reglab/housing_qa huggingface dataset:
NE Code § 44-320.01 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-320.01 - Domestic company; capital stock; retirement not to constitute sale, when; reinsurance or consolidation; effect.

44-320.01.  Domestic company; capital stock; retirement not to constitute sale, when; reinsurance or consolidation; effect.Retirement of the capital stock of a domestic stock insurance company and the payment to the holders of such stock of its value under a plan for the mutualization of such company shall not constitute a sale of such stock within the prohibition of section 44-320; nor shall a contract to reinsure or assume the risks and business of another insurance company through reinsurance or consolidation as provided for by sections 44-224.01 to 44-224.10, be deemed to be either a sale or purchase of property within the prohibition of section 44-320.Source   Laws 1953, c. 149, § 1(2), p. 477;   Laws 1959, c. 198, § 2, p. 706.
NE Code § 44-321 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-321 - Health insurance policy; mental health service delivered in a school; insurer; prohibited acts.

44-321.  Health insurance policy; mental health service delivered in a school; insurer; prohibited acts.(1) For purposes of this section:(a) Health insurance policy means (i) any individual or group sickness and accident insurance policy or subscriber contract delivered, issued for delivery, or renewed in this state and any hospital, medical, or surgical expense-incurred policy, except for a policy that provides coverage for a specified disease or other limited-benefit coverage, and (ii) any self-funded employee benefit plan to the extent not preempted by federal law; and(b) School means a public, private, denominational, or parochial school which meets the requirements for accreditation or approval prescribed in Chapter 79.(2) Notwithstanding section 44-3,131, an insurer offering a health insurance policy shall not deny coverage or payment for a mental health service solely because the service is delivered in a school.(3) Nothing in this section shall:(a) Require an insurer offering a health insurance policy to pay for mental health services that are otherwise excluded from such health insurance policy;(b) Require an insurer offering a health insurance policy to pay for mental health services that are provided by an individual employed by or under contract with a school district or an educational service unit in a regular full-time or part-time position; or(c) Prevent application of any other provision of such health insurance policy.(4) This section applies to health insurance policies issued or renewed on or after January 1, 2020, and to claims for reimbursement based on such policies for costs incurred on or after January 1, 2020.Source Laws 2019, LB619, § 1.
NE Code § 44-322.01 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-322.01 - Financial analysis ratios; examination synopses; confidentiality; immunity.

44-322.01.  Financial analysis ratios; examination synopses; confidentiality; immunity.(1) All financial analysis ratios and examination synopses concerning insurance companies that are submitted to the director by the National Association of Insurance Commissioners which are determined by such association to be confidential may not be disclosed or released for public inspection by the director.(2) In the absence of actual malice, members of the National Association of Insurance Commissioners, the association's duly authorized committees, subcommittees, task forces, delegates, and employees, and all others charged with the responsibility of collecting, reviewing, analyzing, and disseminating the information developed from the filing of the annual statement convention blanks are acting as agents of the director and shall not be subject to civil liability for libel, slander, or any cause of action by virtue of their collection, review, and analysis or dissemination of the data and information collected from the filings required of insurance companies under the insurance laws of this state or similar laws of other states.Source  Laws 1989, LB 92, § 9.
NE Code § 44-325 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-325 - Domestic insurer; dividends; payment; limitation.

44-325.  Domestic insurer; dividends; payment; limitation.No domestic insurer shall declare or pay a dividend from any source other than earned surplus. For purposes of this section, earned surplus means an amount equal to the unassigned funds of an insurer as set forth in the most recent annual statement of the insurer submitted to the Director of Insurance including any surplus arising from unrealized capital gains or revaluation of assets.Any dividend in excess of the unassigned funds of an insurer, excluding any surplus arising from unrealized capital gains or revaluation of assets, shall be deemed an extraordinary dividend and shall be subject to the requirements of section 44-2134.Source   Laws 1913, c. 154, § 53, p. 420;   R.S.1913, § 3189;   Laws 1919, c. 190, tit. V, art. IV, § 24, p. 599;   C.S.1922, § 7789;   C.S.1929, § 44-324;   R.S.1943, § 44-325;   Laws 1976, LB 916, § 2;   Laws 1996, LB 689, § 1.
NE Code § 44-326 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-326 - Domestic company; disbursements; how made.

