioner shall review and approve or disapprove a policy of insurance that offers a reduction in the premiums pursuant to subsection 1. An insurer must receive written approval from the Commissioner before delivering or issuing a policy with a provision containing such a reduction.

(Added to NRS by 1989, 1679; A 1995, 2481; 1999, 3436; 2001, 2636; 2003, 1505; 2005, 172; 2007, 1484; 2009, 1890; 2015, 1697)

NRS 690B.031 Reduction in premium of certain policies of insurance required if motor vehicle is equipped with air bag and other safety device; calculation; approval of Commissioner.

1. A policy of insurance providing coverage arising out of the ownership, maintenance or use of a motor vehicle, other than a motorcycle, which is delivered or issued for delivery in this State and includes coverage for the payment of reasonable and necessary medical expenses or uninsured and underinsured motorists coverage, or both, must contain a provision for the reduction in the premium for such coverage if the motor vehicle:

(a) Is equipped with an air bag on the driver’s side of the front seat or air bags on the driver’s side and passenger’s side of the front seat; and

(b) Contains any other safety device, other than safety belts, which substantially enhances the safety of the occupants of the motor vehicle.

2. The reduction in premiums required by subsection 1 must be based upon the actuarial and loss experience data available to each insurer and must be approved by the Commissioner. The insurer may offer additional reductions in premiums pursuant to the requirements set forth in subsection 1 if they are approved by the Commissioner. Each reduction must be calculated based on the amount of the premium before any reduction in that premium is made pursuant to this section, and not on the amount of the premium once it has been reduced.

3. The Commissioner shall review and approve or disapprove each policy of insurance that offers a reduction in the premiums provided for in this section. An insurer must receive the written approval of the Commissioner before delivering or issuing for delivery a policy that provides for such a reduction.

(Added to NRS by 1993, 2495; A 2021, 502)

NRS 690B.035 Policy covering damage to one or more of operator’s vehicles. An insurer may issue to a holder of an operator’s policy of liability insurance a policy covering damage to one or more of the operator’s vehicles. The policy is not required to provide liability insurance or uninsured vehicle coverage.

(Added to NRS by 1987, 1098)

NRS 690B.037 Authority of owner or authorized agent to give consent for towing and storage of damaged motor vehicle. The owner of a motor vehicle or the authorized agent of the owner who makes a claim under a policy of insurance for damages to the motor vehicle may give his or her consent for:

1. If the insurer provides notice to the owner or the authorized agent of the owner that the motor vehicle is a total loss vehicle as that term is defined in NRS 487.790, the motor vehicle to be towed and placed in storage at the direction and expense of the insurer; or

2. If the insurer provides notice to the owner or the authorized agent of the owner that the motor vehicle is a repairable vehicle, the motor vehicle to be towed to a repair shop designated by the owner or the authorized agent of the owner.

(Added to NRS by 2011, 1404)

NRS 690B.040 Policy providing certain automobile coverage in Mexico. An authorized casualty insurer may issue through its licensed agents an automobile insurance policy in which coverage for liability resulting from bodily injury and property damage occurring in Mexico is provided by an insurer authorized to transact and transacting such insurance in Mexico under the laws of Mexico, in a portion of such policy or endorsement thereon or rider attached thereto executed by or on behalf of such other insurer, and whether or not such other insurer is authorized to transact insurance in this State.

(Added to NRS by 1971, 1778)

INDUSTRIAL INSURANCE

NRS 690B.090 Issuance authorized.

1. Any casualty insurer may provide industrial insurance pursuant to the general provisions of chapters 616A to 617, inclusive, of NRS concerning the respective rights and obligations of employees and their employers, if the insurer:

(a) Has a certificate of authority issued by the Commissioner pursuant to chapter 680A of NRS; and

(b) Is specifically qualified pursuant to paragraph (c) of subsection 1 of NRS 681A.020.

2. The insurance may be purchased by qualified employers to secure the payment of compensation for employees injured in the course of employment.

3. The employer shall bear the costs for private insurance.

(Added to NRS by 1995, 2059)

INSURANCE FOR HOME PROTECTION

NRS 690B.100 Definitions. As used in NRS 690B.100 to 690B.180, inclusive, unless the context otherwise requires:

1. “Home” means a structure used primarily for residential purposes and includes, without limitation:

(a) A single-family dwelling;

(b) A unit in a multiple-family structure;

(d) The common elements of a common-interest community, as defined in NRS 116.017, and any appurtenance to the common elements.

