reglab/housing_qa huggingface dataset:
NE Code § 44-5429 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-5429 - Violation; penalty.

44-5429.  Violation; penalty.If, after the hearing, the director finds a utilization review agent has violated the Utilization Review Act, the director shall reduce his or her findings to writing and shall issue and cause to be served upon the utilization review agent charged with the violation a copy of the findings and an order requiring the utilization review agent to cease and desist from engaging in the violation and the director may order any one or more of the following:(1) Payment of a monetary penalty of not more than one thousand dollars for each violation, not to exceed an aggregate penalty of thirty thousand dollars, unless the violation was committed flagrantly and in conscious disregard of the Utilization Review Act, in which case the penalty shall not be more than fifteen thousand dollars for each violation, not to exceed an aggregate penalty of one hundred fifty thousand dollars; and(2) Suspension or revocation of the utilization review agent's license to do business in this state if the utilization review agent knew or reasonably should have known it was in violation of the act.Source  Laws 1998, LB 1162, § 14.
NE Code § 44-5430 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-5430 - Violation of cease and desist order; penalty.

44-5430.  Violation of cease and desist order; penalty.Any utilization review agent who violates a cease and desist order of the director under section 44-5429 may after notice and hearing and upon order of the director be subject to:(1) A monetary penalty of not more than thirty thousand dollars for each violation, not to exceed an aggregate penalty of one hundred fifty thousand dollars; and(2) Suspension or revocation of the utilization review agent's license to do business in this state.Source  Laws 1998, LB 1162, § 15.
NE Code § 44-5431 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-5431 - Rules and regulations.

44-5431.  Rules and regulations.The director may adopt and promulgate rules and regulations to carry out the Utilization Review Act.Source  Laws 1998, LB 1162, § 16.
NE Code § 44-5501 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-5501 - Act, how cited.

44-5501.  Act, how cited.Sections 44-5501 to 44-5515 shall be known and may be cited as the Surplus Lines Insurance Act.Source   Laws 1992, LB 1006, § 1;  Laws 2007, LB117, § 21;  Laws 2019, LB469, § 1.
NE Code § 44-5503 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-5503 - Surplus lines license; issuance.

44-5503.  Surplus lines license; issuance.The department, in consideration of the payment of the license fee, may issue a surplus lines license, revocable at any time, to any individual who currently holds an insurance producer license or to a foreign or domestic corporation. The corporate surplus lines license shall list all officers or employees of the corporation who currently hold an insurance producer license or meet the requirements for an individual surplus lines license and who have authority to transact surplus lines business on behalf of the corporation. Only individuals listed on the corporate surplus lines license shall transact surplus lines business on behalf of the corporate licensee. If the applicant is an individual, the application for the license shall include the applicant's social security number. The director may utilize the national insurance producer database of the National Association of Insurance Commissioners, or any other equivalent uniform national database, for the licensure of an individual or an entity as a surplus lines producer and for renewal of such license.Source   Laws 1913, c. 154, § 25, p. 408;   R.S.1913, § 3161;   Laws 1919, c. 190, tit. V, art. III, § 18, p. 587;   C.S.1922, § 7762;   C.S.1929, § 44-218;   R.S.1943, § 44-139;   Laws 1955, c. 168, § 3, p. 479;   Laws 1978, LB 836, § 1;   Laws 1989, LB 92, § 29;   R.S.Supp.,1990, § 44-139;   Laws 1992, LB 1006, § 3;   Laws 1997, LB 752, § 113;  Laws 2001, LB 51, § 38;  Laws 2002, LB 1139, § 36;  Laws 2011, LB70, § 2. Annotations Insurance companies and agents are forbidden to procure or effect fire insurance in companies not licensed to write it. Naeve v. Shea, 128 Neb. 374, 258 N.W. 666 (1935).
NE Code § 44-5504 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-5504 - Nonadmitted insurer; surplus lines license; application; fee; expiration; renewal.