44-326.  Domestic company; disbursements; how made.No domestic company shall make any disbursement of one hundred dollars or more other than policy proceeds or benefits unless the disbursement is evidenced by an invoice, a statement of account, or a voucher issued by or on behalf of the person, firm, or corporation receiving the money and correctly describing the consideration for the disbursement. If the invoice, statement of account, or voucher is unavailable, the disbursement shall be evidenced by an affidavit of some officer of the company identifying the disbursement and the consideration for the disbursement and stating the reason the invoice, statement of account, or voucher is unavailable.Source   Laws 1913, c. 154, § 47, p. 418;   R.S.1913, § 3183;   Laws 1919, c. 190, tit. V, art. IV, § 18, p. 597;   C.S.1922, § 7783;   C.S.1929, § 44-318;   R.S.1943, § 44-326;   Laws 1989, LB 92, § 99.
NE Code § 44-336 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-336 - Transferred to section 44-3909.

44-336.  Transferred to section 44-3909.
NE Code § 44-336.01 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-336.01 - Transferred to section 44-3910.

44-336.01.  Transferred to section 44-3910.
NE Code § 44-336.02 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-336.02 - Transferred to section 44-3911.

44-336.02.  Transferred to section 44-3911.
NE Code § 44-336.03 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-336.03 - Transferred to section 44-3912.

44-336.03.  Transferred to section 44-3912.
NE Code § 44-336.04 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-336.04 - Transferred to section 44-3913.

44-336.04.  Transferred to section 44-3913.
NE Code § 44-336.05 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-336.05 - Transferred to section 44-3914.

44-336.05.  Transferred to section 44-3914.
NE Code § 44-336.06 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-336.06 - Transferred to section 44-3915.

44-336.06.  Transferred to section 44-3915.
NE Code § 44-348 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-348 - Policies, bonds, or certificates; form; approval.

44-348.  Policies, bonds, or certificates; form; approval.Except as otherwise provided in Chapter 44 or by the director, no insurance policy, bond, or certificate issued under such policy or bond shall be issued or delivered in this state unless and until a copy of the form has been filed with and approved by the director.Source   Laws 1913, c. 154, § 138, p. 466;   R.S.1913, § 3275;   Laws 1919, c. 190, tit. V, art. XI, § 3, p. 648;   C.S.1922, § 7882;   C.S.1929, § 44-1103;   R.S.1943, § 44-348;   Laws 1989, LB 92, § 100;   Laws 1991, LB 233, § 44.  Annotations  An otherwise valid and authorized contract of insurance is not rendered void merely because it has not been approved by the Department of Insurance prior to its issuance. Equity Mut. Ins. Co. v. Allstate Ins. Co., 190 Neb. 515, 209 N.W.2d 592 (1973). Where endorsement form approved to eliminate coverage of named person is altered by insurer to directly conflict with omnibus clause, it is not valid. Workman v. Great Plains Ins. Co., Inc., 189 Neb. 22, 200 N.W.2d 8 (1972). Copy of policy form was filed with and approved by department. Peterson v. State Automobile Ins. Assn., 160 Neb. 420, 70 N.W.2d 489 (1955). Department of Insurance cannot be compelled to approve form of rider which does not state in concise terms the exact coverage or liability prescribed by statute. State ex rel. Republic National Life Ins. Co., v. Smrha, 138 Neb. 484, 293 N.W. 372 (1940).
NE Code § 44-349 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-349 - Policy or contract; statement required.

44-349.  Policy or contract; statement required.No policy or contract of insurance or renewal thereof shall be made, issued, used, or delivered by any assessment insurer in this state unless it states on its face that it is issued by an assessment insurer.Source   Laws 1913, c. 154, § 136, p. 466;   R.S.1913, § 3273;   Laws 1919, c. 190, tit. V, art. XI, § 1, p. 647;   C.S.1922, § 7880;   C.S.1929, § 44-1101;   R.S.1943, § 44-349;   Laws 1959, c. 201, § 1, p. 711;  Laws 2008, LB855, § 3.
NE Code § 44-350 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-350 - Insurance companies; use of name; policies; state name of company; exceptions.

