NRS 688C.470 Immunity of persons providing information regarding felonious acts; award of attorney’s fees and costs.

343 words·~2 min read·/nv/chapter-688c-viatical-settlements/688c-470

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. Except as otherwise provided in subsection 2, a person furnishing information of the kind described in NRS 688C.460 is immune from liability and civil action if the information is furnished to or received from:

(a)The Commissioner or the employees, agents or representatives of the Commissioner;

(b)Another federal, state or local law enforcement or regulatory officer or his or her employees, agents or representatives;

(c)Another person involved in the prevention or detection of violations of NRS 688C.450 or similar offenses or the employees, agents or representatives of the person;

(d)The National Association of Insurance Commissioners or other regulatory body overseeing life insurance or viatical settlements, or its employees, agents or representatives; or

(e)The insurer that issued the policy concerned in the information.

2. The immunity provided in subsection 1 does not extend to a statement made with actual malice. In an action brought against a person for filing a report or furnishing other information concerning a violation of NRS 688C.450 , the plaintiff must plead specifically that the defendant acted with actual malice.

3. This section does not supplant or modify any other privilege or immunity at common law or under another statute enjoyed by a person described in subsection 1.

4. Except as otherwise provided in subsection 5, a person furnishing information as described in subsection 1 is entitled to an award of attorney’s fees and costs if:

(a)The person is a defendant in a civil case arising out of activities performed in carrying out the provisions of this section;

(b)The cause of action in the case is for libel, slander or any other relevant tort;

(c)The person is the prevailing party in the case; and

(d)The person bringing the action is not substantially justified in doing so.

5. A person furnishing information relating to the person’s own fraudulent acts as they relate to a viatical settlement is not entitled to an award pursuant to subsection 4.