reglab/housing_qa huggingface dataset:
NE Code § 44-4804 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-4804 - Jurisdiction; venue.

44-4804.  Jurisdiction; venue.(1) No delinquency proceeding shall be commenced under the Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act by anyone other than the director, and no court shall have jurisdiction to entertain, hear, or determine any proceeding commenced by any other person.(2) No court of this state shall have jurisdiction to entertain, hear, or determine any complaint praying for the dissolution, liquidation, rehabilitation, sequestration, conservation, or receivership of any insurer or praying for an injunction or restraining order or other relief preliminary to, incidental to, or relating to such proceedings other than in accordance with the act.(3) In addition to other grounds for jurisdiction provided by the law of this state, a court of this state having jurisdiction of the subject matter has jurisdiction over a person served pursuant to sections 25-505.01 to 25-530.08 or other applicable provisions of law in an action brought by the receiver of a domestic insurer or an alien insurer domiciled in this state:(a) If the person served is an agent, broker, or other person who has at any time written policies of insurance for or has acted in any manner whatsoever on behalf of an insurer against which a delinquency proceeding has been instituted, in any action resulting from or incident to such a relationship with the insurer;(b) If the person served is a reinsurer who has at any time entered into a contract of reinsurance with an insurer against which a delinquency proceeding has been instituted or is an agent or broker of or for the reinsurer, in any action on or incident to the reinsurance contract;(c) If the person served is or has been an officer, manager, trustee, organizer, promoter, or person in a position of comparable authority or influence in an insurer against which a rehabilitation or liquidation order is in effect when the action is commenced, in any action resulting from such a relationship with the insurer;(d) If the person served is or was at the time of the institution of the delinquency proceeding against the insurer holding assets in which the receiver claims an interest on behalf of the insurer, in any action concerning the assets; or(e) If the person served is obligated to the insurer in any way whatsoever, in any action on or incident to the obligation.(4) If the court on motion of any party finds that any action should as a matter of substantial justice be tried in a forum outside this state, the court may enter an appropriate order to stay further proceedings on the action in this state.(5) All actions authorized by the act shall be brought in the district court of Lancaster County.Source   Laws 1989, LB 319, § 4;   Laws 1991, LB 236, § 61.
NE Code § 44-4805 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-4805 - Injunctions and orders.

44-4805.  Injunctions and orders.(1) Except as provided in subsection (3) of this section, any receiver appointed in a proceeding under the Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act may at any time apply for, and the court may grant, such restraining orders, preliminary and permanent injunctions, and other orders as may be deemed necessary and proper to prevent:(a) The transaction of further business;(b) The transfer of property;(c) Interference with the receiver or with a proceeding under the act;(d) Waste of the insurer's assets;(e) Dissipation and transfer of bank accounts;(f) The institution or further prosecution of any actions or proceedings;(g) The obtaining of preferences, judgments, attachments, garnishments, or liens against the insurer, its assets, or its insureds;(h) The levying of execution against the insurer, its assets, or its insureds;(i) The making of any sale or deed for nonpayment of taxes or assessments that would lessen the value of the assets of the insurer;(j) The withholding from the receiver of books, accounts, documents, or other records relating to the business of the insurer; or(k) Any other threatened or contemplated action that might lessen the value of the insurer's assets or prejudice the rights of insureds, creditors, or shareholders or the administration of any proceeding under the act.(2) Except as provided in subsection (3) of this section, the receiver may apply to any court outside of the state for the relief described in subsection (1) of this section.(3) A Federal Home Loan Bank shall not be stayed, enjoined, or prohibited from exercising or enforcing any right or cause of action regarding collateral pledged under any security agreement, or any pledge, security, collateral or guarantee agreement or any other similar arrangement or credit enhancement relating to such Federal Home Loan Bank security agreement.Source   Laws 1989, LB 319, § 5;   Laws 1991, LB 236, § 62;  Laws 2013, LB337, § 1.
NE Code § 44-4806 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-4806 - Cooperation of officers, owners, and employees; violation; penalty.

