reglab/housing_qa huggingface dataset:
NE Code § 44-19,115 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-19,115 - Title insurance commitment; notice.

44-19,115.  Title insurance commitment; notice.(1) When constituting an offer to issue an owner's title insurance policy covering the resale of owner-occupied residential property, a 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 insurance agent shall document the reasons for the delay.(2) A title insurance agent 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, § 38;  Laws 1999, LB 259, § 6;  Laws 2001, LB 360, § 12.
NE Code § 44-19,117 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-19,117 - Record retention requirements.

44-19,117.  Record retention requirements.The title insurance agent shall maintain sufficient records of its affairs, including its escrow operations and escrow trust accounts, so that the director may adequately ensure that the title insurance agent is in compliance with all provisions of the Title Insurance Agent Act. The director may prescribe the specific record entries and documents to be kept and the length of time for which the records must be maintained.Source  Laws 1997, LB 53, § 40.
NE Code § 44-19,118 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-19,118 - Application of other laws.

44-19,118.  Application of other laws.A title insurance agent shall be subject to all other applicable provisions of the insurance laws of this state unless specifically addressed by the Title Insurance Agent Act.Source  Laws 1997, LB 53, § 41.
NE Code § 44-19,119 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-19,119 - Rules and regulations.

44-19,119.  Rules and regulations.The director may adopt and promulgate rules and regulations and issue orders as necessary to carry out the Title Insurance Agent Act.Source  Laws 1997, LB 53, § 42.
NE Code § 44-19,120 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-19,120 - Penalties and liabilities.

44-19,120.  Penalties and liabilities.(1) If the director determines that a title insurance agent or any other person has violated the Title Insurance Agent 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 insurance agent's license.(2) If an order of rehabilitation or liquidation of a title insurer has been entered pursuant to the Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act, and the receiver appointed under that order determines that a title insurance agent or any other person has not complied with the Title Insurance Agent Act or any related rule, regulation, or order, and the title insurer suffered any resulting loss or damage, the receiver may maintain a civil action for recovery of damages or other appropriate sanctions for the benefit of the title insurer and its policyholders and creditors.(3) 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.(4) 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, § 43. Cross References  Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act, see section 44-4862.
NE Code § 44-19,120.01 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-19,120.01 - Summary cease and desist order; authorized; procedure.

44-19,120.01.  Summary cease and desist order; authorized; procedure.Whenever the director has reasonable cause to believe that a title insurance agent is violating the Title Insurance Agent Act or any rules and regulations adopted and promulgated thereunder, the director may, without notice, and before a hearing, issue a summary cease and desist order. At the same time the order is issued, the director shall serve notice to the title insurance agent of the reasons for such order and that the title insurance agent may request a hearing in writing within ten business days after receipt of the order. If a hearing is requested, the director shall schedule a hearing within ten business days after receipt of the request. The hearing shall be conducted in accordance with the Administrative Procedure Act. If a hearing is not requested and none is ordered by the director, the order shall remain in effect until modified or vacated by the director. Any title insurance agent aggrieved by a final order of the director may appeal the order. The appeal shall be in accordance with the Administrative Procedure Act. In the event of noncompliance with a summary cease and desist order, the director may cause a complaint to be filed in the district court to enforce the order.Source Laws 2004, LB 155, § 5. Cross References  Administrative Procedure Act, see section 84-920.
NE Code § 44-19,121 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-19,121 - Unfair trade practice.

44-19,121.  Unfair trade practice.In addition to any other remedies available under the laws of this state, each violation of the Title Insurance Agent 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, § 44. Cross References  Unfair Insurance Trade Practices Act, see section 44-1521.
NE Code § 44-19,122 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-19,122 - Violations of Real Estate Settlement Procedures Act of 1974.

44-19,122.  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, 12 U.S.C. 2601.Source  Laws 1997, LB 53, § 45.
NE Code § 44-19,123 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-19,123 - Applicability of act.

44-19,123.  Applicability of act.The Title Insurance Agent Act applies to all activities or agreements of a title insurance agent engaged in or entered into on or after September 13, 1997. The title insurance agent shall amend all existing agreements to comply with section 44-19,114 within sixty days after September 13, 1997.Source  Laws 1997, LB 53, § 46.
NE Code § 44-2001 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2001 - Act; purpose.

