reglab/housing_qa huggingface dataset:
NE Code § 44-4837 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-4837 - Special claims.

44-4837.  Special claims.(1) The claim of a third party which is contingent only on his or her first obtaining a judgment against the insured shall be considered and allowed as if there were no such contingency.(2) A claim may be allowed even if contingent if it is filed in accordance with section 44-4835. It may be allowed and may participate in all distributions declared after it is filed to the extent that it does not prejudice the orderly administration of the liquidation.(3) Claims that are due except for the passage of time shall be treated as absolute claims are treated, except that such claims may be discounted at the legal rate of interest.(4) Claims made under employment contracts by directors, principal officers, or persons in fact performing similar functions or having similar powers shall be limited to payment for services rendered prior to the issuance of any order of rehabilitation or liquidation under section 44-4813 or 44-4818.Source  Laws 1989, LB 319, § 37.
NE Code § 44-4838 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-4838 - Third-party claims.

44-4838.  Third-party claims.(1) Whenever any third party asserts a cause of action against an insured of an insurer in liquidation, the third party may file a claim with the liquidator.(2) Whether or not the third party files a claim, the insured may file a claim on his or her own behalf in the liquidation. If the insured fails to file a claim by the date for filing claims specified in the order of liquidation or within sixty days after mailing of the notice required by section 44-4822, whichever is later, he or she is an unexcused late filer.(3) The liquidator shall make his or her recommendations to the court under section 44-4842 for the allowance of an insured's claim under subsection (2) of this section after consideration of the probable outcome of any pending action against the insured on which the claim is based, the probable damages recoverable in the action, and the probable costs and expenses of defense. After allowance by the court, the liquidator shall withhold any dividends payable on the claim pending the outcome of litigation and negotiation with the insured. Whenever it seems appropriate, the liquidator shall reconsider the claim on the basis of additional information and amend his or her recommendations to the court. The insured shall be afforded the same notice and opportunity to be heard on all changes in the recommendation as in its initial determination. The court may amend its allowance as it thinks appropriate. As claims against the insured are settled or barred, the insured shall be paid from the amount withheld the same percentage dividend as was paid on other claims of like property based on the lesser of (a) the amount actually recovered from the insured by action or paid by agreement plus the reasonable costs and expenses of defense or (b) the amount allowed on the claims by the court. After all claims are settled or barred, any sum remaining from the amount withheld shall revert to the undistributed assets of the insurer. Delay in final payment under this subsection shall not be a reason for unreasonable delay of final distribution and discharge of the liquidator.(4) If several claims founded upon one policy are filed, whether by third parties or as claims by the insured under this section, and the aggregate allowed amount of the claims to which the same limit of liability in the policy is applicable exceeds that limit, each claim as allowed shall be reduced in the same proportion so that the total equals the policy limit. Claims by the insured shall be evaluated as in subsection (3) of this section. If any insured's claim is subsequently reduced under subsection (3) of this section, the amount thus freed shall be apportioned ratably among the claims which have been reduced under this subsection.(5) No claim may be presented under this section if it is or may be covered by any guaranty association or foreign guaranty association.Source  Laws 1989, LB 319, § 38.
NE Code § 44-4839 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-4839 - Disputed claims.

44-4839.  Disputed claims.(1) When a claim is denied in whole or in part by the liquidator, written notice of the determination shall be given to the claimant or his or her attorney by first-class mail at the address shown in the proof of claim. Within sixty days from the mailing of the notice, the claimant may file his or her objections with the liquidator. If no such filing is made, the claimant may not further object to the determination.(2) Whenever objections are filed with the liquidator and the liquidator does not alter his or her denial of the claim as a result of the objections, the liquidator shall ask the court for a hearing as soon as practicable and give notice of the hearing by first-class mail to the claimant or his or her attorney and to any other persons directly affected not less than ten or more than thirty days before the date of the hearing. The matter may be heard by the court or by a court-appointed referee who shall submit findings of fact along with his or her recommendation.Source  Laws 1989, LB 319, § 39.
NE Code § 44-4840 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-4840 - Claims of surety.

