reglab/housing_qa huggingface dataset:
NE Code § 44-1989 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-1989 - Liquidation, dissolution, or insolvency.

44-1989.  Liquidation, dissolution, or insolvency.(1) The Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act shall apply to all title insurers subject to the Title Insurers Act except as otherwise provided in this section. In applying the provisions of the Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act, the court shall consider the unique aspects of title insurance and shall have broad authority to fashion relief that provides for the maximum protection of the title insurance policyholders.(2) Security and escrow funds held by or on behalf of a title insurer shall not become general assets and shall be administered as secured creditor claims as defined in the Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act.(3) Title insurance policies that are in force at the time an order of liquidation is entered shall not be canceled except upon a showing to the court of good cause by the liquidator. The determination of good cause shall be within the discretion of the court. In making this determination, the court shall consider the unique aspects of title insurance and all other relevant circumstances.(4) The court may set appropriate dates that potential claimants must file their claims with the liquidator. The court may set different dates for claims based upon a title insurance policy than for all other claims. In setting dates, the court shall consider the unique aspects of title insurance and all other relevant circumstances.(5) As of the date of the order of insolvency or liquidation, all premiums paid, due, or to become due under title insurance policies of the title insurer shall be fully earned. It shall be the obligation of title insurance agents, insureds, or representatives of the title insurer to pay fully earned premiums to the liquidator or rehabilitator.Source  Laws 1997, LB 53, § 12. Cross References  Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act, see section 44-4862.
NE Code § 44-1990 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-1990 - Restrictions on dividends.

44-1990.  Restrictions on dividends.A title insurer shall only declare or distribute a dividend to shareholders without the prior written approval of the director as would be permitted under section 44-2134 for insurers other than life insurers.Source  Laws 1997, LB 53, § 13.
NE Code § 44-1991 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-1991 - Diversification requirement.

44-1991.  Diversification requirement.(1) Without the prior written approval of the director, a domestic title insurer shall not accept:(a) Additional title insurance business from a title insurance agent that is not affiliated with the title insurer if, when added to other title insurance business written through the title insurance agent during the same calendar year, that title insurance agent's aggregate premiums written on behalf of the title insurer will exceed twenty percent of the title insurer's gross premiums written during the prior calendar year as shown on the title insurer's most recent annual statement on file with the director; or(b) Additional direct operations from a single source if, when added to other direct operations from the single source during the same calendar year, the aggregate premiums written on the direct operations of the single source will exceed twenty percent of the title insurer's gross premiums written during the prior calendar year as shown on the title insurer's most recent annual statement on file with the director. For purposes of this section, single source means a person that refers title insurance business to the title insurer and any other person that controls, is controlled by, or is under common control with that person.(2) In determining whether prior approval may be given, the director shall consider:(a) The potential that the acceptance of more title insurance business from the title insurance agent or source may adversely affect the financial solidity of the title insurer;(b) The availability of competing title insurance agents or additional sources in the territories in which the title insurer accepts risks;(c) The number of years the title insurer has been in business;(d) Reinsurance arrangements mitigating the concentration of title insurance business from the title insurance agent or single source;(e) The comparative profitability of the title insurance agent's or single source's book of title insurance business;(f) The degree of oversight of the title insurance agent's operations exercised by the title insurer; and(g) Any other circumstances deemed by the director to be appropriate.Source  Laws 1997, LB 53, § 14.
NE Code § 44-1992 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-1992 - Title insurance commitment; notice.

44-1992.  Title insurance commitment; notice.(1) When a title insurance commitment includes an offer to issue an owner's title insurance policy covering the resale of owner-occupied residential property, the title insurance commitment shall be furnished to the purchaser-mortgagor or its representative as soon as reasonably possible prior to closing. If the title insurance commitment cannot be delivered prior to the day of closing, the title insurer shall document the reasons for the delay.(2) A title insurer issuing a lender's title insurance policy in conjunction with a mortgage loan made simultaneously with the purchase of all or part of the real estate securing the loan, when no owner's title insurance policy has been requested, shall give written notice, on a form prescribed or approved by the director, to the purchaser-mortgagor at the time the title insurance commitment is prepared. The notice shall explain that a lender's title insurance policy is to be issued protecting the mortgage lender and that the lender's title insurance policy does not provide title insurance protection to the purchaser-mortgagor as the owner of the property being purchased. The notice shall explain what a title insurance policy insures against and what possible exposures exist for the purchaser-mortgagor that could be insured against through the purchase of an owner's title insurance policy. The notice shall also explain that the purchaser-mortgagor may obtain an owner's title insurance policy protecting the property owner at a specified cost or approximate cost if the proposed coverages or amount of title insurance is not then known. A copy of the notice, signed by the purchaser-mortgagor, shall be retained in the relevant underwriting file at least five years after the effective date of the lender's title insurance policy.Source   Laws 1997, LB 53, § 15;  Laws 1999, LB 259, § 4;  Laws 2001, LB 360, § 10.
NE Code § 44-1995 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-1995 - Prohibition of rebate and fee splitting.

