Senate Bill No. 290–Senator Neal

March 3, 1999

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Referred to Committee on Commerce and Labor

 

SUMMARY—Expands authority of state industrial insurance system to transact insurance in Nevada. (BDR 53-528)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Yes.

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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; authorizing in skeleton form for the state industrial insurance system to transact life insurance, motor vehicle insurance and property insurance that provides coverage against loss or damage to a home; 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. NRS 616A.270 is hereby amended to read as follows:

1-2 616A.270 "Insurer" includes:

1-3 1. The state industrial insurance system [;] for the limited purpose of

1-4 providing industrial insurance pursuant to the provisions of chapters

1-5 616A to 617, inclusive, of NRS;

1-6 2. A self-insured employer;

1-7 3. An association of self-insured public employers;

1-8 4. An association of self-insured private employers; and

1-9 5. A private carrier.

1-10 Sec. 2. Chapter 616B of NRS is hereby amended by adding thereto a

1-11 new section to read as follows:

1-12 All premiums, contributions, penalties, bonds, securities and other

1-13 property of the system that are attributable to policies of life insurance,

1-14 motor vehicle insurance and property insurance that provides coverage

1-15 against loss or damage to a home that are issued by the system pursuant

1-16 to the provisions of Title 57 of NRS must be:

2-1 1. Credited on the records of the system to the fund for the

2-2 transaction of insurance, which is hereby created.

2-3 2. Held by the manager as custodian thereof for the benefit of the

2-4 policyholders who purchase such policies of insurance from the system.

2-5 Sec. 3. NRS 616B.050 is hereby amended to read as follows:

2-6 616B.050 1. The state industrial insurance system is hereby

2-7 established as an independent actuarially funded system to [insure] :

2-8 (a) Insure employers against liability for injuries and occupational

2-9 diseases for which their employees may be entitled to receive compensation

2-10 pursuant to chapters 616A to 616D, inclusive, of NRS or chapter 617 of

2-11 NRS, and the federal [Longshoremen’s] Longshore and Harbor Workers’

2-12 Compensation Act.

2-13 (b) Transact in this state life insurance, motor vehicle insurance or

2-14 property insurance that provides coverage against loss or damage to a

2-15 home, or any combination thereof authorized by the provisions of Title

2-16 57 of NRS.

2-17 2. The system may create one or more entities to carry out the business

2-18 of the system, which may be operated under any legal name in addition to

2-19 the state industrial insurance system on behalf of the system.

2-20 [2.] 3. The system is a public agency which administers and is

2-21 supported by the state insurance fund [.] and the fund for the transaction

2-22 of insurance. The executive and legislative departments of the state

2-23 government shall regularly review the system.

2-24 [3.] 4. The system is entitled but not required to use any services

2-25 provided to state agencies. Except as otherwise provided for specified

2-26 positions, its employees are in the classified service of the state.

2-27 Sec. 4. NRS 616B.083 is hereby amended to read as follows:

2-28 616B.083 1. The money and assets held in trust by the system

2-29 include:

2-30 (a) All premiums and other money paid to the system [;] pursuant to

2-31 chapters 616A to 617, inclusive, of NRS;

2-32 (b) All property and securities acquired through the use of money in the

2-33 state insurance fund; and

2-34 (c) All interest and dividends earned upon money in the state insurance

2-35 fund and deposited or invested as provided in chapters 616A to 616D,

2-36 inclusive, of NRS.

2-37 2. [The] Except as otherwise provided in Title 57 of NRS, the system

2-38 shall:

2-39 (a) Report to the commissioner only its financial statement and results of

2-40 operations for the account for current claims in accordance with those

2-41 accounting principles that are prescribed by the commissioner and applied

2-42 to other insurers providing coverage for workers’ compensation.

3-1 (b) Discount its reserve for losses for industrial insurance for

3-2 accounting periods beginning on or after July 1, 1995, at a rate determined

3-3 by the manager, but not to exceed 4 percent.

3-4 (c) Allocate to the account for the administration of extended claims

3-5 created pursuant to NRS 616B.087 $650,000,000 in invested assets.

3-6 Sec. 5. NRS 616B.089 is hereby amended to read as follows:

3-7 616B.089 The State of Nevada is not liable for the payment of any

3-8 compensation or any salaries or expenses [in] :

3-9 1. In the administration of chapters 616A to 616D, inclusive, of NRS

3-10 [,] ; or

3-11 2. Required to be paid by the system pursuant to the provisions of

3-12 Title 57 of NRS,

3-13 but is responsible for the safety and preservation of the state insurance

3-14 fund.