44-2001.  Act; purpose.The purpose of the Unauthorized Insurers Act is to subject certain insurers to the jurisdiction of the Department of Insurance and the courts of this state in administrative proceedings and in suits by or on behalf of the state. The Legislature declares that it is concerned with the protection of residents of this state against acts by insurers not authorized to do an insurance business in this state, by the maintenance of fair and honest insurance markets, by protecting authorized insurers which are subject to regulation from unfair competition by unauthorized insurers, and by protecting against the evasion of the insurance regulatory laws of this state. In furtherance of such state interest, the Legislature exercises its powers to protect residents of this state and to define what constitutes transacting an insurance business in this state and also exercises powers and privileges available to this state by virtue of Public Law 79-15, 79th Congress of the United States, Chapter 20, 1st Session, S. 340, 59 Stat. 33; 15 U.S.C. 1011 to 1015 inclusive, as amended, which declares that the business of insurance and every person engaged therein shall be subject to the laws of the several states.Source   Laws 1969, c. 351, § 1, p. 1222;   Laws 1983, LB 447, § 64;   Laws 1995, LB 162, § 3.
NE Code § 44-2003 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2003 - Certificate of authority; failure to procure; violation; injunction; cease and desist order; appeal.

44-2003.  Certificate of authority; failure to procure; violation; injunction; cease and desist order; appeal.(1) Whenever the Director of Insurance believes, from evidence satisfactory to him or her, that any insurer is violating or about to violate section 44-2002, the director may, through the Attorney General, cause a complaint to be filed in the district court to enjoin and restrain such insurer from continuing such violation or engaging therein or doing any act in furtherance thereof. The court shall have jurisdiction of the proceeding and shall have the power to make and enter an order or judgment awarding such preliminary or final injunctive relief as in its judgment is proper.(2) Whenever the Director of Insurance believes that any insurer is violating or about to violate section 44-2002, the director may, without notice, and before a hearing, issue a summary cease and desist order. At the same time the order is issued, the director shall serve notice to the insurer of the reasons for such order and that the insurer may request a hearing in writing within ten business days after receipt of the order. If a hearing is requested, the director shall schedule a hearing within ten business days after receipt of the request. The hearing shall be conducted in accordance with the Administrative Procedure Act. If a hearing is not requested and none is ordered by the director, the order shall remain in effect until modified or vacated by the director. Any insurer aggrieved by a final order of the director may appeal the order. The appeal shall be in accordance with the Administrative Procedure Act. In the event of noncompliance with a summary cease and desist order, the director may, through the Attorney General, cause a complaint to be filed in the district court to enforce the order. For purposes of this subsection, insurer shall include a person or other entity.Source   Laws 1969, c. 351, § 3, p. 1226;   Laws 1995, LB 162, § 4.  Cross References  Administrative Procedure Act, see section 84-920.
NE Code § 44-2004 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2004 - Personal jurisdiction.

44-2004.  Personal jurisdiction.Any act of transacting an insurance business as set forth in section 44-2002 by any unauthorized insurer shall constitute sufficient contact with this state for the exercise of personal jurisdiction over such insurer in any action, suit, or proceeding in any court by the Director of Insurance or by the state or in any proceeding before the director and which arises out of transacting an insurance business in this state by such insurer.Source   Laws 1969, c. 351, § 4, p. 1226;   Laws 1983, LB 447, § 65.
NE Code § 44-2005 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2005 - Unauthorized insurer; court action; requirements.

