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At the outset of many games, contests and activities, there is a ritual that the contestants follow that lets all participants know that the game has begun. On your mark, get set, go! Lights, camera, action! Game on! Litigation is no different. The Rules of Civil Procedure dictate that the defendant must receive notice of the action via service of process before the lawsuit officially commences. Rules 4 & 5, NRCP.
Sometimes the Summons & Complaint are personally served to the defendant. Rule 4(d)(6). If a corporation is the target defendant, service can be made upon a registered agent or possibly on an officer. Rule 4(d)(1) – (2). If the defendant cannot be found, service might be had by some substitute means such as service by publication. Rule 4(e).
But not all of the rules regarding service of process can be found in the Rules of Civil procedure. For example, the Nevada Law Blogs has written about substitute service of process in auto accident cases using the DMV as the agent for service of process. HERE
Service of process on insurance companies is controlled by statute. NRS 680A.250 is the starting point. It explains that before any insurance company can do business in Nevada it must appoint the Commissioner of Insurance as the company’s registered agent for service of process. NRS 680A.250(1). Where a Nevada insurance company is involved, service may be made on the Commissioner of Insurance, or it can be made under the Nevada Rules of Civil Procedure just like service against any other entity. NRS 680A.250(4).
However, where an out of state insurance company is the target defendant, service of process must be made on the Commissioner of Insurance. NRS 680A.250(3). In the next section, the law tells the Commissioner of Insurance how to handle service of process. NRS 680A.260. The date of service on an insurance company is the date when the Summons and Complaint are mailed by the Commissioner to the insurance company. NRS 680A.260(2). As reported HERE, insurance companies may have an additional ten days to respond to the Complaint.
If your company hopes to challenge service of process, please do not hesitate to contact Mike Mills of Mills & Associates at 702-240-6060. Mike will gladly to speak with you about your situation.