44-1995.  Prohibition of rebate and fee splitting.A title insurer or other person shall not provide or receive, directly or indirectly, any consideration for the referral of title insurance business or escrow or other services provided by a title insurer.Source  Laws 1997, LB 53, § 18.
NE Code § 44-1996 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-1996 - Favored agent of title insurer.

44-1996.  Favored agent of title insurer.A title insurer shall not participate in any transaction in which it knows that a producer of title insurance business or other person requires, directly or indirectly, or through a trustee, director, officer, agent, employee, or affiliate, as a condition, agreement, or understanding to selling or furnishing any other person a loan, loan extension, credit, sale, property, contract, lease, or service, that the other person place a title insurance policy of any kind with the title insurer or through a particular title insurance agent.Source  Laws 1997, LB 53, § 19.
NE Code § 44-1997 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-1997 - Premium rate filings and standards.

44-1997.  Premium rate filings and standards.(1) No title insurer may charge any rates regulated by the state after September 13, 1997, except in accordance with the premium rate schedule and manual filed with and approved by the director in accordance with applicable statutes and rules and regulations governing rate filings.(2) The director may adopt and promulgate rules and regulations, including rules and regulations providing statistical plans, for use by all title insurers and title insurance agents in the recording and reporting of revenue, loss, and expense experience in such form and detail as is necessary to aid him or her in the establishment of rates and fees.(3) The director may require that the information provided under this section be verified by oath of the title insurer's or title insurance agent's president, vice president, secretary, or actuary, as applicable. The director may further require that the information required under this section be subject to an audit conducted by an independent certified public accountant. The director shall have the authority to establish a minimum threshold level at which an audit would be required.(4) Information filed with the director relating to the experience of a particular title insurance agent shall be kept confidential unless the director finds it in the public interest to disclose the information required of title insurers or title insurance agents under this section.Source  Laws 1997, LB 53, § 20.
NE Code § 44-1998 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-1998 - Form filing.

44-1998.  Form filing.(1)(a) A title insurer or rate service organization shall not deliver or issue for delivery or permit any of its title insurance agents to deliver in this state any form, in connection with title insurance business written, unless it has been filed with the director and approved by the director or thirty days have elapsed and it has not been disapproved. The waiting period may be extended for an additional period not to exceed thirty days if the director gives written notice within such waiting period to the title insurer or authorized rate service organization which made the filing that additional time is needed for consideration of the filing.(b) Forms shall not (i) be unjust, unfair, or inequitable, (ii) be misleading, be deceptive, or encourage misrepresentation of the coverage, (iii) be contrary to public policy, or (iv) provide coverage that is of such a limited nature so as to be contrary to public interest.(2) Forms covered by this section shall include:(a) Title insurance policies, including standard form endorsements; and(b) Title insurance commitments.(3) After notice and opportunity to be heard are given to the title insurer or rate service organization which submitted a form for approval, the director may withdraw approval of the form on finding that the use of the form is contrary to the legal requirements applicable at the time of withdrawal. The effective date of withdrawal of approval shall not be less than ninety days after notice of withdrawal is given.(4) An approved title insurance policy form or endorsement providing coverage for which no identifiable premium is assessed shall be incorporated into every applicable title insurance policy. The title insurer shall disclose any additional coverage to the insured. The provisions of this section shall not operate to eliminate any underwriting standard of conditions relating to the approved title insurance policy forms or endorsements.(5) Any term or condition related to insurance coverage provided by an approved title insurance policy or any exception to the coverage, except those ascertained from a search and examination of records relating to a title or an inspection or survey of a property to be insured, may only be included in the title insurance policy after the term, condition, or exception has been filed with the director and approved.Source  Laws 1997, LB 53, § 21.
NE Code § 44-1999 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-1999 - Filing by rate service organization.