44-2005.  Unauthorized insurer; court action; requirements.(1) Before any unauthorized insurer files or causes to be filed any pleading or other response in any court action, suit, or proceeding or in any such administrative proceeding before the Director of Insurance instituted against such person or insurer, by services made as provided in section 44-2004, such insurer shall either:(a) Deposit with the clerk of the court in which such action, suit, or proceeding is pending, or with the Director of Insurance in administrative proceedings before the director, cash or securities, or file with such clerk of the court or director a bond with good and sufficient sureties, to be approved by the clerk or director in an amount to be fixed by the court or director sufficient to secure the payment of any final judgment which may be rendered in such action or administrative proceeding; or(b) Procure a certificate of authority to transact the business of insurance in this state. In considering the application of an insurer for a certificate of authority, for the purposes of this subsection, the Director of Insurance need not assert the provisions of Chapter 44, against such insurer with respect to its application if he determines that such company would otherwise comply with the requirements for such certificate of authority.(2) The Director of Insurance, in any administrative proceeding in which service is made as provided in section 44-2004, may in his discretion, order such postponement as may be necessary to afford the defendant reasonable opportunity to comply with the provisions of subsection (1) of this section and to defend such action.(3) Nothing in subsection (1) of this section shall be construed to prevent an unauthorized insurer from filing a motion to quash a writ or to set aside service thereof made in the manner provided in section 44-2004, on the ground that such unauthorized insurer has not done any of the acts enumerated in section 44-2002.Source  Laws 1969, c. 351, § 5, p. 1228.
NE Code § 44-2007 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2007 - Violations; penalty.

44-2007.  Violations; penalty.Any unauthorized insurer who transacts any unauthorized act of an insurance business as set forth in sections 44-2001 to 44-2008 shall be guilty of a Class I misdemeanor.Source   Laws 1969, c. 351, § 7, p. 1231;   Laws 1977, LB 40, § 247.
NE Code § 44-2008 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2008 - Act, how cited.

44-2008.  Act, how cited.Sections 44-2001 to 44-2008 shall be known and may be cited as the Unauthorized Insurers Act.Source   Laws 1969, c. 351, § 8, p. 1231;   Laws 1989, LB 92, § 188;   Laws 1993, LB 583, § 82.
NE Code § 44-2009 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2009 - Act, how cited.

44-2009.  Act, how cited.Sections 44-2009 to 44-2013 shall be known and may be cited as the Unauthorized Insurers Process Act.Source   Laws 1949, c. 134, § 7, p. 353;   R.S.1943, (1988), § 44-137.10;   Laws 1989, LB 92, § 27.
NE Code § 44-2010 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2010 - Act; legislative purpose.

44-2010.  Act; legislative purpose.The purpose of the Unauthorized Insurers Process Act is to subject certain insurers to the jurisdiction of courts of this state in suits by or on behalf of insureds or beneficiaries under insurance contracts. The Legislature declares that it is a subject of concern that many residents of this state hold policies of insurance issued or delivered in this state by insurers while such insurers are not authorized to do business in this state, thus presenting to such residents the often insuperable obstacle of resorting to distant forums for the purpose of asserting legal rights under such policies. In furtherance of such state interest, the Legislature exercises its power to protect its residents.Source   Laws 1949, c. 134, § 1, p. 350;   Laws 1983, LB 447, § 54;   R.S.1943, (1988), § 44-137.01;   Laws 1989, LB 92, § 25.  Annotations Purpose of this act, entitled Unauthorized Insurers Process Act (§§ 44-137.01 through 44-137.10), is to protect residents of this state from having to resort to distant forums to assert legal rights; act is constitutional. Abel v. Southwest Cas. Ins. Co., 182 Neb. 605, 156 N.W.2d 166 (1968).
NE Code § 44-2011 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2011 - Unauthorized insurers; personal jurisdiction.

44-2011.  Unauthorized insurers; personal jurisdiction.Any of the following systematic or continuous acts in this state, effected by mail or otherwise, by an unauthorized foreign or alien insurer: (1) The issuance or delivery of contracts of insurance to residents of this state or to corporations authorized to do business therein, (2) the solicitation of applications for such contracts, (3) the collection of premiums, membership fees, assessments, or other considerations for such contracts, (4) the investigation or payment of claims, or (5) any other transaction of business shall constitute sufficient contact with this state for the exercise of personal jurisdiction over such foreign or alien insurer in any action, suit, or proceeding instituted by or on behalf of an insured or beneficiary arising out of any such activities.Source   Laws 1949, c. 134, § 2, p. 350;   Laws 1983, LB 447, § 55;   R.S.1943, (1988), § 44-137.02.  Annotations Conditions of this section met where contractor, with insurer's authorization, included general guaranty bond in individual construction contracts which were solicited in this state. Abel v. Southwest Cas. Ins. Co., 182 Neb. 605, 156 N.W.2d 166 (1968).
NE Code § 44-2012 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2012 - Action; attorney fee; allowance.