44-350.  Insurance companies; use of name; policies; state name of company; exceptions.Every insurance company shall conduct its business in this state in its own name, and the policies and contracts of insurance issued by it shall be headed or entitled by such name. Two or more companies may jointly issue an underwriter's policy, upon which must appear the names of the companies guaranteeing the same, and such companies shall be jointly and severally liable thereon; Provided, this limitation shall not apply to any insurance company admitted to this state and issuing an underwriter's policy prior to the passage and approval of this chapter, nor, in the discretion of the Department of Insurance, to any insurance company desiring to issue an underwriter's policy after the passage and approval of this chapter.Source   Laws 1913, c. 154, § 32, p. 412;   R.S.1913, § 3168;   Laws 1919, c. 190, tit. V, art. IV, § 3, p. 591;   C.S.1922, § 7768;   C.S.1929, § 44-303;   R.S.1943, § 44-350.
NE Code § 44-351 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-351 - Insurance companies; similar names; use prohibited.

44-351.  Insurance companies; similar names; use prohibited.No company, association, or society organized under sections 44-202 to 44-208.08 shall take any name in use by any other company, association, or society or so closely resembling such name as to mislead the public as to its identity.Source   Laws 1913, c. 154, § 73, p. 424;   R.S.1913, § 3209;   Laws 1919, c. 190, tit. V, art. IV, § 43, p. 604;   C.S.1922, § 7808;   C.S.1929, § 44-343;   R.S.1943, § 44-351;   Laws 1989, LB 92, § 101.  Annotations  Grand Lodge of one state may be enjoined from transacting insurance business in another state to injury of Grand Lodge of that state. Grand Lodge, A. O. U. W. v. Grand Lodge, A. O. U. W., 106 Neb. 12, 182 N.W. 510 (1921). Question of similarity of names is judicial question. Grand Lodge, A. O. U. W. v. Insurance Board, 103 Neb. 99, 170 N.W. 617 (1919). If name or title of beneficiary insurance company contains a descriptive word by which it is generally known to public, to incorporate that word as the characteristic word in the name of a proposed new company would have a tendency to mislead the public. Knights of Maccabees of the World v. Searle, 75 Neb. 285, 106 N.W. 448 (1905).
NE Code § 44-352 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-352 - Insurance companies; name of other company; use; penalty; appeal.

44-352.  Insurance companies; name of other company; use; penalty; appeal.It shall be unlawful for any insurance company to permit the use of its name or for any other company, person, or firm to use the name of any insurance company in such a way as to deceive or mislead the public. The violation of this section or section 44-351 by an insurance company shall be grounds for the suspension or revocation of its license, and the person, firm, or corporation so using the name of an insurance company shall be punished by a fine not exceeding one hundred dollars for each offense. An appeal of a suspension, revocation, or fine may be taken, and the appeal shall be in accordance with the Administrative Procedure Act.Source   Laws 1913, c. 154, § 33, p. 412;   R.S.1913, § 3169;   Laws 1919, c. 190, tit. V, art. IV, § 4, p. 591;   C.S.1922, § 7769;   C.S.1929, § 44-304;   R.S.1943, § 44-352;   Laws 1969, c. 359, § 14, p. 1274;   Laws 1988, LB 352, § 44;   Laws 1989, LB 92, § 102.  Cross References  Administrative Procedure Act, see section 84-920.
NE Code § 44-353 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-353 - Policies; department may inspect.

44-353.  Policies; department may inspect.The Department of Insurance and its employees shall have the right at any time to inspect any policy covering any risk in this state. Every policyholder shall procure and exhibit any policy in his possession or control when required for the inspection of the department or its assistants or employees.Source   Laws 1913, c. 154, § 68, p. 423;   R.S.1913, § 3204;   Laws 1919, c. 190, tit. V, art. IV, § 38, p. 603;   C.S.1922, § 7803;   C.S.1929, § 44-338;   R.S.1943, § 44-353.
NE Code § 44-354 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-354 - Policies; special fees prohibited.