44-5504.  Nonadmitted insurer; surplus lines license; application; fee; expiration; renewal.(1) No person, other than an exempt commercial purchaser, shall place, procure, or effect insurance for or on behalf of an insured whose home state is the State of Nebraska in any nonadmitted insurer until such person has first been issued a surplus lines license from the department as provided in section 44-5503.(2) Application for a surplus lines license shall be made to the department on forms designated and furnished by the department and shall be accompanied by a license fee as established by the director not to exceed two hundred fifty dollars for each individual and corporate surplus lines license.(3)(a) All corporate surplus lines licenses shall expire on April 30 of each year, and all individual surplus lines licenses shall expire on the licensee's birthday in the first year after issuance in which his or her age is divisible by two, and all individual surplus lines licenses may be renewed within the ninety-day period before their expiration dates and all individual surplus lines licenses also may be renewed within the thirty-day period after their expiration dates upon payment of a late renewal fee as established by the director not to exceed two hundred dollars in addition to the applicable fee otherwise required for renewal of individual surplus lines licenses as established by the director pursuant to subsection (2) of this section. All individual surplus lines licenses renewed within the thirty-day period after their expiration dates pursuant to this subdivision shall be deemed to have been renewed before their expiration dates. The department shall establish procedures for the renewal of surplus lines licenses.(b) Every licensee shall notify the department within thirty days of any changes in the licensee's residential or business address.Source   Laws 1913, c. 154, § 25, p. 408;   R.S.1913, § 3161;   Laws 1919, c. 190, tit. V, art. III, § 18, p. 587;   C.S.1922, § 7762;   C.S.1929, § 44-218;   R.S.1943, § 44-140;   Laws 1978, LB 836, § 2;   Laws 1984, LB 801, § 47;   Laws 1989, LB 92, § 30;   R.S.Supp.,1990, § 44-140;   Laws 1992, LB 1006, § 4;  Laws 1999, LB 260, § 15;  Laws 2002, LB 1139, § 37;  Laws 2007, LB117, § 23;  Laws 2011, LB70, § 3.
NE Code § 44-5505 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-5505 - Nonadmitted insurer; surplus lines licensee; record of business; contents; how kept.

44-5505.  Nonadmitted insurer; surplus lines licensee; record of business; contents; how kept.Each surplus lines licensee shall keep in the licensee's office a true and complete record of the business transacted by the licensee showing (1) the exact amount of insurance or limits of exposure, (2) the gross premiums charged therefor, (3) the return premium paid thereon, (4) the rate of premium charged for such insurance, (5) the date of such insurance and terms thereof, (6) the name and address of the nonadmitted insurer writing such insurance, (7) a copy of the declaration page of each policy and a copy of each policy form issued by the licensee, (8) a copy of the written statement described in subdivision (1)(c) of section 44-5510 or, in lieu thereof, a copy of the application containing such written statement, (9) the name of the insured, (10) the address of the principal residence of the insured or the address at which the insured maintains its principal place of business, (11) a brief and general description of the risk or exposure insured and where located, (12) documentation showing that the nonadmitted insurer writing such insurance complies with the requirements of section 44-5508, and (13) such other facts and information as the department may direct and require. Such records shall be kept by the licensee in the licensee's office within the state for not less than five years and shall at all times be open and subject to the inspection and examination of the department or its officers. The expense of any examination shall be paid by the licensee.Source   Laws 1913, c. 154, § 25, p. 409;   R.S.1913, § 3161;   Laws 1919, c. 190, tit. V, art. III, § 18, p. 588;   C.S.1922, § 7762;   C.S.1929, § 44-218;   R.S.1943, § 44-141;   Laws 1978, LB 836, § 3;   Laws 1989, LB 92, § 31;   R.S.Supp.,1990, § 44-141;   Laws 1992, LB 1006, § 5;  Laws 2005, LB 119, § 20;  Laws 2011, LB70, § 4.
NE Code § 44-5506 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-5506 - Surplus lines licensee; quarterly statement; tax payment.

