Nevada § 40.684 - Duties of insurer with respect to settlement conference

§ 40.684. Duties of insurer with respect to settlement conference

1. If a settlement conference is held concerning a claim for a constructional defect,

the special master, if any, or the judge presiding over the claim may order a representative

of an insurer of a party to attend the settlement conference. If a representative of an insurer is ordered to attend the settlement conference,

the insurer shall ensure that the representative is authorized, on behalf of the insurer,

to: (a) Bind the insurer to any settlement agreement relating to the claim; (b) Enter into any agreement relating to coverage that may be available under the

party's policy of insurance which is required to carry out any settlement relating

to the claim; and (c) Commit for expenditure money or other assets available under the party's policy

of insurance. 2. If a representative of an insurer who is ordered to attend a settlement conference

pursuant to subsection 1 fails to attend the settlement conference or attends but

is substantially unprepared to participate, or fails to participate in good faith,

the special master or the judge may, on the special master’s or the judge’s own motion

or that of a party, issue any order with regard thereto that is just under the circumstances. 3. In lieu of or in addition to any other sanction, the special master or the judge

may require the insurer to pay any reasonable expenses or attorney's fees incurred

by a party because of the failure of the insurer or its representative to comply with

the provisions of this section or any order issued pursuant to this section, unless

the special master or the judge finds that the failure to comply was substantially

justified or that any other circumstances make the award of such expenses or fees

unjust. 4. Any insurer which conducts business in this State and which insures a party against

liability for the claim shall be deemed to have consented to the jurisdiction of the

special master or the judge for the purposes of this section. 5. The authority conferred upon the special master or the judge pursuant to this section

is in addition to any other authority conferred upon the special master or the judge

pursuant to any other statute or any court rule.