2. “Insurance for home protection” means a contract of insurance, which affords coverage over a specified term for a predetermined fee, under which a person, other than the manufacturer, builder, seller or lessor of the home, agrees to repair, replace or indemnify from the cost of repair or replacement based upon the failure of any structure, component, system or appliance of the home. The term does not include:

(a) A contract which insures against any consequential losses caused by the defects or failures.

(b) An annual home service agreement on household appliances, systems and components if the agreement principally provides for service, repair or replacement due to normal wear and tear or inherent defect. Such agreements may include provisions for incidental indemnity or for service or repair of roof leaks.

(Added to NRS by 1981, 1321; A 1995, 1630, 2558; 1997, 650; 1999, 1447; 2003, 3317)

NRS 690B.110 Applicability of other provisions.

1. Except as provided in subsection 2 and NRS 690B.100 to 690B.180, inclusive, insurance for home protection is subject to all applicable provisions of this Code.

2. The provisions of chapters 687A and 692C of NRS do not apply to insurance for home protection.

(Added to NRS by 1981, 1323)

NRS 690B.120 Exemption of person selling insurance from licensing requirements as agent, broker or solicitor. A person who sells insurance for home protection on behalf of an insurer who issues policies of casualty insurance or insurance for home protection is exempted from the provisions of chapter 683A of NRS which require the person to be licensed as an agent, broker or solicitor if:

1. The person’s sales activity is conducted pursuant to a written contract with the insurer which regulates his or her activity.

2. The person holds a valid broker’s, broker-salesperson’s or salesperson’s license issued pursuant to chapter 645 of NRS.

(Added to NRS by 1981, 1323)

NRS 690B.130 Deposit of securities or surety bond; maintenance of capital stock or surplus, premium reserves and losses and loss expense reserves.

1. Except as otherwise provided in subsection 2, an insurer who issues policies of insurance for home protection, other than casualty insurance, shall deposit, in accordance with chapter 682B of NRS, securities having a market value of not less than $50,000, unless the insurer furnishes evidence satisfactory to the Commissioner of maintaining a deposit of not less than that amount which complies with the requirements of the state of domicile of the insurer and is held for the protection of all holders of insurance contracts.

2. In lieu of the deposit of securities, the insurer may post with the Commissioner a surety bond of not less than $50,000 executed by an insurer who has a valid certificate of authority issued by the Commissioner.

3. The insurer shall maintain:

(a) Unimpaired paid-in capital stock or unimpaired basic surplus, or a combination thereof, in an amount not less than 10 percent of the amount charged as premiums for insurance currently in effect, but not less than $50,000, nor more than is required by NRS 680A.120 for a certificate of authority.

(b) Unearned premium reserves as required by NRS 681B.060.

(Added to NRS by 1981, 1321; A 1991, 2034; 1995, 1630)

NRS 690B.140 Investments in tangible personal property: Limitation; waiver. An insurer who issues policies of insurance for home protection, other than casualty insurance, may make investments in tangible personal property for use in fulfilling its obligations to repair or replace components, systems or appliances of the home under its contracts of insurance for home protection, in an amount not to exceed 35 percent of its assets, as determined pursuant to NRS 681B.010, unless the Commissioner, whenever the Commissioner deems it appropriate, waives this limitation by regulation.

(Added to NRS by 1981, 1322; A 1999, 1448)

NRS 690B.150 Filing of annual and quarterly statements. An insurer who issues policies of insurance for home protection, other than casualty insurance, shall file:

1. The annual statement required by NRS 680A.270 in the form prescribed by the Commissioner on or before March 1 of each year to cover the preceding calendar year; and

2. The quarterly statements required by NRS 680A.270 in accordance with the provisions of subsection 5 of that section.

(Added to NRS by 1981, 1322; A 1991, 2034; 2019, 1706)

NRS 690B.155 Provision requiring binding arbitration authorized; procedures for arbitration.

1. Subject to the approval of the Commissioner, a contract of insurance for home protection may include a provision which requires the parties to the contract to submit for binding arbitration any dispute between the parties concerning any matter directly or indirectly related to, or associated with, the contract.

2. Except as otherwise provided in subsection 3, the arbitration must be conducted pursuant to the rules for commercial arbitration established by the American Arbitration Association. The insurer is responsible for any administrative fees and expenses relating to the arbitration, except that the insurer is not responsible for attorney’s fees and fees for expert witnesses unless those fees are awarded by the arbitrator.

3. If a provision described in subsection 1 is included in a contract of insurance for home protection, the provision shall not be deemed unenforceable as an unreasonable contract of adhesion if the provision is included in compliance with the provisions of subsection 1.

(Added to NRS by 1995, 2557)

NRS 690B.160 Contracts: Specifications; cancellation; renewal.