44-4840.  Claims of surety.Whenever a creditor whose claim against an insurer is secured in whole or in part by the undertaking of another person fails to prove and file the claim, the other person may do so in the creditor's name and shall be subrogated to the rights of the creditor, whether the claim has been filed by the creditor or by the other person in the creditor's name, to the extent that he or she discharges the undertaking. In the absence of an agreement with the creditor to the contrary, the other person shall not be entitled to any distribution until the amount paid to the creditor on the undertaking plus the distributions paid on the claim from the insurer's estate to the creditor equals the amount of the entire claim of the creditor. Any excess received by the creditor shall be held by him or her in trust for such other person. The term other person as used in this section shall not apply to a guaranty association or foreign guaranty association.Source  Laws 1989, LB 319, § 40.
NE Code § 44-4841 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-4841 - Secured creditor's claims.

44-4841.  Secured creditor's claims.(1) The value of any security held by a secured creditor shall be determined in one of the following ways, as the court may direct:(a) By converting the same into money according to the terms of the agreement pursuant to which the security was delivered to such creditors; or(b) By agreement, arbitration, compromise, or litigation between the creditor and the liquidator.(2) The determination shall be under the supervision and control of the court with due regard for the recommendation of the liquidator. The amount so determined shall be credited upon the secured claim, and any deficiency shall be treated as an unsecured claim. If the claimant surrenders his or her security to the liquidator, the entire claim shall be allowed as if unsecured.Source  Laws 1989, LB 319, § 41.
NE Code § 44-4842.01 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-4842.01 - Claims allowed under separate account policies, contracts, or agreements; how treated.

44-4842.01.  Claims allowed under separate account policies, contracts, or agreements; how treated.(1) Every claim allowed under a separate account policy, contract, or agreement providing, in effect, that the assets allocated to the separate account are not chargeable with liabilities arising out of any other business of the life insurer, shall be satisfied out of the assets properly allocated to and maintained in the separate account, equal to the reserves maintained in the separate account for the policies, contracts, or agreements. No liabilities of the insurer arising out of any other business of the insurer shall be satisfied from assets properly allocated to and maintained in a separate account except from any assets allocated to the separate account that exceed the reserves under the separate account policies, contracts, or agreements. Any valid and allowed claim for contractual benefits that cannot be satisfied out of the assets properly allocated to and maintained in a separate account shall be included as a claim against the general account as set forth in subdivision (2) of section 44-4842.(2) Notwithstanding any other provision of law, to the extent that any assets of a life insurer, other than those assets properly allocated to, and maintained in, a separate account, have been used to fund or pay any expenses, taxes, or policyholder benefits that are attributable to a separate account policy, contract, or agreement that should have been paid by a separate account prior to the commencement of delinquency proceedings, then upon the commencement of delinquency proceedings, the separate accounts that benefited from this payment or funding shall first be used to repay or reimburse the insurer's general assets or account for any unreimbursed net sums due at the commencement of delinquency proceedings prior to the application of the separate account assets to the satisfaction of liabilities of the corresponding separate account policies, contracts, and agreements.(3) For purposes of this section, separate account policies, contracts, or agreements means any policies, contracts, or agreements that provide for separate accounts as contemplated by sections 44-402.01 to 44-402.05 or section 44-708.Source Laws 2004, LB 1047, § 16.
NE Code § 44-4843 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-4843 - Liquidator's recommendations to the court.

44-4843.  Liquidator's recommendations to the court.(1) The liquidator shall review all claims duly filed in the liquidation and shall make such further investigation as he or she deems necessary. He or she may compound, compromise, or in any other manner negotiate the amount for which claims will be recommended to the court except when the liquidator is required by law to accept claims as settled by any person or organization, including any guaranty association or foreign guaranty association. Unresolved disputes shall be determined under section 44-4839. As soon as practicable, the liquidator shall present to the court a report of the claims against the insurer with his or her recommendations. The report shall include the name and address of each claimant and the amount of the claim finally recommended, if any. If the insurer has issued annuities or life insurance policies, the liquidator shall report the persons to whom, according to the records of the insurer, amounts are owed as cash surrender values or other investment value and the amounts owed.(2) The court may approve, disapprove, or modify the report on claims by the liquidator. Such reports as are not modified by the court within a period of sixty days following submission by the liquidator shall be treated by the liquidator as allowed claims, subject thereafter to later modification or to rulings made by the court pursuant to section 44-4839. No claim under a policy of insurance shall be allowed for an amount in excess of the applicable policy limits.Source  Laws 1989, LB 319, § 43.
NE Code § 44-4844 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-4844 - Distribution of assets.