3-15 Sec. 6. NRS 616B.179 is hereby amended to read as follows:

3-16 616B.179 The system may:

3-17 1. Pursuant to the provisions of chapters 616A to 617, inclusive, of

3-18 NRS:

3-19 (a) Insure an employer against liability for workers’ compensation and

3-20 other liability that the employer may have because of bodily injury or

3-21 occupational disease to his employee arising out of and in the course of

3-22 employment, to the same degree as any other insurer;

3-23 [2.] (b) Insure employers against their liability for compensation or

3-24 damages under the [Longshoremen’s] Longshore and Harbor Workers’ Act

3-25 or any extension of that Act, to the same degree as any other insurer;

3-26 [3.] (c) Furnish advice, services and excess insurance for workers’

3-27 compensation; and

3-28 [4.] (d) Reinsure any risk or any part thereof.

3-29 2. Pursuant to the provisions of Title 57 of NRS, transact in this state

3-30 life insurance, motor vehicle insurance or property insurance that

3-31 provides coverage against loss or damage to a home, or any combination

3-32 thereof authorized by the provisions of that Title.

3-33 Sec. 7. NRS 679A.100 is hereby amended to read as follows:

3-34 679A.100 "Insurer" includes [every] :

3-35 1. Every person engaged as principal and as indemnitor, surety or

3-36 contractor in the business of entering into contracts of insurance [.] ; and

3-37 2. The state industrial insurance system for the limited purpose of

3-38 transacting in this state life insurance, motor vehicle insurance, or

3-39 property insurance that provides coverage against loss or damage to a

3-40 home, or any combination thereof authorized by the provisions of this

3-41 Title.

4-1 Sec. 8. NRS 680A.080 is hereby amended to read as follows:

4-2 680A.080 To qualify for and hold authority to transact insurance in this

4-3 state, an insurer must be otherwise in compliance with this code and with

4-4 its charter powers, and must be an incorporated stock or mutual insurer, or

4-5 a reciprocal insurer, of the same general type as may be formed as a

4-6 domestic insurer under this code, except that:

4-7 1. No foreign insurer may be authorized to transact insurance in this

4-8 state which does not maintain reserves as required by chapter 681B of NRS

4-9 , [(assets and liabilities),] as applicable to the kind or kinds of insurance

4-10 transacted by such insurer, wherever transacted in the United States of

4-11 America, or which transacts business anywhere in the United States of

4-12 America on the assessment plan, or stipulated premium plan, or any similar

4-13 plan.

4-14 2. No insurer may be authorized to transact a kind of insurance in this

4-15 state unless [duly] authorized or qualified to transact such insurance in the

4-16 state or country of its domicile.

4-17 3. No insurer may be authorized to transact in this state any kind of

4-18 insurance which is not within the definitions as set forth in NRS 681A.010

4-19 to 681A.080, inclusive . [(kinds of insurance).]

4-20 4. No such authority may be granted or continued to any insurer while

4-21 in arrears to the state for fees, licenses, taxes, assessments, fines or

4-22 penalties accrued on business previously transacted in this state.

4-23 5. The state industrial insurance system may be authorized to

4-24 transact in this state life insurance, motor vehicle insurance or property

4-25 insurance that provides coverage against loss or damage to a home, or

4-26 any combination thereof authorized by the provisions of this Title, if the

4-27 system is otherwise in compliance with this code.

4-28 In addition to the other requirements set forth in this section, an insurer

4-29 who proposes to transact in this state insurance that protects a policyholder

4-30 from liability arising out of the ownership, maintenance or use of a motor

4-31 vehicle must demonstrate to the satisfaction of the department of motor

4-32 vehicles and public safety that the insurer is able to comply with the

4-33 provisions of NRS 485.314.