1. A contract of insurance for home protection must specify:

(a) The structures, components, systems and appliances covered by the provisions of the contract.

(b) Any exclusions from and limitations on coverage.

(d) The services to be performed by the insurer and the terms and conditions of the insurer’s performance.

(e) The copayment, service fee or deductible charge, if any, to be charged to the insured.

(f) All limitations regarding the performance of services, including any restrictions as to the time during or geographical area within which services may be requested or will be performed.

(g) That the insurer will commence an investigation of a claim upon a request from the insured by telephone, without any requirement that claim forms or applications be filed before the commencement of the investigation.

(h) That, except in an emergency, including, without limitation, the loss of heating, cooling, plumbing or electrical service by the insured, services will be initiated by or under the direction of the insurer within 48 hours after the conclusion of an investigation of a claim. Work must commence on an emergency not later than 24 hours after the report of the claim. The Commissioner may adopt regulations to define “emergency” for the purposes of this paragraph.

(i) Other conditions and provisions pertaining to the coverage as required by the insurance laws of this State or regulations adopted by the Commissioner.

2. Insurance for home protection may not be cancelled during the term for which it is issued, except:

(a) For nonpayment of the fee for the contract.

(b) For fraud or misrepresentation of facts material to the issuance or renewal of the contract.

(c) Insurance which provides coverage before the home is sold if the sale is not made. The cancellation must be made in accordance with the contract provisions.

3. Insurance for home protection is not renewable unless its terms provide otherwise.

(Added to NRS by 1981, 1322; A 1999, 1448)

NRS 690B.170 Contracts: Regulations on content. The Commissioner may adopt reasonable regulations regarding the content of contracts of insurance for home protection to protect the interests of persons affected by the provisions of those contracts. The regulations may not extend to specifying the structures, components, systems or appliances which must be covered by insurance for home protection, except to the extent necessary to:

1. Obtain fairness in the exclusions from the coverage provided; or

2. Avoid illusory coverage caused by the nature or extent of the coverage exclusions.

(Added to NRS by 1981, 1323)

NRS 690B.175 Regulations regarding administrative expenses for insurers and accounting standards. The Commissioner may adopt regulations:

1. Defining administrative expenses for insurers who issue policies of insurance for home protection, and setting limitations on the amounts of such expenses as a percentage of total premiums; and

2. Defining accounting standards to be used for such insurers.

(Added to NRS by 1995, 1630)

NRS 690B.180 Prohibited acts. An insurer who issues policies of insurance for home protection, other than casualty insurance, shall not:

1. Engage in any other business of insurance or real estate pursuant to chapters 645 to 645H, inclusive, of NRS.

2. Assume reinsurance from any other insurer.

(Added to NRS by 1981, 1322; A 1999, 1449; 2017, 3105)

MEDICAL MALPRACTICE

NRS 690B.200 Definitions. As used in NRS 690B.200 to 690B.360, inclusive, unless the context otherwise requires, the words and terms defined in NRS 690B.210 to 690B.240, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 2003, 921, 3479; A 2017, 2376)

NRS 690B.210 “Claims-made policy” defined. “Claims-made policy” means a policy of professional liability insurance that provides coverage only for claims that arise from incidents or events which occur while the policy is in force and which are reported to the insurer while the policy is in force.

(Added to NRS by 2003, 921, 3479)

NRS 690B.220 “Extended reporting endorsement” defined. “Extended reporting endorsement” means an endorsement to a claims-made policy which requires the payment of a separate premium and which provides coverage for claims that arise from incidents or events which occur while the claims-made policy is in force but which are reported to the insurer after the claims-made policy is terminated.

(Added to NRS by 2003, 921, 3479)

NRS 690B.230 “Practitioner” defined. “Practitioner” means a practitioner who provides health care.

(Added to NRS by 2003, 922, 3479)

NRS 690B.240 “Professional liability insurance” defined. “Professional liability insurance” means a policy of insurance covering the liability of a practitioner for a breach of his or her professional duty toward a patient.

(Added to NRS by 2003, 922, 3479)

NRS 690B.250 Practitioners of the healing arts: Reports to licensing boards; availability for public inspection. Except as more is required in NRS 630.3067 and 633.526:

1. Each insurer which issues a policy of insurance covering the liability of a practitioner licensed pursuant to chapters 630 to 640, inclusive, of NRS or who holds a license or limited license issued pursuant to chapter 653 of NRS for a breach of his or her professional duty toward a patient shall report to the board which licensed the practitioner within 45 days each settlement or award made or judgment rendered by reason of a claim, if the settlement, award or judgment is for more than $5,000, giving the name of the claimant and the practitioner and the circumstances of the case.