44-4844.  Distribution of assets.Under the direction of the court, the liquidator shall pay distributions in a manner that will assure the proper recognition of priorities and a reasonable balance between the expeditious completion of the liquidation and the protection of unliquidated and undetermined claims, including third-party claims. Distribution of assets in kind may be made at valuations set by agreement between the liquidator and the creditor and approved by the court.Source  Laws 1989, LB 319, § 44.
NE Code § 44-4845 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-4845 - Unclaimed and withheld funds.

44-4845.  Unclaimed and withheld funds.(1) All unclaimed funds subject to distribution remaining in the liquidator's hands when he or she is ready to apply to the court for discharge, including the amount distributable to any creditor, shareholder, member, or other person who is unknown or cannot be found, shall be deposited with the district court and shall be paid without interest, except in accordance with section 44-4842, to the person entitled thereto or his or her legal representative upon proof satisfactory to the district court of his or her right thereto. Any amount on deposit not claimed within three years from the date such amount was paid to the district court shall be presumed abandoned and shall be subject to the Uniform Disposition of Unclaimed Property Act.(2) All funds withheld under section 44-4838 and not distributed shall, upon discharge of the liquidator, be deposited with the district court and paid by the district court in accordance with section 44-4842. Any sums remaining which under section 44-4842 would revert to the undistributed assets of the insurer shall be presumed abandoned and shall be subject to the act.Source  Laws 1989, LB 319, § 45. Cross References  Uniform Disposition of Unclaimed Property Act, see section 69-1329.
NE Code § 44-4846 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-4846 - Termination of proceedings.

44-4846.  Termination of proceedings.(1) When all assets justifying the expense of collection and distribution have been collected and distributed under the Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act, the liquidator shall apply to the court for discharge. The court may grant the discharge and make any other orders, including an order to transfer any remaining funds that are uneconomical to distribute, as may be deemed appropriate.(2) Any other person may apply to the court at any time for an order under subsection (1) of this section. If the application is denied, the applicant shall pay the costs and expenses of the liquidator in resisting the application, including reasonable attorney's fees.Source  Laws 1989, LB 319, § 46.
NE Code § 44-4847 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-4847 - Reopening liquidation.

44-4847.  Reopening liquidation.After the liquidation proceeding has been terminated and the liquidator discharged, the director or other interested party may at any time petition the district court of Lancaster County to reopen the proceedings for good cause, including the discovery of additional assets. If the court is satisfied that there is justification for reopening, it shall so order.Source  Laws 1989, LB 319, § 47.
NE Code § 44-4848 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-4848 - Records; disposition.

44-4848.  Records; disposition.Whenever it appears to the director that the records of any insurer in process of liquidation or completely liquidated are no longer useful, he or she may recommend to the court and the court shall direct what records should be retained for future reference and what should be destroyed.Source  Laws 1989, LB 319, § 48.
NE Code § 44-4849 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-4849 - Receiver; audit.

44-4849.  Receiver; audit.The district court of Lancaster County may cause audits to be made of the books of the director relating to any receivership established under the Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act, and a report of each audit shall be filed with the director and with the court. The books, records, and other documents of the receivership shall be made available to the auditor at any time without notice. The expense of each audit shall be considered a cost of administration of the receivership.Source  Laws 1989, LB 319, § 49.
NE Code § 44-4850 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-4850 - Conservation of property of foreign or alien insurers.

44-4850.  Conservation of property of foreign or alien insurers.(1) If a domiciliary liquidator has not been appointed, the director may apply to the district court of Lancaster County by verified petition for an order directing him or her to act as conservator to conserve the property of an alien insurer not domiciled in this state or a foreign insurer on any one or more of the following grounds:(a) Any of the grounds in section 44-4812;(b) That any of its property has been sequestered by official action in its domiciliary state or in any other state;(c) That enough of its property has been sequestered in a foreign country to give reasonable cause to believe that the insurer is or may become insolvent; or(d)(i) That its certificate of authority to do business in this state has been revoked or that none was ever issued; and(ii) That there are residents of this state with outstanding claims against or outstanding policies issued by such insurer.(2) When an order is sought under subsection (1) of this section, the court shall cause the insurer to be given such notice and time to respond thereto as is reasonable under the circumstances.(3) The court may issue the order in whatever terms it deems appropriate. The filing or recording of the order with the clerk of the district court or the register of deeds of the county in which the principal business of the company is located shall impart the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with that register of deeds would have imparted.(4) The conservator may at any time petition for and the court may grant an order under section 44-4851 to liquidate assets of a foreign or alien insurer under conservation or, if appropriate, for an order under section 44-4853 to be appointed ancillary receiver.(5) The conservator may at any time petition the court for an order terminating conservation of an insurer. If the court finds that the conservation is no longer necessary, it shall order that the insurer be restored to possession of its property and the control of its business. The court may also make such finding and issue such order at any time upon motion of any interested party, but if such motion is denied all costs shall be assessed against such party.Source  Laws 1989, LB 319, § 50.
NE Code § 44-4851 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-4851 - Liquidation of property of foreign or alien insurers.