4-34 Sec. 9. NRS 680A.120 is hereby amended to read as follows:

4-35 680A.120 1. Except as otherwise provided in subsections 2 [and 5,] ,

4-36 5 and 6, to qualify for authority to transact any one kind of insurance as

4-37 defined in NRS 681A.010 to 681A.080, inclusive, or combinations of kinds

4-38 of insurance as shown below, an insurer [shall] must possess and thereafter

4-39 maintain unimpaired paid-in capital stock, if a stock insurer, or unimpaired

4-40 basic surplus, if a mutual or a reciprocal insurer, and free surplus not less

4-41 than 100 percent of the minimum required capital stock or minimum

4-42 required basic surplus, and when first so authorized [shall] must possess

5-1 initial free surplus, all in amounts not less than as determined from the

5-2 following table:

5-3 FOREIGN MUTUAL RECIPROCAL

5-4 STOCK INSURERS INSURERS INSURERS

5-5 Minimum Minimum Minimum

5-6 Kind or Required Initial Required Initial Required Initial

5-7 Kinds of Capital Free Basic Free Basic Free

5-8 Insurance Stock Surplus Surplus Surplus Surplus Surplus

5-9 Life 500,000 1,000,000 500,000 1,000,000 N/A N/A

5-10 Health,

5-11 Property,

5-12 Casualty,

5-13 Surety,

5-14 Marine &

5-15 Trans-

5-16 porta-

5-17 tion

5-18 Multiple

5-19 line 500,000 1,000,000 500,000 1,000,000 500,000 1,000,000

5-20 Title 500,000 750,000 N/A N/A N/A N/A

5-21 Financial

5-22 Guarantee 10,000,000 40,000,000 N/A N/A N/A N/A

5-23 2. At the discretion of the commissioner, a domestic insurer holding a

5-24 valid certificate of authority to transact insurance in this state immediately

5-25 [prior to] before January 1, 1992, may, if otherwise qualified therefor,

5-26 continue to be so authorized while possessing the amount of paid-in capital

5-27 stock, if a stock insurer, or surplus, if a mutual insurer, required by the laws

5-28 of this state for such authority immediately before January 1, 1992, for a

5-29 period not to exceed 2 years. On or before January 1, 1994, the insurer

5-30 [shall meet] must comply with the requirements of subsection 1. The

5-31 commissioner shall not grant such an insurer authority to transact any other

5-32 or additional kinds of insurance unless it then fully complies with the

5-33 requirements as to capital and surplus, as applied to all kinds of insurance

5-34 which it then proposes to transact, as provided by this section for like

5-35 foreign insurers applying for original certificates of authority pursuant to

5-36 this code.

5-37 3. [Capital] Requirements for capital and surplus [requirements] are

5-38 based upon all the kinds of insurance transacted by the insurer in any and

5-39 all areas in which it operates or proposes to operate, whether or not only a

5-40 portion of such kinds of insurance are to be transacted in this state.

6-1 4. As to surplus required for qualification to transact one or more kinds

6-2 of insurance and thereafter to be maintained, domestic mutual insurers are

6-3 governed by chapter 693A of NRS and domestic reciprocal insurers are

6-4 governed by chapter 694B of NRS.

6-5 5. An insurer who transacts financial guaranty insurance in this state

6-6 [must] may transact only one kind of insurance and must possess and

6-7 maintain the minimum capital and surplus requirements pursuant to

6-8 subsection 1.

6-9 6. The commissioner may grant the state industrial insurance system

6-10 the authority to transact life insurance, motor vehicle insurance or

6-11 property insurance that provides coverage against loss or damage to a

6-12 home, or any combination thereof authorized by the provisions of this

6-13 Title, if the system maintains a surplus of a kind and in an amount

6-14 required by the commissioner.

6-15 Sec. 10. NRS 680A.140 is hereby amended to read as follows:

6-16 680A.140 1. [The] Except as otherwise provided in subsection 2,

6-17 the commissioner shall not authorize an insurer to transact insurance in this

6-18 state, other than an alien insurer or a title insurer, unless it makes and

6-19 thereafter continuously maintains on deposit in this state, through the

6-20 commissioner, cash or securities eligible for such deposit under the laws of

6-21 this state of a fair market value not less than its minimum required capital

6-22 stock , [(] if a stock insurer , [)] or minimum required basic surplus , [(] if a

6-23 mutual or reciprocal insurer , [),] for the protection of the insurer’s

6-24 policyholders or of its policyholders and creditors in the United States of

6-25 America. The commissioner may adopt regulations which allow the use of

6-26 securities as a deposit without delivery of the securities to the

6-27 commissioner.