44-5506.  Surplus lines licensee; quarterly statement; tax payment.(1) Every surplus lines licensee transacting business under the Surplus Lines Insurance Act shall, on or before March 1 for the quarter ending the preceding December 31, June 1 for the quarter ending the preceding March 31, September 1 for the quarter ending the preceding June 30, and December 1 for the quarter ending the preceding September 30 of each year, make and file with the department a verified statement upon a form prescribed by the department or a designee of the director which shall exhibit the true amount of all such business transacted during that period.(2)(a) Every surplus lines licensee transacting business under the Surplus Lines Insurance Act shall collect and pay to the director or the director's designee, at the time the statement required under subsection (1) of this section is filed, a sum based on the total gross premiums charged, less any return premiums, for surplus lines insurance provided by the licensee pursuant to the license on behalf of an insured whose home state is the State of Nebraska. In no event shall such taxes be determined on a retaliatory basis pursuant to section 44-150.(b) The sum payable shall be computed based on an amount equal to three percent of the premiums for insurance that covers properties, risks, or exposures located or to be performed in the United States, to be remitted to the State Treasurer in accordance with section 77-912.(c) The surplus lines licensee is prohibited from rebating, for any reason, any portion of the tax.Source   Laws 1913, c. 154, § 25, p. 409;   R.S.1913, § 3161;   Laws 1919, c. 190, tit. V, art. III, § 18, p. 588;   C.S.1922, § 7762;   C.S.1929, § 44-218;   R.S.1943, § 44-142;   Laws 1978, LB 836, § 4;   Laws 1987, LB 302, § 4;   Laws 1989, LB 92, § 32;   R.S.Supp.,1990, § 44-142;   Laws 1992, LB 1006, § 6;  Laws 2011, LB70, § 5;  Laws 2016, LB837, § 1.
NE Code § 44-5506.01 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-5506.01 - Nonadmitted insurer; certificate of authority; director; powers; provisions applicable.

44-5506.01.  Nonadmitted insurer; certificate of authority; director; powers; provisions applicable.(1) The director may provide written authority in the form of a certificate of authority to operate as a domestic surplus lines insurer in the State of Nebraska to a nonadmitted insurer domiciled in this state if the director determines that such nonadmitted insurer:(a) Possesses policyholder surplus of at least fifteen million dollars;(b) Is an eligible surplus lines insurer in at least one state jurisdiction other than this state; and(c) Is acting pursuant to a resolution passed by its board of directors seeking to be a domestic surplus lines insurer in this state.(2) All financial and solvency requirements imposed by Chapter 44 upon a domestic admitted insurer shall apply to a domestic surplus lines insurer unless domestic surplus lines insurers are otherwise specifically exempted.(3) Policies issued by a domestic surplus lines insurer are not subject to the protections or other requirements of the Nebraska Property and Liability Insurance Guaranty Association Act or the Nebraska Life and Health Insurance Guaranty Association Act.Source Laws 2019, LB469, § 3. Cross References   Nebraska Life and Health Insurance Guaranty Association Act, see section 44-2720.  Nebraska Property and Liability Insurance Guaranty Association Act, see section 44-2418.
NE Code § 44-5507 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-5507 - Nonadmitted insurer; personal jurisdiction.

44-5507.  Nonadmitted insurer; personal jurisdiction.Every nonadmitted insurer accepting business under the Surplus Lines Insurance Act shall be held to have sufficient contact with this state for the exercise of personal jurisdiction over such insurer (1) upon any cause of action arising out of any such transaction or (2) in any proceeding before the director under the act.Source   Laws 1913, c. 154, § 25, p. 410;   R.S.1913, § 3161;   Laws 1919, c. 190, tit. V, art. III, § 18, p. 589;   C.S.1922, § 7762;   C.S.1929, § 44-218;   R.S.1943, § 44-145;   Laws 1978, LB 836, § 5;   Laws 1983, LB 447, § 57;   R.S.1943, (1988), § 44-145;   Laws 1992, LB 1006, § 7;  Laws 2019, LB469, § 4.
NE Code § 44-5508 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-5508 - Surplus lines licensee; requirements; duties of licensee; violations; penalty; nonadmitted insurer; requirements.

