Assembly Bill No. 475–Committee on Commerce and Labor

March 11, 1999

____________

Referred to Committee on Commerce and Labor

 

SUMMARY—Provides that determination of whether misrepresentation by insured concerning claim is material is matter of law. (BDR 57-1299)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

~

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to insurance; providing that the materiality of certain acts and omissions of an insured concerning a claim must be determined by the court as a matter of law; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 686A of NRS is hereby amended by adding

1-2 thereto a new section to read as follows:

1-3 In any civil or criminal proceeding before a court, the issue of the

1-4 materiality of a misrepresentation, omission, concealment of fact or

1-5 incorrect statement by an insured concerning a claim must be determined

1-6 by the court as a matter of law.

1-7 Sec. 2. This act becomes effective upon passage and approval.

~