44-354.  Policies; special fees prohibited.It shall be unlawful for any insurance company, association or society, or for any officer, manager, agent, or other representative thereof, to include in the sum charged or designated in any policy as the consideration for insurance, any fee, compensation, charge, or perquisite whatsoever, not specified in the policy. When collected the same shall be reported as such.Source   Laws 1913, c. 154, § 69, p. 423;   R.S.1913, § 3205;   Laws 1919, c. 190, tit. V, art. IV, § 39, p. 603;   C.S.1922, § 7804;   C.S.1929, § 44-339;   R.S.1943, § 44-354. Annotations Premium or consideration for insurance should be designated in policy as provided herein. Machurek v. Ohio Nat. Life Ins. Co., 125 Neb. 35, 249 N.W. 81 (1933).
NE Code § 44-355 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-355 - Policies; premiums; report required.

44-355.  Policies; premiums; report required.Every agent or other representative of any company issuing a policy on its own behalf in this state shall report to the company the exact consideration charged and written in the policy as a premium for the risk.Source   Laws 1913, c. 154, § 70, p. 424;   R.S.1913, § 3206;   Laws 1919, c. 190, tit. V, art. IV, § 40, p. 603;   C.S.1922, § 7805;   C.S.1929, § 44-340;   R.S.1943, § 44-355.
NE Code § 44-356 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-356 - Policies; violations; penalty.

44-356.  Policies; violations; penalty.(1) A violator of any of the provisions of section 44-353 shall be fined not more than one hundred dollars.(2) A violation of any of the provisions of section 44-354 or 44-355 shall be an unfair trade practice in the business of insurance subject to the Unfair Insurance Trade Practices Act.Source   Laws 1913, c. 154, § 71, p. 424;   R.S.1913, § 3207;   Laws 1919, c. 190, tit. V, art. IV, § 41, p. 603;   C.S.1922, § 7806;   C.S.1929, § 44-341;   R.S.1943, § 44-356;   Laws 1989, LB 92, § 103;  Laws 2008, LB855, § 4. Cross References  Unfair Insurance Trade Practices Act, see section 44-1521.
NE Code § 44-357 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-357 - Policies; stipulations forbidden.

44-357.  Policies; stipulations forbidden.No insurance company shall issue in this state any policy or contract of insurance containing a provision, stipulation or agreement that such policy shall be construed according to the laws of any other state or country, or any provision limiting the time within which an action may be brought to less than the regular period of time prescribed by the statutes of limitations of this state, unless otherwise prescribed by this chapter.Source   Laws 1913, c. 154, § 49, p. 419;   R.S.1913, § 3185;   Laws 1919, c. 190, tit. V, art. IV, § 20, p. 598;   C.S.1922, § 7785;   C.S.1929, § 44-320;   R.S.1943, § 44-357. Annotations  A fire insurance policy legally issued in Nebraska containing one year limitation of action but also containing provision conforming it to state statutes is subject to limitation hereunder. Wulf v. Farm Bureau Ins. Co., 190 Neb. 34, 205 N.W.2d 640 (1973). Where policy issued in this state provides twelve months' limitation for filing action but also contains provision amending terms to conform with conflicting statutes, limitations in state statutes are applicable. Hiram Scott College v. Insurance Co. of North America, 187 Neb. 290, 188 N.W.2d 688 (1971). Statute of limitations on fire insurance policy was governed by provisions of New York standard form. Rhodes v. Continental Ins. Co., 180 Neb. 10, 141 N.W.2d 415 (1966). A provision in benefit certificate that suit must be commenced within one year of death of member, if valid in state where contract is made, will be enforced in Nebraska. Avondale v. Sovereign Camp, W. O. W., 134 Neb. 717, 279 N.W. 355 (1938). Where defendant amended its by-laws so as to avail itself of the provisions of this section, question of the amended by-law being reasonable, as to the insured and binding upon his beneficiary, was raised but not decided. Williams v. Western Travelers Accident Assn., 97 Neb. 352, 149 N.W. 822 (1914).
NE Code § 44-360 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-360 - Insurance companies; agreements affecting rates or lessening competition; prohibited; appeal.