44-5508.  Surplus lines licensee; requirements; duties of licensee; violations; penalty; nonadmitted insurer; requirements.(1) A surplus lines licensee shall not place coverage with a nonadmitted insurer unless, at the time of placement, the surplus lines licensee has determined that the nonadmitted insurer is a domestic surplus lines insurer or meets the following criteria:(a) Is authorized to write such insurance in its domiciliary jurisdiction;(b) Has established satisfactory evidence of good repute and financial integrity; and(c)(i) Possesses capital and surplus or its equivalent under the laws of its domiciliary jurisdiction that equals the greater of the minimum capital and surplus requirements under the laws of this state or fifteen million dollars; or(ii) If minimum capital and surplus does not meet the requirements of subdivision (1)(c)(i) of this section, then upon an affirmative finding of acceptability by the director. The finding shall be based upon such factors as quality of management, capital and surplus of any parent company, company underwriting profit and investment income trends, market availability, and company record and reputation within the industry. The director shall not make an affirmative finding of acceptability if the nonadmitted insurer's capital and surplus is less than four million five hundred thousand dollars.(2) No surplus lines licensee shall place nonadmitted insurance with or procure nonadmitted insurance from a nonadmitted insurer domiciled outside the United States unless the insurer is listed on the Quarterly Listing of Alien Insurers maintained by the International Insurers Department of the National Association of Insurance Commissioners.(3) Any surplus lines licensee violating this section shall be guilty of a Class III misdemeanor.(4)(a) No nonadmitted foreign or alien insurer shall accept business under the Surplus Lines Insurance Act if it does not comply with the surplus and capital requirements of subsection (1) of this section.(b) In addition to the requirements of subdivision (a) of this subsection, no nonadmitted alien insurer shall accept business under the act if it does not comply with the requirements of subsection (2) of this section.Source   Laws 1913, c. 154, § 26, p. 410;   R.S.1913, § 3162;   Laws 1919, c. 190, tit. V, art. III, § 19, p. 589;   C.S.1922, § 7763;   C.S.1929, § 44-219;   R.S.1943, § 44-147;   Laws 1951, c. 135, § 2, p. 558;   Laws 1971, LB 757, § 1;   Laws 1977, LB 40, § 230;   Laws 1978, LB 836, § 6;   Laws 1989, LB 92, § 33;   R.S.Supp.,1990, § 44-147;   Laws 1992, LB 1006, § 8;   Laws 1994, LB 978, § 31;  Laws 2005, LB 119, § 21;  Laws 2011, LB70, § 6;  Laws 2019, LB469, § 5.  Annotations The procuring of insurance with nonexistent and spurious fire insurance companies violated this section. Naeve v. Shea, 132 Neb. 787, 273 N.W. 265 (1937).
NE Code § 44-5509 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-5509 - Surplus lines licensee; policy; information required.

44-5509.  Surplus lines licensee; policy; information required.A surplus lines licensee shall stamp or type upon the declaration page of each policy procured and delivered under the Surplus Lines Insurance Act the following information: (1) The licensee's name, business address, and surplus lines license number; (2) the name under which the licensee transacts business if different than the licensee's own name; and (3) the language: This policy is issued by a nonadmitted insurer, and in the event of the insolvency of such insurer, this policy will not be covered by the Nebraska Property and Liability Insurance Guaranty Association.Source   Laws 1978, LB 836, § 7;   Laws 1989, LB 92, § 34;   R.S.Supp.,1990, § 44-147.01;   Laws 1992, LB 1006, § 9.  Cross References  Nebraska Property and Liability Insurance Guaranty Association, see section 44-2404.
NE Code § 44-5510 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-5510 - Insurance; procurement from nonadmitted insurer; when; terms and conditions; surplus lines licensee; exempt from due diligence search; conditions.