44-1999.  Filing by rate service organization.(1) A title insurer or title insurance agent may satisfy its obligation to file premium rates, rating manuals, and forms as required by the Title Insurers Act by becoming a member of, or a subscriber to, a rate service organization, organized and licensed under the insurance laws of this state, when the organization makes the filings, and by authorizing the director in writing to accept the filings on the title insurer's behalf.(2) Nothing in the act shall be construed as requiring any title insurer or title insurance agent to become a member of, or a subscriber to, any rate service organization. Nothing in the act shall be construed as prohibiting the filing of deviations from rate service organization filings by any member or subscriber.Source  Laws 1997, LB 53, § 22.
NE Code § 44-19,100 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-19,100 - Record retention requirements.

44-19,100.  Record retention requirements.Evidence of the examination of title and determination of insurability for title insurance business written by a title insurer and records relating to escrow and security deposits shall be preserved and retained by the title insurer for as long as appropriate to the circumstances but, in no event, less than fifteen years after the title insurance policy has been issued or ten years after the escrow or security deposit account has been closed. This section shall not apply to a title insurer acting as coinsurer if one of the other coinsurers has complied with this section.Source  Laws 1997, LB 53, § 23.
NE Code § 44-19,101 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-19,101 - Rules and regulations.

44-19,101.  Rules and regulations.The director may adopt and promulgate rules and regulations and issue orders as necessary to carry out the Title Insurers Act.Source  Laws 1997, LB 53, § 24.
NE Code § 44-19,102 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-19,102 - Penalties and liabilities.

44-19,102.  Penalties and liabilities.(1) If the director determines that a title insurer or any other person has violated the Title Insurers Act or any rule or regulation adopted and promulgated pursuant to the act, after notice and opportunity to be heard, the director may order:(a) A penalty not exceeding one thousand dollars for each violation; and(b) Revocation or suspension of the title insurer's certificate of authority.(2) Nothing in this section shall affect the right of the director to impose any other penalties provided for in the insurance laws of this state.(3) Nothing in the act is intended to or shall in any manner limit or restrict the rights of policyholders, claimants, and creditors.Source  Laws 1997, LB 53, § 25.
NE Code § 44-19,103 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-19,103 - Unfair trade practices.

44-19,103.  Unfair trade practices.In addition to any other remedies available under the laws of this state, each violation of the Title Insurers Act and any rules and regulations adopted and promulgated thereunder shall be an unfair trade practice in the business of insurance subject to the Unfair Insurance Trade Practices Act.Source  Laws 1997, LB 53, § 26. Cross References  Unfair Insurance Trade Practices Act, see section 44-1521.
NE Code § 44-19,104 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-19,104 - Violations of Real Estate Settlement Procedures Act of 1974.

44-19,104.  Violations of Real Estate Settlement Procedures Act of 1974.The director or Attorney General may bring an action in a court of competent jurisdiction to enjoin violations of the federal Real Estate Settlement Procedures Act of 1974, as amended, 12 U.S.C. 2601.Source  Laws 1997, LB 53, § 27.
NE Code § 44-19,105 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-19,105 - Applicability of act.

44-19,105.  Applicability of act.The Title Insurers Act applies to all transactions entered into on or after September 13, 1997, except that:(1) If the capital and surplus required prior to September 13, 1997, was less than that required by section 44-1985, a title insurer shall have two years after September 13, 1997, to comply with such section; and(2) Section 44-1988 provides for a multiyear compliance period during which requisite reserves must be established.Source  Laws 1997, LB 53, § 28.
NE Code § 44-19,106 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-19,106 - Act, how cited.

44-19,106.  Act, how cited.Sections 44-19,106 to 44-19,123 shall be known and may be cited as the Title Insurance Agent Act.Source   Laws 1997, LB 53, § 29;  Laws 2004, LB 155, § 3.
NE Code § 44-19,107 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-19,107 - Purpose of act.

44-19,107.  Purpose of act.The purpose of the Title Insurance Agent Act is to provide the State of Nebraska with a comprehensive body of law for the effective regulation and supervision of title insurance agents.Source  Laws 1997, LB 53, § 30.
NE Code § 44-19,109 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-19,109 - Licensing requirements.