44-4806.  Cooperation of officers, owners, and employees; violation; penalty.(1) Any officer, manager, director, trustee, owner, employee, or agent of any insurer or any other persons with authority over or in charge of any segment of the insurer's affairs shall cooperate with the director in any proceeding under the Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act or any investigation preliminary to the proceeding. For purposes of this section, the term person shall include any person who exercises control directly or indirectly over activities of the insurer through a management contract or any holding company or other affiliate of the insurer. To cooperate shall include, but shall not be limited to, the following:(a) To reply promptly in writing to any inquiry from the director requesting such a reply; and(b) To make available to the director any books, accounts, documents, or other records or information or property of or pertaining to the insurer and in his or her possession, custody, or control.(2) No person shall obstruct or interfere with the director in the conduct of any delinquency proceeding or any investigation preliminary or incidental thereto.(3) This section shall not be construed to abridge otherwise existing legal rights, including the right to resist a petition for liquidation or other delinquency proceedings, or other orders.(4) Any person included within subsection (1) of this section who fails to cooperate with the director or any person who obstructs or interferes with the director in the conduct of any delinquency proceeding or any investigation preliminary or incidental thereto or who violates any order the director issued validly under the act shall be guilty of a Class I misdemeanor or may, after a hearing, be subject to the imposition by the director of a civil penalty not to exceed ten thousand dollars and shall be subject further to the revocation or suspension of any insurance licenses issued by the director.Source   Laws 1989, LB 319, § 6;   Laws 1990, LB 984, § 5.
NE Code § 44-4807 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-4807 - Bonds.

44-4807.  Bonds.In any proceeding under the Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act, the director and his or her deputies shall be responsible on their official bonds for the faithful performance of their duties. If the court deems it desirable for the protection of the assets, it may at any time require an additional bond from the director or his or her deputies, and such bond shall be paid for out of the assets of the insurer as a cost of administration.Source  Laws 1989, LB 319, § 7.
NE Code § 44-4808 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-4808 - Insurer subject to delinquency proceedings; restrictions.

44-4808.  Insurer subject to delinquency proceedings; restrictions.No insurer that is subject to any delinquency proceedings, whether formal, informal, administrative, or judicial, shall (1) be released from such proceeding unless such proceeding is converted into a judicial rehabilitation or liquidation proceeding, (2) be permitted to solicit or accept new business or request or accept the restoration of any suspended or revoked license or certificate of authority, (3) be returned to the control of its shareholders or private management, or (4) have any of its assets returned to the control of its shareholders or private management, until all payments of or on account of the insurer's contractual obligations by all guaranty associations, along with all expenses thereof and interest on all such payments and expenses, have been repaid to the guaranty associations or a plan of repayment by the insurer has been approved by the guaranty association.Source   Laws 1989, LB 319, § 8;   Laws 1991, LB 236, § 63.
NE Code § 44-4810 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-4810 - Court; seizure order.

44-4810.  Court; seizure order.(1) The director may file in the district court of Lancaster County a petition alleging, with respect to a domestic insurer:(a) That there exist any grounds that would justify a court order for a formal delinquency proceeding against an insurer under the Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act;(b) That the interests of insureds, creditors, or the public will be endangered by delay; and(c) The contents of an order deemed necessary by the director.(2) Upon a filing under subsection (1) of this section, the court may issue, forthwith, ex parte, and without a hearing, the requested order which shall direct the director to take possession and control of all or a part of the property, books, accounts, documents, and other records of an insurer and of the premises occupied by it for transaction of its business and until further order of the court enjoin the insurer and its officers, managers, agents, and employees from disposition of its property and from the transaction of its business except with the written consent of the director.(3) The court shall specify in the order what its duration shall be, which shall be such time as the court deems necessary for the director to ascertain the condition of the insurer. On motion of either party or on its own motion, the court may from time to time hold such hearings as it deems desirable after such notice as it deems appropriate and may extend, shorten, or modify the terms of the seizure order. The court shall vacate the seizure order if the director fails to commence a formal delinquency proceeding under the act after having had a reasonable opportunity to do so. An order of the court pursuant to a formal delinquency proceeding under the act shall ipso facto vacate the seizure order.(4) Entry of a seizure order under this section shall not constitute an anticipatory breach of any contract of the insurer.(5) An insurer subject to an ex parte order under this section may petition the court at any time after the issuance of such order for a hearing and review of the order. The court shall hold such a hearing and review not more than fifteen days after the request. A hearing under this subsection may be held privately in chambers, and it shall be so held if the insurer proceeded against so requests.(6) If, at any time after the issuance of such an order, it appears to the court that any person whose interest is or will be substantially affected by the order did not appear at the hearing and has not been served, the court may order that notice be given to such person. An order that notice be given shall not stay the effect of any order previously issued by the court.Source   Laws 1989, LB 319, § 10;   Laws 1990, LB 984, § 7;   Laws 1991, LB 236, § 65.
NE Code § 44-4811 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-4811 - Confidentiality of hearings.