44-5510.  Insurance; procurement from nonadmitted insurer; when; terms and conditions; surplus lines licensee; exempt from due diligence search; conditions.(1) If an applicant for insurance is unable to procure such insurance as he or she deems reasonably necessary to insure a risk or exposure from an admitted insurer, such insurance may be procured from a nonadmitted insurer upon the following terms and conditions:(a) The insurance shall be procured from a surplus lines licensee;(b) The insurance procured shall not include any insurance described in subdivisions (1) through (4) of section 44-201, except that this subdivision shall not prohibit the procurement of disability insurance that has a benefit limit in excess of any benefit limit available from an admitted insurer;(c) Not later than thirty days after the effective date of such insurance, the insured shall provide, in writing, his or her permission for such insurance to be written in a nonadmitted insurer and his or her acknowledgment that, in the event of the insolvency of such insurer, the policy will not be covered by the Nebraska Property and Liability Insurance Guaranty Association; and(d) Compliance with section 44-5511.(2) A surplus lines licensee seeking to procure or place nonadmitted insurance for an exempt commercial purchaser whose home state is the State of Nebraska shall not be required to make a due diligence search to determine whether the full amount or type of insurance sought by such exempt commercial purchaser can be obtained from admitted insurers if:(a) The surplus lines licensee procuring or placing the insurance has disclosed to the exempt commercial purchaser that such insurance may or may not be available from the admitted market that may provide greater protection with more regulatory oversight; and(b) The exempt commercial purchaser has subsequently requested in writing the surplus lines licensee to procure or place such insurance for a nonadmitted insurer.Source   Laws 1978, LB 836, § 8;   Laws 1989, LB 92, § 35;   R.S.Supp.,1990, § 44-147.02;   Laws 1992, LB 1006, § 10;  Laws 2011, LB70, § 7;  Laws 2012, LB1064, § 1. Cross References  Nebraska Property and Liability Insurance Guaranty Association, see section 44-2404.
NE Code § 44-5511 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-5511 - Surplus lines licensee; report; contents; when due.

44-5511.  Surplus lines licensee; report; contents; when due.On or before March 1 for the quarter ending the preceding December 31, June 1 for the quarter ending the preceding March 31, September 1 for the quarter ending the preceding June 30, and December 1 for the quarter ending the preceding September 30 of each year, every surplus lines licensee shall file with the department a report containing such information as the department may require, including: (1) The name of the nonadmitted insurer; (2) the name of the licensee; (3) the number of policies issued by each nonadmitted insurer; (4) except for insurance placed or procured on behalf of an exempt commercial purchaser, a sworn statement by the licensee with regard to the coverages described in the quarterly report that, to the best of the licensee's knowledge and belief, the licensee could not reasonably procure such coverages from an admitted insurer; and (5) the premium volume for each nonadmitted insurer by line of business.Source   Laws 1978, LB 836, § 9;   Laws 1989, LB 92, § 36;   R.S.Supp.,1990, § 44-147.03;   Laws 1992, LB 1006, § 11;  Laws 2011, LB70, § 8;  Laws 2018, LB799, § 1.
NE Code § 44-5512 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-5512 - Violations; director; hearing; orders; penalty; appeal.

44-5512.  Violations; director; hearing; orders; penalty; appeal.(1) Whenever the director has reason to believe that any person has engaged in any activities in violation of the Surplus Lines Insurance Act, the director may:(a) Issue an order and notice of hearing directing such person to cease and desist from engaging in such activities; or(b) Issue a statement of the charges of violation and a notice of hearing to be held within thirty days to determine whether or not such violation occurred.(2) Any hearing held pursuant to subsection (1) of this section, and any appeal therefrom, shall be in accordance with the Administrative Procedure Act.(3) If, after any hearing held pursuant to subsection (1) of this section, the director finds that the person charged has committed a violation as alleged, he or she shall reduce his or her findings to writing and serve a copy of the findings on the person charged and, in addition, the director may order any one or more of the following:(a) That such person cease and desist from engaging in such activities;(b) Payment of a fine of not more than five thousand dollars; and(c) Suspension or revocation of any surplus lines license held by such person for such period of time as the director determines.(4) Any person who violates a cease and desist order may, after notice and hearing and upon order of the director, be subject to:(a) Payment of a fine of not more than ten thousand dollars; and(b) Suspension or revocation of each insurance license held by such person for such period of time as the director determines.(5) For purposes of this section, person shall include a nonadmitted insurer.Source   Laws 1978, LB 836, § 10;   Laws 1989, LB 92, § 37;   R.S.Supp.,1990, § 44-147.04;   Laws 1992, LB 1006, § 12;  Laws 2018, LB799, § 2.  Cross References  Administrative Procedure Act, see section 84-920.
NE Code § 44-5514 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-5514 - Rules and regulations.

44-5514.  Rules and regulations.The director may adopt and promulgate rules and regulations to carry out the Surplus Lines Insurance Act.Source   Laws 1978, LB 836, § 12;   Laws 1989, LB 92, § 38;   R.S.Supp.,1990, § 44-147.06;   Laws 1992, LB 1006, § 14.