2. A practitioner licensed pursuant to chapters 630 to 640, inclusive, of NRS or who holds a license or limited license issued pursuant to chapter 653 of NRS who does not have insurance covering liability for a breach of his or her professional duty toward a patient shall report to the board which issued the practitioner’s license within 45 days of each settlement or award made or judgment rendered by reason of a claim, if the settlement, award or judgment is for more than $5,000, giving the practitioner’s name, the name of the claimant and the circumstances of the case.

3. These reports are public records and must be made available for public inspection within a reasonable time after they are received by the licensing board.

(Added to NRS by 1981, 589; A 1985, 2246; 2002 Special Session, 24; 2003, 3480; 2017, 2376; 2019, 2740; 2023, 1710)

NRS 690B.270 Disclosure to practitioner of reasons for failure to issue professional liability insurance. If an insurer declines to issue to a practitioner licensed pursuant to chapter 630, 631, 632 or 633 of NRS a policy of professional liability insurance, the insurer shall, upon the request of the practitioner, disclose to the practitioner the reasons the insurer declined to issue the policy.

(Added to NRS by 2003, 3361)

NRS 690B.280 Disclosure to practitioner of reasons for higher premium. If an insurer, for a policy of professional liability insurance for a practitioner licensed pursuant to chapter 630, 631, 632 or 633 of NRS, sets the premium for the policy for the practitioner at a rate that is higher than the standard rate of the insurer for the applicable type of policy and specialty of the practitioner, the insurer shall, upon the request of the practitioner, disclose the reasons the insurer set the premium for the policy at the higher rate.

(Added to NRS by 2003, 3361)

NRS 690B.290 Insurer offering to issue claims-made policy required to offer extended reporting endorsement to certain practitioners; disclosure of formula used to determine premium. If an insurer offers to issue a claims-made policy to a practitioner licensed pursuant to chapter 630, 631, 632 or 633 of NRS, the insurer shall:

1. Offer to issue an extended reporting endorsement to the practitioner; and

2. Disclose to the practitioner the cost formula that the insurer uses to determine the premium for the extended reporting endorsement. The cost formula must be based on:

(a) An amount that is not more than twice the amount of the premium for the claims-made policy at the time of the termination of that policy; and

(b) The rates filed by the insurer and approved by the Commissioner.

(Added to NRS by 2003, 922)

NRS 690B.300 Prohibition against setting different premium rates based on number of babies delivered for certain practitioners; exception.

1. Except as otherwise provided in this section, if an insurer issues a policy of professional liability insurance to a practitioner licensed pursuant to chapter 630, 632 or 633 of NRS who delivers one or more babies per year, the insurer shall not set the premium for the policy at a rate that is different from the rate set for such a policy issued by the insurer to any other practitioner licensed pursuant to chapter 630, 632 or 633 of NRS who delivers one or more babies per year if the difference in rates is based in whole or in part upon the number of babies delivered per year by the practitioner.

2. If an insurer issues a policy of professional liability insurance to a practitioner licensed pursuant to chapter 630, 632 or 633 of NRS who delivers one or more babies per year, the insurer may set the premium for the policy at a rate that is different, based in whole or in part upon the number of babies delivered per year by the practitioner, from the rate set for such a policy issued by the insurer to any other practitioner licensed pursuant to chapter 630, 632 or 633 of NRS who delivers one or more babies per year if the insurer:

(a) Bases the difference upon actuarial and loss experience data available to the insurer; and

(b) Obtains the approval of the Commissioner for the difference in rates.

3. The provisions of this section do not prohibit an insurer from setting the premium for a policy of professional liability insurance issued to a practitioner licensed pursuant to chapter 630, 632 or 633 of NRS who delivers one or more babies per year at a rate that is different from the rate set for such a policy issued by the insurer to any other practitioner licensed pursuant to chapter 630, 632 or 633 of NRS who delivers one or more babies per year if the difference in rates is based solely upon factors other than the number of babies delivered per year by the practitioner.

(Added to NRS by 2003, 922)

NRS 690B.310 Prohibition against confidentiality of certain information relating to settlement of claim or action for breach of professional duty of certain practitioners.

1. If an agreement settles a claim or action against a practitioner licensed pursuant to chapter 630, 631, 632 or 633 of NRS for a breach of his or her professional duty toward a patient, the following terms of the agreement must not be made confidential:

(a) The names of the parties;

(b) The date of the incidents or events giving rise to the claim or action;

(c) The nature of the claim or action as set forth in the complaint and the answer that is filed with the district court; and

(d) The effective date of the agreement.

