Cease And Desist Order In Insurance In Nevada

State:
Multi-State
Control #:
US-00423BG
Format:
Word; 
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Description

A form of publication which tends to cause one to lose the esteem of the community is defamation. This is injury to reputation. A person can be held liable for the defamation of another. In order to prove defamation, the plaintiff must prove:



- that a statement was made about the plaintiff's reputation, honesty or integrity that is not true;



- publication to a third party (i.e., another person hears or reads the statement); and



- the plaintiff suffers damages as a result of the statement.



Slander is a form of defamation that consists of making false oral statements about a person which would damage that person's reputation. If one spreads a rumor that his neighbor has been in jail and this is not true, the person making such false statements could be held liable for slander.



Defamation which occurs by written statements is known as libel. Libel also may result from a picture or visual representation. Truth is an absolute defense to slander or libel.



Some statements, while libelous or slanderous, are absolutely privileged in the sense that the statements can be made without fear of a lawsuit for slander. The best example is statements made in a court of law. An untrue statement made about a person in court which damages that person's reputation will generally not cause liability to the speaker as far as slander is concerned. However, if the statement is untrue, the person making it may be liable for criminal perjury.



If a communication is made in good faith on a subject in which the party communicating it has a legitimate right or interest in communicating it, this communication may be exempt from slander liability due to a qualified privileged.



The following form letter demands that someone cease making libelous or slanderous statements, or appropriate legal action will be taken.

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FAQ

Our Story. The National Association of Insurance Commissioners (NAIC) provides expertise, data, and analysis for insurance commissioners to effectively regulate the industry and protect consumers.

The Nevada Division of Insurance, a division of the Nevada Department of Business and Industry, regulates Nevada's $22 billion insurance industry. It regulates and licenses insurance producers, brokers, and other professionals; sets ethical and financial standards for insurance companies; and reviews rates.

The Federal Insurance Office (FIO) was established by Title V of the federal Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank). The FIO is housed within the U.S. Department of the Treasury and is headed by a director who is appointed by the secretary of the Treasury.

The Nevada Division of Insurance, a division of the Nevada Department of Business and Industry, regulates Nevada's $22 billion insurance industry. It regulates and licenses insurance producers, brokers, and other professionals; sets ethical and financial standards for insurance companies; and reviews rates.

For example, section 1(a) prohibits misrepresenting pertinent facts or policy provisions to “insureds or claimants.” Section 1(b) requires prompt communications with respect to “claims arising under insurance policies.” Section 1(d) obligates the company to affirm of deny coverage of “claims” within a reasonable period ...

A knowing violation of this article is a class 1 misdemeanor. Notwithstanding any other law, an insurer that wilfully violates this article may be fined not more than fifty thousand dollars or an individual who wilfully violates this article may be fined in his individual capacity not more than ten thousand dollars.

Nevada's version of the Unfair Claims Settlement Practices Act is unique. It grants first-party claimants a private right of action to enforce violations and allows recovery of damages arising therefrom.

More info

183 Cease and desist orders and penalties for prohibited methods, acts or practices; modification and setting aside of Commissioner's orders. What should a ceaseanddesist letter include?187 - Penalties for violating cease and desist order. I need to speak with an attorney in Nevada about a cease and desist order against a company that breached our memorandum. Using our template will ensure you complete the necessary steps.

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Cease And Desist Order In Insurance In Nevada