NRS696B.330. Form of claim; notice; hearing.

      1.  All claims against an insurer against which delinquency proceedings have commenced must be filed in the manner and form established by the receiver and set forth in reasonable detail the amount of the claim, or the basis upon which that amount can be ascertained, the facts upon which the claim is based, and the priorities asserted, if any. All such claims must be verified by the affidavit of the claimant, or someone authorized to act on the behalf of the claimant and having knowledge of the facts, and be supported by such documents as may be material thereto.

      2.  All claims filed in this State must be filed with the receiver, whether domiciliary or ancillary, in this State, on or before the last date for filing as specified in this chapter or as directed by the court.

      3.  Except as otherwise provided in subsection 4, after the last date for filing a claim against an insurer as specified in this chapter, the receiver shall:

      (a) Determine whether to approve or deny, in whole or in part, each claim against the insurer filed with the receiver pursuant to subsection 2; and

      (b) If the receiver approves a claim, in whole or in part, determine the class of the claim as provided in NRS 696B.420.

      4.  The receiver is not required to process any claims in a class until it appears that assets will be available for distribution to that class. If there are insufficient assets to process claims for a class, the receiver shall notify the court and may make a recommendation to the court for the processing of any such claims.

      5.  The receiver shall mail, by first-class mail, postage prepaid, to each claimant that filed a claim with the receiver pursuant to subsection 2, written notice of the determination regarding the claim.

      6.  The receiver shall submit to the court a report on the determination of the receiver on each claim approved in whole or in part.

      7.  Not more than 60 days after the mailing of the written notice pursuant to subsection 5 or the submission of the report pursuant to subsection 6, whichever occurs later, a person may file with the receiver an objection to the determination of the receiver on a claim.

      8.  If an objection is filed pursuant to subsection 7, the receiver shall submit to the court a report on the determination of the receiver on each claim to which an objection has been filed. The court shall fix a time for a hearing on such claims and shall direct the receiver to give notice of the hearing. The notice provided by the receiver must:

      (a) Be sent to the claimant by first-class mail, postage prepaid, not more than 30 days and not less than 10 days before the hearing, on any claim to which an objection has been filed; and

      (b) Specify the time and place of the hearing.

      9.  A hearing may be conducted by the court or by a master or referee appointed by the court. If a hearing is conducted by a master or referee, the master or referee shall submit findings of fact and recommendations to the court. The court shall enter an order approving or denying, in whole or in part, a claim filed against an insurer. Any such order is an appealable order.

      (Added to NRS by 1971, 1894; A 2007, 3331)