2. Any provision of an agreement to settle a claim or action that conflicts with this section is void.

(Added to NRS by 2003, 924)

NRS 690B.320 Additional requirements for insurer offering to issue claims-made policy to certain practitioners.

1. If an insurer offers to issue a claims-made policy to a practitioner licensed pursuant to chapters 630 to 640, inclusive, of NRS or who holds a license or limited license issued pursuant to chapter 653 of NRS, the insurer shall:

(a) Offer to issue to the practitioner an extended reporting endorsement without a time limitation for reporting a claim.

(b) Disclose to the practitioner the premium for the extended reporting endorsement and the cost formula that the insurer uses to determine the premium for the extended reporting endorsement.

(c) Disclose to the practitioner the portion of the premium attributable to funding the extended reporting endorsement offered at no additional cost to the practitioner in the event of the practitioner’s death, disability or retirement, if such a benefit is offered.

(d) Disclose to the practitioner the vesting requirements for the extended reporting endorsement offered at no additional cost to the practitioner in the event of the practitioner’s death or retirement, if such a benefit is offered. If such a benefit is not offered, the absence of such a benefit must be disclosed.

(e) Include, as part of the insurance contract, language which must be approved by the Commissioner and which must be substantially similar to the following:

If we adopt any revision that would broaden the coverage under this policy without any additional premium either within the policy period or within 60 days before the policy period, the broadened coverage will immediately apply to this policy.

2. The disclosures required by subsection 1 must be made as part of the offer and acceptance at the inception of the policy and again at each renewal in the form of an endorsement attached to the insurance contract and approved by the Commissioner.

3. The requirements set forth in this section are in addition to the requirements set forth in NRS 690B.290.

(Added to NRS by 2003, 3479; A 2019, 2740; 2023, 1711)

NRS 690B.330 Required reduction in premium for implementation of qualified risk management system; regulations; applicability.

1. In each rating plan of an insurer that issues a policy of professional liability insurance to a practitioner licensed pursuant to chapter 630 or 633 of NRS, the insurer shall provide for a reduction in the premium for the policy if the practitioner implements a qualified risk management system. The amount of the reduction in the premium must be determined by the Commissioner in accordance with the applicable standards for rates established in NRS 686B.010 to 686B.1799, inclusive.

2. A qualified risk management system must comply with all requirements established by the Commissioner.

3. The Commissioner shall adopt regulations to:

(a) Establish the requirements for a qualified risk management system; and

(b) Carry out the provisions of this section.

4. The provisions of this section apply to all rating plans which an insurer that issues a policy of professional liability insurance to a practitioner licensed pursuant to chapter 630 or 633 of NRS files with the Commissioner on and after the effective date of the regulations adopted by the Commissioner pursuant to this section.

(Added to NRS by 2003, 3480; A 2019, 1440)

NRS 690B.350 Essential medical specialties: Determination, cancellation, termination or nonrenewal of professional liability insurance.

1. The requirements of this section apply only if, after a hearing convened at the discretion of the Commissioner, the Commissioner determines that the market for professional liability insurance issued to any class, type or specialty of practitioner licensed pursuant to chapter 630, 631 or 633 of NRS is not competitive and that such insurance is unavailable or unaffordable for a substantial number of such practitioners.

2. If the Commissioner convenes a hearing pursuant to subsection 1 and issues a finding that the market for professional liability insurance issued to any class, type or specialty of practitioner licensed pursuant to chapter 630, 631 or 633 of NRS is not competitive, the Commissioner may designate that class, type or specialty of practitioner to be an essential medical specialty.

3. Except as otherwise provided in this section, if an insurer intends to cancel, terminate or otherwise not renew all policies of professional liability insurance that it has issued to any class, type or specialty of practitioner licensed pursuant to chapter 630, 631 or 633 of NRS, the insurer must provide 120 days’ notice of its intended action to the Commissioner and the practitioners before its intended action becomes effective.

4. If an insurer intends to cancel, terminate or otherwise not renew a specific policy of professional liability insurance that it has issued to a practitioner who is practicing in one or more of the essential medical specialties designated by the Commissioner:

(a) The insurer must provide 120 days’ notice to the practitioner before its intended action becomes effective; and

(b) The Commissioner may require the insurer to delay its intended action for a period of not more than 60 days if the Commissioner determines that a replacement policy is not readily available to the practitioner.

5. If an insurer intends to cancel, terminate or otherwise not renew all policies of professional liability insurance that it has issued to practitioners who are practicing in one or more of the essential medical specialties designated by the Commissioner:

(a) The insurer must provide 120 days’ notice of its intended action to the Commissioner and the practitioners before its intended action becomes effective; and

(b) The Commissioner may require the insurer to delay its intended action for a period of not more than 60 days if the Commissioner determines that replacement policies are not readily available to the practitioners.