6-28 2. The commissioner shall not authorize the state industrial

6-29 insurance system to transact in this state life insurance, motor vehicle

6-30 insurance or property insurance that provides coverage against loss or

6-31 damage to a home, or any combination thereof authorized by the

6-32 provisions of this Title, unless it makes and thereafter continuously

6-33 maintains on deposit in this state, through the commissioner, securities

6-34 or other assets eligible for such deposit under the laws of this state in an

6-35 amount required by the commissioner, for the protection of the system’s

6-36 policyholders or of its policyholders and creditors in the United States.

6-37 The amount so required must be based on the assets of the system

6-38 attributable to the transaction in this state of such kinds of insurance. As

6-39 used in this subsection, the term "policyholders" does not include a

6-40 policyholder to whom the system issues a policy of industrial insurance

6-41 pursuant to the provisions of chapters 616A to 617, inclusive, of NRS.

6-42 3. The commissioner shall not so authorize a title insurer unless it so

6-43 deposits and maintains such cash or securities of fair market value not less

7-1 than its minimum required capital stock as a guaranty fund for the security

7-2 and protection of the holders of, or beneficiaries under, the title insurance

7-3 contracts issued by the insurer.

7-4 [3.] 4. The commissioner shall not so authorize an alien insurer unless

7-5 it so makes and thereafter continuously maintains such a deposit,

7-6 representing money in excess of all the insurer’s liabilities under insurance

7-7 contracts in force in the United States of America, of a fair market value of

7-8 not less than that required under subsection 1, as to a like foreign insurer.

7-9 The deposit must be held in trust for the protection of all the insurer’s

7-10 policyholders, or policyholders and creditors, in the United States of

7-11 America.

7-12 [4.] 5. In lieu of such a deposit made or maintained in this state, the

7-13 commissioner shall accept the certificate in proper form of the public

7-14 officer having general supervision of insurers in any other state to the effect

7-15 that a deposit of like quality and amount, or part thereof, by an insurer is

7-16 being maintained for like purposes in public custody or control pursuant to

7-17 the laws of that state, if the commissioner is satisfied as to the like quality

7-18 and amount of the deposit.

7-19 [5.] 6. All such deposits in this state are subject to the applicable

7-20 provisions of chapter 682B of NRS.

7-21 Sec. 11. NRS 681B.020 is hereby amended to read as follows:

7-22 681B.020 In addition to assets impliedly excluded by the provisions of

7-23 NRS 681B.010, the following expressly [shall] may not be allowed as

7-24 assets in any determination of the financial condition of an insurer:

7-25 1. Goodwill, trade names and other like intangible assets.

7-26 2. Advances to officers , [(] other than policy loans , [)] whether

7-27 secured or not, and advances to employees, agents and other persons on

7-28 personal security only.

7-29 3. Stock of such insurer, owned by it, or any equity therein or loans

7-30 secured thereby, or any proportionate interest in such stock acquired or

7-31 held through the ownership by such insurer of an interest in another firm,

7-32 corporation or business unit.

7-33 4. Furniture, fixtures, furnishings, safes, vehicles, libraries, stationery,

7-34 literature and supplies , [(] other than data processing, recordkeeping and

7-35 accounting systems authorized under subsection 13 of NRS 681B.010 , [),]

7-36 except:

7-37 (a) In the case of title insurers , such materials and plants as the insurer

7-38 is expressly authorized to invest in under NRS 682A.220; and

7-39 (b) In the case of any insurer, such personal property as the insurer is

7-40 permitted to hold pursuant to chapter 682A of NRS , [(investments),] or

7-41 which is reasonably necessary for the maintenance and operation of real

7-42 property lawfully acquired and held by the insurer other than real property

7-43 used by it for home office, branch office and similar purposes.

8-1 5. The amount, if any, by which the aggregate book value of

8-2 investments as carried in the ledger assets of the insurer exceeds the

8-3 aggregate value thereof as determined under this code.

8-4 6. In the case of the state industrial insurance system, the money and

8-5 assets held in trust by the system pursuant to NRS 616B.083.

8-6 Sec. 12. NRS 682A.010 is hereby amended to read as follows:

8-7 682A.010 This chapter, with the exception of NRS 682A.290, applies

8-8 only to [domestic] :

8-9 1. Domestic insurers.

8-10 2. The assets of the state industrial insurance system that are

8-11 attributable to the transaction in this state of life insurance, motor

8-12 vehicle insurance or property insurance that provides coverage against

8-13 loss or damage to a home, or any combination thereof authorized by the

8-14 provisions of this Title.

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