NRS
680A.260 Service of process: Method of serving if Commissioner
statutorily designated as attorney in fact for receipt; extension of time to
appear; record.
1. If the Commissioner is designated by
specific statute as attorney in fact for the purpose of receiving service of
process, such service must be made by delivering to and leaving with the
Division, one copy of the process, together with the fee therefor as specified
in NRS 680B.010, taxable as costs in
the action.
2. Upon such service, the Division shall
forthwith forward such process, with the date and time of service of the same
on the Division noted thereon, to the person currently designated to receive
the copy as provided by specific statute. Service of process is complete when
the copy has been so forwarded.
3. Process served in the manner provided
by this section for all purposes constitutes valid and binding personal service
within this state. If summons is served under this section, the time within
which the insurer is required to appear must be extended an additional 10 days
beyond that otherwise allowed by Nevada Rules of Civil Procedure.
4. The Commissioner shall keep a record of
the day of service upon him or her of all legal process.
5. For the purposes of this section,
“process” includes only a summons or the initial documents served in an action.
The Commissioner is not required to serve any documents after the initial
service of process.
(Added to NRS by 1971,
1587; A 1985,
608; 2021,
2944)
Notes of Decisions
Pilot Trading Co. v. Hartford Ins. Grp., 946 F. Supp. 834 (D. Nev. 1996).
· cites it 4× “Under Nev.Rev.Stat.Ann. § 680A.260, constructive “receipt by the defendant, through service” takes place when the Insurance Commissioner deposits the process in the mail, but actual “receipt by the defendant, through service” takes place when the Post Office delivers it.”
Transamerica Ins. v. C. B. Concrete Co., 669 P.2d 246 (Nev. 1983).
· cites it 2× “NRS 680A.260(2). The record is silent as to when on May 1st the commissioner was served and as to when service was complete by the required mailing.”
Ennis-White v. Nationwide Mut. Ins. Co. (D. Nev. 2024).
· cites it 4× “Additionally, “service 5 must be made by delivering to and leaving with the [Nevada] Division [of Insurance], one copy of 6 the process, together with the fee therefor…” Nev. Rev. Stat. § 680A.260(1). When service is 7 made in the statutorily mandated manner, service is complete…”
Burchby v. Travelers Home & Marine Ins. Co. (D. Nev. 2020).
“250; 16 NRS 680A.260. Under 28 U.S.C. § 1446 (b)(1), “The notice of removal of a civil action or 17 proceeding shall be filed within 30 days after the receipt by the defendant, through service or 18 otherwise, of a copy of the initial pleading setting forth the claim for relief…”
— Nev. Rev. Stat. § 680A.260(1) — 1 case
Ennis-White v. Nationwide Mut. Ins. Co. (D. Nev. 2024).
“Additionally, “service 5 must be made by delivering to and leaving with the [Nevada] Division [of Insurance], one copy of 6 the process, together with the fee therefor…” Nev. Rev. Stat. § 680A.260(1). When service is 7 made in the statutorily mandated manner, service is complete…”
— Nev. Rev. Stat. § 680A.260(2) — 3 cases
Pilot Trading Co. v. Hartford Ins. Grp., 946 F. Supp. 834 (D. Nev. 1996).
“Under Nev.Rev.Stat.Ann. § 680A.260, constructive “receipt by the defendant, through service” takes place when the Insurance Commissioner deposits the process in the mail, but actual “receipt by the defendant, through service” takes place when the Post Office delivers it.”
Transamerica Ins. v. C. B. Concrete Co., 669 P.2d 246 (Nev. 1983).
“NRS 680A.260(2). The record is silent as to when on May 1st the commissioner was served and as to when service was complete by the required mailing.”
Ennis-White v. Nationwide Mut. Ins. Co. (D. Nev. 2024).
“Additionally, “service 5 must be made by delivering to and leaving with the [Nevada] Division [of Insurance], one copy of 6 the process, together with the fee therefor…” Nev. Rev. Stat. § 680A.260(1). When service is 7 made in the statutorily mandated manner, service is complete…”
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