44-360.  Insurance companies; agreements affecting rates or lessening competition; prohibited; appeal.If any insurance company authorized to transact business in this state or any agent or representative thereof shall, either within or outside this state, directly or indirectly, enter into any contract, understanding, or combination with any other insurance company, agent, or representative thereof or with any association of such companies or agents, for the purpose of controlling the rates to be charged for insuring any risk or class or classes of risks in this state or for the purpose of, or that may have the tendency or effect of, preventing or lessening lawful competition in the transaction of the business of insurance in this state, the Department of Insurance shall forthwith revoke its license and the licenses of its agents, and no renewal of the license shall be granted until after the expiration of one year from the date of final revocation. An appeal may be taken from the decision of the department, and the appeal shall be in accordance with the Administrative Procedure Act.Source   Laws 1913, c. 154, § 50, p. 419;   R.S.1913, § 3186;   Laws 1919, c. 190, tit. V, art. IV, § 21, p. 598;   C.S.1922, § 7786;   C.S.1929, § 44-321;   Laws 1935, c. 100, § 1, p. 329;   C.S.Supp.,1941, § 44-321;   R.S.1943, § 44-360;   Laws 1969, c. 359, § 15, p. 1274;   Laws 1988, LB 352, § 45.  Cross References  Administrative Procedure Act, see section 84-920.
NE Code § 44-361 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-361 - Rebates; prohibited; activities not considered a rebate.

44-361.  Rebates; prohibited; activities not considered a rebate.No insurance company, by itself or any other party, and no insurance agent or broker, personally or by any other party, shall offer, promise, allow, give, set off, or pay, directly or indirectly, any rebate of, or part of, the premium payable on the policy, or of any policy, or agent's commission thereon, or earnings, profits, dividends, or other benefits founded, arising, accruing or to accrue thereon or therefrom, or any paid employment or contract for service, or for advice of any kind, or any other valuable consideration or inducement to, or for insurance, on any risk authorized to be taken under section 44-201 now or hereafter to be written, which is not specified in the policy contract of insurance; nor shall any such company, agent, or broker, personally or otherwise, offer, promise, give, sell or purchase any stock, bonds, securities or property, or any dividends or profits accruing or to accrue thereon, or other things of value whatsoever, as inducement to insurance or in connection therewith, which is not specified in the policy. No insured person or party shall receive or accept, directly or indirectly, any rebate of premium, or part thereof, or agent's or broker's commission thereon, payable on the policy, or on any policy of insurance, or any favor or advantage or share in the dividends or other benefits to accrue on, or any valuable consideration or inducement not specified in the policy contract of insurance. Extending of interest-free credit on life and liability insurance premiums or interest-free credit on crop hail insurance premiums shall not be a rebate of the premium. Payments made pursuant to the Nebraska Right to Shop Act shall not be considered a rebate of the premium for purposes of this section.Source   Laws 1913, c. 154, § 140, p. 466;   R.S.1913, § 3277;   Laws 1919, c. 190, tit. V, art. XI, § 5, p. 648;   C.S.1922, § 7884;   C.S.1929, § 44-1105;   R.S.1943, § 44-361;   Laws 1961, c. 220, § 1, p. 653;   Laws 1971, LB 137, § 1;   Laws 1972, LB 1354, § 2;  Laws 2018, LB1119, § 25.  Cross References  Nebraska Right to Shop Act, see section 44-1401.Annotations Agreement to rebate is expressly forbidden, and insured could not recover from agent thereon nor could insured compel rescission of contract of insurance or the policy on that ground. Kortright v. Mutual Life Ins. Co., 123 Neb. 746, 243 N.W. 904 (1932).
NE Code § 44-361.01 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-361.01 - Rebates; circumventing; presumptions.

44-361.01.  Rebates; circumventing; presumptions.(1) A licensed agent whose total commissions and underwriting fees on business written upon the property, life, health, or liability of himself or herself, his or her relatives by consanguinity or affinity, and his or her employer or employees exceed ten percent of the total commissions or underwriting fees received during any one license year shall be presumed to have obtained a license or renewal thereof primarily to circumvent the enforcement of section 44-361, except that for a licensed agent soliciting crop insurance, the percentage shall be thirty percent for commissions and underwriting fees on crop insurance business.(2) A licensed agent whose total commissions and underwriting fees on business written upon the property, life, health, or liability of himself or herself, his or her relatives by consanguinity or affinity, and his or her employer or employees exceed thirty percent of the total commissions and underwriting fees received during any one license year shall be conclusively presumed to have obtained a license or renewal thereof primarily to circumvent the enforcement of section 44-361, except that for a licensed agent soliciting crop insurance, the percentage shall be fifty percent for commissions and underwriting fees on crop insurance business.Source   Laws 1955, c. 175, § 3, p. 503;  Laws 2013, LB59, § 1.