Star Insurance Co. v. Neighbors

OPINION

By the Court,

Maupin, J.:

In this case, we consider whether a workers’ compensation insurer may avoid payment of a claim submitted under retroactive coverage procured by employer fraud. We hold that the fraud in this instance voids the retroactive coverage from its inception and that NRS 616B.033, governing rights as between workers’ compensation insurers and the injured employees, does not negate a fraud *775defense as asserted by the insurer below. We also consider whether the worker in this case may claim benefits from the Uninsured Employers’ Claim Account (UECA) under NRS 616C.220, as…