Settlement of third-party liability claims; written notice of payment; failure to serve notice.

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1. In any third-party liability claim, an insurer shall not issue a check or draft or otherwise make payment of $5,000 or more in settlement of the claim to a representative of the claimant, including, without limitation, the lawyer for the claimant, unless the insurer, at the time of making the payment or as soon as practicable thereafter, mails written notice of the payment to the claimant at the last known address of the claimant.

2. The failure of an insurer to serve notice as required by subsection 1 or defective service of the notice does not:

(a) Create, and must not be construed to create, a cause of action for any natural person or entity other than the Commissioner.

(b) Establish, and must not be construed to establish, a defense for any party to any cause of action.

3. As used in this section, "third-party liability claim" means a claim brought under a liability insurance policy by a person other than the insured, where the claimant is a natural person.

(Added to NRS by 2005, 1001)


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