6. The Commissioner may adopt any regulations that are necessary to carry out the provisions of this section.

(Added to NRS by 2003, 922; A 2003, 3361; 2017, 2377)

1. The Commissioner may collect all information which is pertinent to monitoring whether an insurer that issues professional liability insurance for a practitioner licensed pursuant to chapter 630, 631, 632 or 633 of NRS is complying with the applicable standards for rates established in NRS 686B.010 to 686B.1799, inclusive. Such information may include, without limitation:

(a) The amount of gross premiums collected with regard to each medical specialty;

(b) Information relating to loss ratios; and

2. In addition to the information collected pursuant to subsection 1, the Commissioner may request any additional information from an insurer:

(a) Whose rates and credit utilization are materially different from other insurers in the market for professional liability insurance for a practitioner licensed pursuant to chapter 630, 631, 632 or 633 of NRS in this State;

(b) Whose credit utilization shows a substantial change from the previous year; or

3. If the Commissioner requests additional information from an insurer pursuant to subsection 2, the Commissioner may:

(a) Determine whether the additional information offers a reasonable explanation for the results described in paragraph (a), (b) or (c) of subsection 2; and

(b) Take any steps permitted by law that are necessary and appropriate to assure the ongoing stability of the market for professional liability insurance for a practitioner licensed pursuant to chapter 630, 631, 632 or 633 of NRS in this State.

4. On an ongoing basis, the Commissioner may analyze and evaluate the information collected pursuant to this section to determine trends in and measure the health of the market for professional liability insurance for a practitioner licensed pursuant to chapter 630, 631, 632 or 633 of NRS in this State.

5. If the Commissioner convenes a hearing pursuant to subsection 1 of NRS 690B.350 and determines that the market for professional liability insurance issued to any class, type or specialty of practitioner licensed pursuant to chapter 630, 631 or 633 of NRS is not competitive and that such insurance is unavailable or unaffordable for a substantial number of such practitioners, the Commissioner shall prepare and submit a report of the Commissioner’s findings and recommendations to the Director of the Legislative Counsel Bureau for transmittal to members of the Legislature.

(Added to NRS by 2003, 923; A 2017, 2378; 2019, 1440, 1706)

TRANSPORTATION NETWORK COMPANIES

NRS 690B.400 Definitions. As used in NRS 690B.400 to 690B.495, inclusive, the words and terms defined in NRS 690B.410 to 690B.430, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 2015, 1375, 1398; A 2021, 3763)

NRS 690B.410 “Driver” defined. “Driver” has the meaning ascribed to it in NRS 706A.040.

(Added to NRS by 2015, 1375, 1398)

NRS 690B.415 “Monitored autonomous vehicle provider” defined. “Monitored autonomous vehicle provider” has the meaning ascribed to it in NRS 706A.047.

(Added to NRS by 2021, 3762)

NRS 690B.420 “Transportation network company” defined. “Transportation network company” has the meaning ascribed to it in NRS 706A.050.

(Added to NRS by 2015, 1375, 1398)

NRS 690B.425 “Transportation network company insurance” defined. “Transportation network company insurance” means a policy of insurance that includes coverage specifically for the use of a vehicle by a driver or monitored autonomous vehicle provider pursuant to NRS 690B.400 to 690B.495, inclusive.

(Added to NRS by 2015, 1375, 1398; A 2021, 3763)

NRS 690B.430 “Transportation services” defined. “Transportation services” has the meaning ascribed to it in NRS 706A.060.

(Added to NRS by 2015, 1375, 1398)

NRS 690B.450 Applicability. The provisions of NRS 690B.400 to 690B.495, inclusive, do not apply to a person who is regulated pursuant to chapter 704 or 706 of NRS unless the person holds a permit issued pursuant to NRS 706A.130.

(Added to NRS by 2015, 1375, 1398; A 2021, 3763)

NRS 690B.460 Required disclosures by transportation network companies to drivers. Before allowing a natural person to be connected to a potential passenger using the digital network or software application service of a transportation network company to provide transportation services as a driver, a transportation network company shall, in writing:

1. Disclose the insurance coverage and limits of liability that the transportation network company provides for a driver while the driver is providing transportation services; and

2. Notify the person that:

(a) His or her insurance for the operation of a motor vehicle required pursuant to NRS 485.185 may not provide coverage for the use of a motor vehicle to provide transportation services.

(b) If comprehensive or collision coverage was purchased in addition to such insurance, the comprehensive or collision coverage may not apply to any damage which results from the use of the motor vehicle while a driver is providing transportation services or logged into the digital network or software application service of a transportation network company and available to receive requests for transportation services.

