681A.210 - Requirements when assuming insurer is not licensed or accredited to transact insurance or reinsurance in this State. - Nevada Statutes

681A.210  Requirements when assuming insurer is not licensed or accredited to transact insurance or reinsurance in this State.

      1.  Except as otherwise provided in subsection 2, if the assuming insurer is not licensed or accredited to transact insurance or reinsurance in this State, the credit permitted by NRS 681A.170 or 681A.180 must not be allowed unless the assuming insurer agrees in the agreements for reinsurance:

      (a) That in the event of the failure of the assuming insurer to perform its obligations under the terms of the agreement, the assuming insurer, at the request of the ceding insurer, will submit to the jurisdiction of any court of competent jurisdiction in any state of the United States, will comply with all requirements necessary to give the court jurisdiction, and will abide by the final decision of the court or of any appellate court in the event of an appeal;

      (b) To designate the Commissioner or a designated attorney as its true and lawful attorney upon whom may be served any lawful process in an action, suit or proceeding instituted by or on behalf of the ceding company; and

      (c) To comply with the conditions set forth in subsection 4 of NRS 681A.180.

      2.  This section does not conflict with or override the obligation of the parties to an agreement for reinsurance to arbitrate their disputes if such an obligation is created in the agreement.

      (Added to NRS by 1995, 1758; A 2003, 3286)