44-4811.  Confidentiality of hearings.(1) In all proceedings and judicial review thereof under section 44-4810, all records of the insurer, other documents, all department files, and court records and papers, so far as they pertain to or are a part of the record of the proceedings, shall be and remain confidential except as is necessary to obtain compliance therewith unless and until the court, after hearing arguments from the parties in chambers, orders otherwise or unless the insurer requests that the matter be made public. Until such court order, all papers filed with the clerk of the district court shall be held by him or her in a confidential file.(2)(a) The records described in subsection (1) of this section may be provided to other state, federal, foreign, and international regulatory and law enforcement agencies and the National Association of Insurance Commissioners and its affiliates and subsidiaries if the recipient agrees in writing to maintain the confidentiality of the records.(b) The director may receive supervision, rehabilitation, and liquidation records from other state, federal, foreign, or international regulatory and law enforcement agencies and from the National Association of Insurance Commissioners and its affiliates and subsidiaries. The director shall maintain as confidential or privileged records received pursuant to this subdivision with notice or the understanding that they are confidential or privileged under the laws of the jurisdiction that is the source of the information. Such information shall not be a public record subject to disclosure by the director pursuant to sections 84-712 to 84-712.09, subject to subpoena, subject to discovery, or admissible in evidence in any private civil action, except that the director may use such information in any regulatory or legal action brought by the director. The director, and any other person while acting under the authority of the director who has received information pursuant to this subdivision, may not, and shall not be required to, testify in any private civil action concerning any information subject to this section. Nothing in this section shall constitute a waiver of any applicable privilege or claim of confidentiality in the information received pursuant to this subdivision as a result of information sharing authorized by this section.Source   Laws 1989, LB 319, § 11;   Laws 1991, LB 236, § 66;  Laws 2001, LB 52, § 49.
NE Code § 44-4813 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-4813 - Rehabilitation orders.

44-4813.  Rehabilitation orders.(1) An order to rehabilitate the business of a domestic insurer or an alien insurer domiciled in this state shall appoint the director and his or her successors in office the rehabilitator and shall direct the rehabilitator forthwith to take possession of the assets of the insurer and to administer them under the general supervision of the court. The filing or recording of the order with the clerk of the district court of Lancaster County or register of deeds of the county in which the principal business of the company is conducted or 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. The order to rehabilitate the insurer shall by operation of law vest title to all assets of the insurer in the rehabilitator.(2) Any order issued under this section shall require accounting to the court by the rehabilitator. Accountings shall be at such intervals as the court specifies in the order but no less frequently than semiannually. Each accounting shall include a report concerning the rehabilitator's opinion as to the likelihood that a plan under subsection (4) of section 44-4814 will be prepared by the rehabilitator and the timetable for doing so.(3) Entry of an order of rehabilitation shall not constitute an anticipatory breach of any contracts of the insurer and shall not be grounds for retroactive revocation or retroactive cancellation of any contracts of the insurer unless such revocation or cancellation is done by the rehabilitator pursuant to section 44-4814.Source   Laws 1989, LB 319, § 13;   Laws 1991, LB 236, § 68.
NE Code § 44-4815 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-4815 - Actions; effect of rehabilitation.