3. Disclose to the person that, if there is a lien against a vehicle used by a driver to provide transportation services, the driver must notify the lienholder that the vehicle is being used to provide transportation services.

4. Disclose to the person that the use of a vehicle to provide transportation services may violate the contract between a driver and a lienholder.

(Added to NRS by 2015, 1376, 1398)

1. Every transportation network company or driver shall continuously provide, during any period in which the driver is providing transportation services, transportation network company insurance provided by an insurance company licensed by the Division of Insurance of the Department of Business and Industry and approved to do business in this State or a broker licensed pursuant to chapter 685A of NRS or procured directly from a nonadmitted insurer, as defined in NRS 685A.0375:

(a) In an amount of not less than $1,500,000 for bodily injury to or death of one or more persons and injury to or destruction of property of others in any one accident or motor vehicle crash that occurs while the driver is providing transportation services;

(b) In an amount of not less than $50,000 for bodily injury to or death of one person in any one accident or motor vehicle crash that occurs while the driver is logged into the digital network or software application service of the transportation network company and available to receive requests for transportation services but is not otherwise providing transportation services;

(c) Subject to the minimum amount for one person required by paragraph (b), in an amount of not less than $100,000 for bodily injury to or death of two or more persons in any one accident or motor vehicle crash that occurs while the driver is logged into the digital network or software application service of the transportation network company and available to receive requests for transportation services but is not otherwise providing transportation services; and

(d) In an amount of not less than $25,000 for injury to or destruction of property of others in any one accident or motor vehicle crash that occurs while the driver is logged into the digital network or software application service of the transportation network company and available to receive requests for transportation services but is not otherwise providing transportation services,

Ê for the payment of tort liabilities arising from the maintenance or use of the motor vehicle.

2. Every monitored autonomous vehicle provider shall continuously provide, during any period in which a monitored autonomous vehicle provider is operating a monitored autonomous vehicle, transportation network company insurance provided by an insurance company licensed by the Division of Insurance of the Department of Business and Industry and approved to do business in this State or a broker licensed pursuant to chapter 685A of NRS or procured directly from a nonadmitted insurer, as defined in NRS 685A.0375, in an amount of not less than $1,500,000 for bodily injury to or destruction of property of others in any one accident or motor vehicle crash that occurs while the monitored autonomous vehicle provider is operating a monitored autonomous vehicle for the payment of tort liabilities arising from the maintenance or use of the monitored autonomous vehicle.

3. The transportation network company insurance required by subsection 1 or 2, as applicable, may be provided through one or a combination of insurance policies provided by the transportation network company, the driver, the monitored autonomous vehicle provider, both the transportation network company and the driver or both the transportation network company and the monitored autonomous vehicle provider.

4. Every transportation network company shall continuously provide, during any period in which the driver or monitored autonomous vehicle provider is providing transportation services, transportation network company insurance provided by an insurance company licensed by the Division of Insurance of the Department of Business and Industry and approved to do business in this State or a broker licensed pursuant to chapter 685A of NRS or procured directly from a nonadmitted insurer, as defined in NRS 685A.0375, which meets the requirements of subsection 1 or 2, as applicable, as primary insurance if the insurance provided by the driver or monitored autonomous vehicle provider:

(a) Lapses; or

(b) Fails to meet the requirements of subsection 1 or 2, as applicable.

5. Notwithstanding the provisions of NRS 485.185 and 485.186 which require the owner or operator of a motor vehicle to provide insurance, transportation network company insurance shall be deemed to satisfy the requirements of NRS 485.185 or 485.186, as appropriate, regardless of whether the insurance is provided by the transportation network company, the driver, the monitored autonomous vehicle provider, both the transportation network company and the driver or both the transportation network company and the monitored autonomous vehicle provider, if the transportation network company insurance otherwise satisfies the requirements of NRS 485.185 or 485.186, as appropriate.

6. In addition to the coverage required pursuant to subsection 1 or 2, as applicable, a policy of transportation network company insurance may include additional coverage, including, without limitation, coverage for medical payments, coverage for uninsured or underinsured motorists, comprehensive coverage and collision coverage.

7. An insurer who provides transportation network company insurance shall not require a policy of insurance for the operation of a motor vehicle required pursuant to NRS 485.185 or 485.186, as appropriate, to deny a claim before the transportation network company insurance provides coverage for a claim.

8. An insurer who provides transportation network company insurance has a duty to defend and indemnify the driver or monitored autonomous vehicle provider and the transportation network company.