44-19,109.  Licensing requirements.(1) A person shall not act in the capacity of a title insurance agent and a title insurer shall not contract with any person to act in the capacity of a title insurance agent with respect to risks located in this state unless the person is a licensed title insurance agent in this state pursuant to the Insurance Producers Licensing Act.(2)(a) Every title insurance agent licensed in this state shall:(i) Exclude or eliminate the word insurer or underwriter or similar term from its agency's name; and(ii) Provide, in a timely fashion, each title insurer with which it places business any information the title insurer requests in order to comply with reporting requirements of the director.(b) A title insurance agent licensed in this state immediately prior to September 13, 1997, shall be deemed on and after such date to be in compliance with the requirements of this subsection.(3) The director shall require the title insurance agent and any bona fide employee of the title insurance agent handling escrow or security deposits to maintain a surety bond, letter of credit, certificate of deposit, or deposit of cash or securities in an amount not less than one hundred thousand dollars covering all of the title insurance agent's employees.(4) If the title insurance agent delegates the title search to a third party, the third party shall provide the title insurance agent and the title insurer with access to and the right to copy all accounts and records maintained by the third party with respect to title insurance business placed with the title insurer.Source  Laws 1997, LB 53, § 32. Cross References  Insurance Producers Licensing Act, see section 44-4047.
NE Code § 44-19,110 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-19,110 - Examination of title insurance agents.

44-19,110.  Examination of title insurance agents.The director may, during normal business hours, examine, audit, and inspect any and all books and records maintained by a title insurance agent under the provisions of the Title Insurance Agent Act. The title insurance agent shall reimburse the director for the expense of examination, audit, and inspection.Source  Laws 1997, LB 53, § 33.
NE Code § 44-19,111 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-19,111 - Prohibition of rebate and fee splitting.

44-19,111.  Prohibition of rebate and fee splitting.A title insurance agent or other person shall not provide or receive, directly or indirectly, any consideration for the referral of title insurance business or escrow or other services provided by a title insurance agent.Source  Laws 1997, LB 53, § 34.
NE Code § 44-19,112 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-19,112 - Affiliated business provisions.

44-19,112.  Affiliated business provisions.(1) Whenever title insurance business to be written constitutes affiliated business, prior to commencing the transaction, the title insurance agent shall ensure that its customer has been provided with a written disclosure of the existence of the affiliated business arrangement and a written estimate of the charge or range of charges generally made for the title insurance services provided by the title insurance agent.(2) The director may establish rules for use by all title insurance agents in the recording and reporting of the title insurance agent's owners and of the title insurance agent's ownership interests in other persons or businesses and of material transactions between the parties.(3) The director shall require each title insurance agent to file, on forms prescribed by the director, reports setting forth the names and addresses of those persons, if any, that have a financial interest in the title insurance agent and who the title insurance agent knows or has reason to believe are producers of title insurance business or associates of producers of title insurance business.(4) Nothing in the Title Insurance Agent Act shall be construed as prohibiting affiliated business arrangements in the provision of title insurance business so long as:(a) The title insurance agent or party making a referral constituting affiliated business, at or prior to the time of the referral, discloses the arrangement and, in connection with the referral, provides the person being referred with a written estimate of the charge or range of charges likely to be assessed and otherwise complies with the disclosure obligations of this section;(b) The person being referred is not required to use a specified title insurance agent or title insurer; and(c) The only thing of value that is received by the title insurance agent or party making the referral, other than payments otherwise permitted, is a return on an ownership interest. For purposes of this subsection, the terms required use and return on an ownership interest have the meaning accorded to them under the federal Real Estate Settlement Procedures Act of 1974, as amended, 12 U.S.C. 2601, and Regulation X, 24 C.F.R. 3500 et seq.Source  Laws 1997, LB 53, § 35.
NE Code § 44-19,113 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-19,113 - Favored agent of title insurer.

44-19,113.  Favored agent of title insurer.A title insurance agent shall not participate in any transaction in which it knows that a producer of title insurance business or other person requires, directly or indirectly, or through a trustee, director, officer, agent, employee, or affiliate, as a condition, agreement, or understanding to selling or furnishing any other person a loan, loan extension, credit, sale, property, contract, lease, or service, that the other person place a title insurance policy of any kind with a particular title insurer or through a particular title insurance agent.Source  Laws 1997, LB 53, § 36.