44-2012.  Action; attorney fee; allowance.In any action against an unauthorized foreign or alien insurer upon a contract of insurance issued or delivered in this state to a resident thereof or to a corporation authorized to do business therein, if the insurer has failed for thirty days after demand prior to the commencement of the action to make payment in accordance with the terms of the contract, and it appears to the court that such refusal was vexatious and without reasonable cause, the court may allow to the plaintiff a reasonable attorney fee and include such fee in any judgment that may be rendered in such action. Such fee shall not exceed twelve and one-half percent of the amount which the court or jury finds the plaintiff is entitled to recover against the insurer, but in no event shall such fee be less than twenty-five dollars. Failure of an insurer to defend any such action shall be deemed prima facie evidence that its failure to make payment was vexatious and without reasonable cause.Source   Laws 1949, c. 134, § 4, p. 352;   R.S.1943, (1988), § 44-137.07.
NE Code § 44-2013 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2013 - Act; applicability.

44-2013.  Act; applicability.The Unauthorized Insurers Process Act shall not apply to any action, suit, or proceeding against any nonadmitted foreign or alien insurer arising out of any contract of insurance (1) effected in accordance with the Surplus Lines Insurance Act, (2) covering reinsurance, ocean marine, aircraft, or railway insurance risks, (3) against legal liability arising out of the ownership, operation, or maintenance of any property having a permanent situs outside this state, or (4) against loss of or damage to any property having a permanent situs outside this state, when such contract of insurance contains a provision designating a Nebraska resident agent duly licensed under the Surplus Lines Insurance Act to be the true and lawful attorney of such nonadmitted insurer upon whom may be served all lawful process in any action, suit, or proceeding instituted by or on behalf of an insured or beneficiary arising out of any such contract of insurance or when the insurer enters a general appearance in any action, suit, or proceeding.Source   Laws 1949, c. 134, § 5, p. 353;   Laws 1969, c. 359, § 6, p. 1270;   Laws 1969, c. 360, § 2, p. 1283;   Laws 1983, LB 447, § 56;   R.S.1943, (1988), § 44-137.08;   Laws 1989, LB 92, § 26;   Laws 1992, LB 1006, § 17.  Cross References  Surplus Lines Insurance Act, see section 44-5501.
NE Code § 44-2120 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2120 - Act, how cited.

44-2120.  Act, how cited.Sections 44-2120 to 44-2155 shall be known and may be cited as the Insurance Holding Company System Act.Source   Laws 1991, LB 236, § 1;  Laws 2012, LB887, § 3;  Laws 2016, LB772, § 10.
NE Code § 44-2122 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2122 - Subsidiaries of insurers; authorized.

44-2122.  Subsidiaries of insurers; authorized.In addition to the authority granted in Chapter 44, any domestic insurer, either by itself or in cooperation with one or more persons, may, subject to the limitations set forth in the Insurance Holding Company System Act, organize or acquire one or more subsidiaries engaged in the following kinds of business:(1) Any kind of insurance business authorized by the jurisdiction in which it is incorporated;(2) Acting as an insurance broker or as an insurance agent for its parent or for any subsidiaries of its parent which are insurers;(3) Investing, reinvesting, or trading in securities for its own account or that of its parent, any subsidiary of its parent, or any affiliate or subsidiary;(4) Management of any investment company subject to or registered pursuant to the Investment Company Act of 1940, as amended, including related sales and services;(5) Acting as a broker-dealer subject to or registered pursuant to the Securities Exchange Act of 1934, as amended;(6) Rendering investment advice to governments, government agencies, corporations, or other organizations or groups;(7) Rendering other services related to the operations of an insurance business, including actuarial, loss prevention, safety engineering, data processing, accounting, claims, appraisal, and collection services;(8) Ownership and management of assets which the parent could itself own or manage. The aggregate investment by the insurer and its subsidiaries acquired or organized pursuant to this section shall not exceed the limitations applicable to such investments by the insurer;(9) Acting as administrative agent for a governmental instrumentality which is performing an insurance function;(10) Financing of insurance premiums, agents, and other forms of consumer financing;(11) Any other business activity determined by the director to be reasonably ancillary to an insurance business; or(12) Owning a corporation or corporations engaged or organized to engage exclusively in one or more of the businesses specified in this section.Source  Laws 1991, LB 236, § 3.