9. An insurer who provides transportation network company insurance which includes comprehensive coverage or collision coverage for the operation of a motor vehicle against which a lienholder holds a lien shall issue any payment for a claim under such coverage:

(a) Directly to the person who performs repairs upon the vehicle; or

(b) Jointly to the owner of the vehicle and the lienholder.

10. A transportation network company that provides transportation network company insurance for a motor vehicle is not deemed to be the owner of the motor vehicle.

11. As used in this section, “monitored autonomous vehicle” has the meaning ascribed to it in NRS 706A.045.

(Added to NRS by 2015, 1376, 1398; A 2021, 3763)

1. A policy of insurance for the operation of a motor vehicle required pursuant to NRS 485.185 or 485.186, as appropriate, is not required to include transportation network company insurance. An insurer providing a policy which excludes transportation network company insurance does not have a duty to defend or indemnify a driver or monitored autonomous vehicle provider for any claim arising during any period in which the driver or monitored autonomous vehicle provider is logged into the digital network or software application service of the transportation network company, available to receive requests for transportation services or providing transportation services.

2. An insurer who provides a policy of insurance for the operation of a motor vehicle required pursuant to NRS 485.185 or 485.186, as appropriate, may include transportation network company insurance in such a policy. An insurer may charge an additional premium for the inclusion of transportation network company insurance in such a policy.

3. An insurer who:

(a) Defends or indemnifies a driver or monitored autonomous vehicle provider for a claim arising during any period in which the driver or monitored autonomous vehicle provider is logged into the digital network or software application service of the transportation network company, available to receive requests for transportation services or providing transportation services; and

(b) Excludes transportation network company insurance from the policy of insurance for the operation of a motor vehicle provided to the driver or monitored autonomous vehicle provider,

Ê has the right of contribution against other insurers who provide coverage to the driver or monitored autonomous vehicle provider to satisfy the coverage required by NRS 690B.470 at the time of the loss.

(Added to NRS by 2015, 1377, 1400; A 2021, 3765)

NRS 690B.490 Required cooperation and sharing of information during investigation. In any investigation relating to tort liability arising from the operation of a motor vehicle, each transportation network company, driver and monitored autonomous vehicle provider, and each insurer providing transportation network company insurance to a transportation network company, driver or monitored autonomous vehicle provider who is involved in the underlying incident shall cooperate with any other party to the incident and any other insurer involved in the investigation and share information, including, without limitation:

1. The date and time of an accident or motor vehicle crash involving a driver or monitored autonomous vehicle provider.

2. The dates and times that the driver or monitored autonomous vehicle provider involved in an accident or motor vehicle crash logged into the digital network or software application service of the transportation network company for a period of 12 hours immediately preceding and 12 hours immediately following the accident or motor vehicle crash.

3. The dates and times that the driver or monitored autonomous vehicle provider involved in an accident or motor vehicle crash logged out of the digital network or software application service of the transportation network company for a period of 12 hours immediately preceding and 12 hours immediately following the accident or motor vehicle crash.

4. A clear description of the coverage, exclusions and limits provided under any policy of transportation network company insurance which applies.

(Added to NRS by 2015, 1378, 1400; A 2021, 3766)

1. A monitored autonomous vehicle provider shall ensure that proof of coverage under a policy of transportation network company insurance is contained within the monitored autonomous vehicle of the monitored autonomous vehicle provider at all times when the monitored autonomous vehicle provider is operating the monitored autonomous vehicle.

2. If the monitored autonomous vehicle of a monitored autonomous vehicle provider is involved in an accident or motor vehicle crash, the monitored autonomous vehicle provider shall ensure that any law enforcement officer and any party with whom the monitored autonomous vehicle is involved in the accident or motor vehicle crash is provided with:

(a) Proof of coverage under a policy of transportation network company insurance; and

(b) A disclosure as to whether the monitored autonomous vehicle provider was logged into the digital network or software application service of the transportation network company, available to receive requests for transportation services or providing transportation services at the time of the accident or motor vehicle crash.

3. As used in this section, “monitored autonomous vehicle” has the meaning ascribed to it in NRS 706A.045.

(Added to NRS by 2021, 3762)

1. A driver shall carry proof of coverage under a policy of transportation network company insurance at all times when the driver is logged into the digital network or software application service of the transportation network company, available to receive requests for transportation services or providing transportation services.

2. A driver shall provide proof of coverage under a policy of transportation network company insurance and disclose whether he or she was logged into the digital network or software application service of the transportation network company, available to receive requests for transportation services or providing transportation services at the time of an accident or motor vehicle crash upon request to a law enforcement officer and to any party with whom the driver is involved in an accident or motor vehicle crash.

(Added to NRS by 2015, 1378, 1401)