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Can I require customers to sign liability waivers in Nevada? What are the requirements?

Yes, you can require customers to sign liability waivers in Nevada. However, the requirements for such waivers depend on the type of liability insurance policy being sold or offered for sale. Here are some of the requirements for specific types of liability insurance policies:

Guaranteed Asset Protection Waivers

If you sell or offer to sell guaranteed asset protection waivers, you must purchase a policy of contractual liability insurance that insures the obligations of each guaranteed asset protection waiver you sell or offer for sale [1.1]. The policy of contractual liability insurance must be issued by an insurer authorized to transact insurance in Nevada or pursuant to the provisions of chapter 685A of NRS. The policy must state the obligation of the insurer to reimburse or pay to the creditor any amount that the creditor is obligated to waive pursuant to the guaranteed asset protection waivers insured by the policy. The policy must provide coverage for any person to whom a guaranteed asset protection waiver is assigned, including, without limitation, as part of a finance agreement. The policy must remain in effect until the policy is cancelled or terminated. The cancellation or termination of a policy of contractual liability insurance purchased pursuant to this section must not reduce the responsibility of the insurer to provide coverage for guaranteed asset protection waivers that were issued by the insured creditor before the date of the cancellation or termination and for which the creditor has paid for coverage [1.1].

Service Contracts

If you sell or offer to sell service contracts, the contractual liability insurance policy you purchase must provide that the issuer of the policy shall reimburse or pay on behalf of the provider any money the provider has a duty to pay under a service contract or otherwise provide for the performance of the duties of the provider under a service contract [3.1]. If a provider fails to perform his or her duties under a service contract within 60 days after receiving notice from the holder that the goods described in the contract are defective, the holder may apply to the issuer of the contractual liability insurance policy for performance of the duties of the provider under the service contract [3.1].

Purchasing Groups

If you are a purchasing group that intends to conduct business in Nevada, you must register with the Commissioner and furnish notice to the Commissioner that identifies the state in which the group is domiciled, specifies the lines and classifications of liability insurance that the purchasing group intends to purchase, identifies the insurer from which the group intends to purchase its insurance and the domicile of the insurer, identifies the principal place of business of the group, identifies all other states in which the group intends to do business, specifies the method by which insurance will be offered to its members whose risks are resident, located or to be performed in Nevada, provides the name, address and telephone number of each person, if any, through whom insurance will be offered to its members whose risks are resident, located or to be performed in Nevada, and provides such other information as the Commissioner requires to verify and determine its qualification as a purchasing group, where the purchasing group is located, and the appropriate tax treatment of the purchasing group [2.3].

Towing of Motor Vehicles

If you wish to obtain possession of a motor vehicle from the operator of a tow car upon obtaining the consent of the owner or authorized agent of the owner, you must provide a consent form to the operator of the tow car [5.1]. The consent form must be in substantially the form prescribed in [5.1], unless you wish to use a form which differs substantially from the prescribed form, in which case you must submit the form to the Commissioner and receive his or her approval before using the form to obtain possession of a motor vehicle [5.1]. You must document the consent of the owner or authorized agent of the owner which grants permission to you to obtain possession of the motor vehicle, and produce the documentation concerning consent at the request of the owner of the motor vehicle, an authorized agent of the owner or the Commissioner [5.1].

Portable Electronics Insurance

If you sell or offer coverage under a policy of portable electronics insurance, you must make available to a prospective customer, at each location where the vendor sells or offers coverage under a policy of portable electronics insurance, a printed brochure or other written material concerning the coverage available under the policy of portable electronics insurance [4.1]. The written material must disclose that coverage under a policy of portable electronics insurance may duplicate coverage already provided to the customer by a policy of property insurance or other source of coverage, state that the customer is not required to enroll for coverage under the vendor’s policy of portable electronics insurance as a condition of the purchase or lease of any portable electronics or related services, summarize the material terms of the coverage provided under the policy of portable electronics insurance, summarize the process for filing a claim, and state that the enrolled customer may cancel his or her enrollment for coverage under the policy of portable electronics insurance at any time and, in the event of such cancellation, the person paying the premium for the coverage will receive a refund of any applicable unearned premium [4.1]. An insurer must file a portable electronics insurance policy form, including any certificate of coverage, with the Commissioner not later than 15 days before the use of the form by the insurer [4.1].

Therefore, depending on the type of liability insurance policy being sold or offered for sale, there are specific requirements for requiring customers to sign liability waivers in Nevada.

Source(s):
Jurisdiction

Nevada