NRS683A.025. “Administrator” defined.  


Latest version.
  •       1.  Except as limited by this section, “administrator” means a person who:

          (a) Directly or indirectly underwrites or collects charges or premiums from or adjusts or settles claims of residents of this State or any other state from within this State in connection with workers’ compensation insurance, life or health insurance coverage or annuities, including coverage or annuities provided by an employer for his or her employees;

          (b) Administers an internal service fund pursuant to NRS 287.010;

          (c) Administers a trust established pursuant to NRS 287.015, under a contract with the trust;

          (d) Administers a program of self-insurance for an employer;

          (e) Administers a program which is funded by an employer and which provides pensions, annuities, health benefits, death benefits or other similar benefits for his or her employees; or

          (f) Is an insurance company that is licensed to do business in this State or is acting as an insurer with respect to a policy lawfully issued and delivered in a state where the insurer is authorized to do business, if the insurance company performs any act described in paragraphs (a) to (e), inclusive, for or on behalf of another insurer unless the insurers are affiliated and each insurer is licensed to do business in this State.

          2.  “Administrator” does not include:

          (a) An employee authorized to act on behalf of an administrator who holds a certificate of registration from the Commissioner.

          (b) An employer acting on behalf of his or her employees or the employees of a subsidiary or affiliated concern.

          (c) A labor union acting on behalf of its members.

          (d) Except as otherwise provided in paragraph (f) of subsection 1, an insurance company licensed to do business in this State or acting as an insurer with respect to a policy lawfully issued and delivered in a state in which the insurer was authorized to do business.

          (e) A producer of life or health insurance licensed in this State, when his or her activities are limited to the sale of insurance.

          (f) A creditor acting on behalf of his or her debtors with respect to insurance covering a debt between the creditor and debtor.

          (g) A trust and its trustees, agents and employees acting for it, if the trust was established under the provisions of 29 U.S.C. § 186.

          (h) Except as otherwise provided in paragraph (c) of subsection 1, a trust and its trustees, agents and employees acting for it, if the trust was established pursuant to NRS 287.015.

          (i) A trust which is exempt from taxation under section 501(a) of the Internal Revenue Code, 26 U.S.C. § 501(a), its trustees and employees, and a custodian, his or her agents and employees acting under a custodial account which meets the requirements of section 401(f) of the Internal Revenue Code, 26 U.S.C. § 401(f).

          (j) A bank, credit union or other financial institution which is subject to supervision by federal or state banking authorities.

          (k) A company which issues credit cards, and which advances for and collects premiums or charges from credit card holders who have authorized it to do so, if the company does not adjust or settle claims.

          (l) An attorney at law who adjusts or settles claims in the normal course of his or her practice or employment, but who does not collect charges or premiums in connection with life or health insurance coverage or with annuities.

          3.  As used in this section, “affiliated” means any insurer or other person that directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, another insurer or other person.

      (Added to NRS by 1977, 729; A 1979, 974; 1981, 1324; 1985, 479; 1999, 2792; 2001, 2201; 2003, 2741; 2011, 3356)