44-4851.  Liquidation of property of foreign or alien insurers.(1) If no domiciliary receiver has been appointed, the director may apply to the district court of Lancaster County by verified petition for an order directing him or her to liquidate the assets found in this state of a foreign insurer or an alien insurer not domiciled in this state on any of the following grounds:(a) Any of the grounds in section 44-4812 or 44-4817; or(b) Any of the grounds specified in subdivisions (1)(b) through (d) of section 44-4850.(2) When an order is sought under subsection (1) of this section, the court shall cause the insurer to be given such notice and time to respond thereto as is reasonable under the circumstances.(3) If it appears to the court that the best interests of insureds, creditors, and the public require, the court may issue an order to liquidate in whatever terms it deems appropriate. The filing or recording of the order with the clerk of the district court or the register of deeds of the county in which the principal business of the company is located or the county in which its principal office or place of business is located shall impart the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with that register of deeds would have imparted.(4) If a domiciliary liquidator is appointed in a reciprocal state while a liquidation is proceeding under this section, the liquidator under this section shall thereafter act as ancillary receiver under section 44-4853. If a domiciliary liquidator is appointed in a nonreciprocal state while a liquidation is proceeding under this section, the liquidator under this section may petition the court for permission to act as ancillary receiver under section 44-4853.(5) On the same grounds as are specified in subsection (1) of this section, the director may petition any appropriate federal district court to be appointed receiver to liquidate that portion of the insurer's assets and business over which the court will exercise jurisdiction or any lesser part thereof that the director deems desirable for the protection of the insureds and creditors in this state.(6) The court may order the director, when he or she has liquidated the assets of a foreign or alien insurer under this section, to pay claims of residents of this state against the insurer under such rules as to the liquidation of insurers under the Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act as are otherwise compatible with the provisions of this section.Source   Laws 1989, LB 319, § 51;   Laws 1991, LB 236, § 82.
NE Code § 44-4852 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-4852 - Domiciliary liquidators in other states; claims of residents.

44-4852.  Domiciliary liquidators in other states; claims of residents.(1) The domiciliary liquidator of an insurer domiciled in a reciprocal state shall, except as to special deposits and security on secured claims under subsection (3) of section 44-4853, be vested by operation of law with the title to all of the assets, property, contracts, and rights of action, agents' balances, and all of the books, accounts, and other records of the insurer located in this state. The date of vesting shall be the date of the filing of the petition if that date is specified by the domiciliary law for the vesting of property in the domiciliary state. Otherwise, the date of vesting shall be the date of entry of the order directing possession to be taken. The domiciliary liquidator shall have the immediate right to recover balances due from agents and to obtain possession of the books, accounts, and other records of the insurer located in this state. He or she also shall have the right to recover all other assets of the insurer located in this state subject to section 44-4853.(2) If a domiciliary liquidator is appointed for an insurer not domiciled in a reciprocal state, the director shall be vested by operation of law with the title to all of the property, contracts, and rights of action and all of the books, accounts, and other records of the insurer located in this state at the same time that the domiciliary liquidator is vested with title in the domicile. The director may petition for a conservation or liquidation order under section 44-4850 or 44-4851 or for an ancillary receivership under section 44-4853 or, after approval by the district court of Lancaster County, may transfer title to the domiciliary liquidator as the interests of justice and the equitable distribution of the assets require.(3) Claimants residing in this state may file claims with the liquidator or ancillary receiver, if any, in this state or with the domiciliary liquidator if the domiciliary law permits. The claims shall be filed on or before the last date fixed for the filing of claims in the domiciliary liquidation proceedings.Source  Laws 1989, LB 319, § 52.