44-4815.  Actions; effect of rehabilitation.(1) Except as provided in subsection (4) of this section, any court in this state before which any action or proceeding in which the insurer is a party or is obligated to defend a party is pending when a rehabilitation order against the insurer is entered shall stay the action or proceeding for ninety days and such additional time as is necessary for the rehabilitator to obtain proper representation and prepare for further proceedings. The rehabilitator shall take such action respecting the pending litigation as he or she deems necessary in the interests of justice and for the protection of insureds, creditors, and the public. The rehabilitator shall immediately consider all litigation pending outside this state and shall petition the courts having jurisdiction over that litigation for stays whenever necessary to protect the estate of the insurer.(2) No statute of limitations or defense of laches shall run with respect to any action by or against an insurer between the filing of a petition for appointment of a rehabilitator for that insurer and the order granting or denying that petition. Any action by or against the insurer that might have been commenced when the petition was filed may be commenced for at least sixty days after the order of rehabilitation is entered or the petition is denied. The rehabilitator may, upon an order for rehabilitation, within one year or such other longer time as applicable law may permit, institute an action or proceeding on behalf of the insurer upon any cause of action against which the period of limitation fixed by applicable law has not expired at the time of the filing of the petition upon which such order is entered.(3) Any guaranty association or foreign guaranty association covering life or health insurance or annuities shall have standing to appear in any court proceeding concerning the rehabilitation of a life or health insurer if such association is or may become liable to act as a result of the rehabilitation.(4) A Federal Home Loan Bank shall not be stayed, enjoined, or prohibited from exercising or enforcing any right or cause of action regarding collateral pledged under any security agreement, or any pledge, security, collateral or guarantee agreement or any other similar arrangement or credit enhancement relating to such Federal Home Loan Bank security agreement.Source   Laws 1989, LB 319, § 15;   Laws 1991, LB 236, § 70;  Laws 2013, LB337, § 2.
NE Code § 44-4816 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-4816 - Liquidation; termination of rehabilitation.

44-4816.  Liquidation; termination of rehabilitation.(1) Whenever the director believes further attempts to rehabilitate an insurer would substantially increase the risk of loss to insureds, creditors, or the public or would be futile, the director may petition the district court of Lancaster County for an order of liquidation. A petition under this subsection shall have the same effect as a petition under section 44-4817. The court shall permit the directors of the insurer to take such actions as are reasonably necessary to defend against the petition and may order payment from the estate of the insurer of such costs and other expenses of defense as justice may require.(2) The protection of the interests of insureds, claimants, and the public requires the timely performance of all insurance policy obligations. If the payment of policy obligations is suspended in substantial part for a period of six months at any time after the appointment of the rehabilitator and the rehabilitator has not filed an application for approval of a plan under subsection (4) of section 44-4814, the rehabilitator shall petition the court for an order of liquidation on grounds of insolvency.(3) The rehabilitator may at any time petition the district court of Lancaster County for an order terminating rehabilitation of an insurer. The court shall also permit the directors of the insurer to petition the court for an order terminating rehabilitation of the insurer and may order payment from the estate of the insurer of such costs and other expenses of such petition as justice may require. If upon the petition of the rehabilitator or the directors of the insurer or upon its own motion at any time the court finds that rehabilitation has been accomplished and that grounds for rehabilitation under section 44-4812 no longer exist, it shall order that the insurer be restored to possession of its property and the control of the business.Source   Laws 1989, LB 319, § 16;   Laws 1991, LB 236, § 71.
NE Code § 44-4817 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-4817 - Grounds for liquidation.

44-4817.  Grounds for liquidation.The director may petition the district court of Lancaster County for an order directing him or her to liquidate a domestic insurer or an alien insurer domiciled in this state on the basis:(1) Of any ground for an order of rehabilitation as specified in section 44-4812 whether or not there has been a prior order directing the rehabilitation of the insurer;(2) That the insurer is insolvent; or(3) That the insurer is in such condition that the further transaction of business would be hazardous, financially or otherwise, to its insureds or creditors or the public.Source   Laws 1989, LB 319, § 17;   Laws 1991, LB 236, § 72.
NE Code § 44-4819 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-4819 - Termination and continuation of coverage.

44-4819.  Termination and continuation of coverage.(1) All policies including bonds and other noncancelable business, other than life or health insurance or annuities, in effect at the time of issuance of an order of liquidation shall continue in force until the earliest of:(a) Thirty days from the date of entry of the liquidation order;(b) The expiration of the policy coverage;(c) The date when the insured has replaced the insurance coverage with equivalent insurance in another insurer or otherwise terminated the policy;(d) The liquidator has effected a transfer of the policy obligation pursuant to subdivision (1)(j) of section 44-4821; or(e) The date proposed by the liquidator and approved by the court to cancel coverage.(2) An order of liquidation under section 44-4818 shall terminate coverages at the time specified in subsection (1) of this section for purposes of any other statute.(3) Policies of life or health insurance or annuities shall continue in force for such period and under such terms as is provided for by any applicable guaranty association or foreign guaranty association.(4) Policies of life or health insurance or annuities or any period or coverage of such policies not covered by a guaranty association or foreign guaranty association shall terminate under subsections (1) and (2) of this section.Source   Laws 1989, LB 319, § 19;   Laws 1991, LB 236, § 74.