reglab/housing_qa huggingface dataset:
NE Code § 44-1097 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-1097 - Reports.

44-1097.  Reports.Reports shall be filed in the following manner:(1) Every society transacting business in this state shall annually, on or before the first day of March, unless for cause shown such time has been extended by the Director of Insurance, file with the director a true statement of its financial condition, transactions, and affairs for the preceding calendar year and pay a filing fee in an amount determined by the director. The statement shall be in general form and context as approved by the National Association of Insurance Commissioners for fraternal benefit societies and as supplemented by additional information required by the director;(2) As part of the annual statement, each society shall, on or before the first day of March, file with the Director of Insurance a valuation of its certificates in force on the preceding December 31, except that the director may, in his or her discretion for cause shown, extend the time for filing such valuation for not more than two calendar months. Such valuation shall be done in accordance with the standards specified in section 44-1096. Such valuation and underlying data shall be certified by a qualified actuary or, at the expense of the society, verified by the actuary of the Department of Insurance of the state of domicile of the society; and(3) A society neglecting to file the annual statement in the form and within the time provided by this section shall forfeit one hundred dollars for each day during which such neglect continues and, upon notice by the Director of Insurance to that effect, its authority to do business in this state shall cease while such default continues.Source  Laws 1985, LB 508, § 26.
NE Code § 44-1098 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-1098 - Annual license; fee.

44-1098.  Annual license; fee.Societies which are authorized to transact business in this state immediately prior to September 6, 1985, may continue such business until April 1, 1986. The authority of such societies and all societies hereafter licensed may be renewed annually, but in all cases to terminate on the first day of the succeeding April, except that a license so issued shall continue in full force and effect until the new license is issued or specifically refused. For each such license or renewal, the society shall pay a fee of fifty dollars to the Director of Insurance. A duly certified copy or duplicate of such license shall be prima facie evidence that the licensee is a fraternal benefit society within the meaning of sections 44-1072 to 44-10,109.Source  Laws 1985, LB 508, § 27.
NE Code § 44-1099 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-1099 - Examination by Director of Insurance.

44-1099.  Examination by Director of Insurance.(1) The Director of Insurance, or any person he or she may appoint, may examine any domestic, foreign, or alien society transacting or applying for admission to transact business in this state in the same manner as authorized for examination of domestic, foreign, or alien insurers. Requirements of notice and an opportunity to respond before findings are made public as provided in the laws regulating insurers shall also be applicable to the examination of societies.(2) The expense of each examination and of each valuation, including compensation and actual expense of examiners, shall be paid by the society examined or whose certificates are valued, upon statements furnished by the Director of Insurance.Source  Laws 1985, LB 508, § 28.
NE Code § 44-10,100 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-10,100 - Foreign or alien society; admission.

44-10,100.  Foreign or alien society; admission.No foreign or alien society shall transact business in this state without a license issued by the Director of Insurance. Any such society desiring admission to this state shall comply substantially with the requirements and limitations of sections 44-1072 to 44-10,109 applicable to domestic societies. Any such society may be licensed to transact business in this state upon filing with the director:(1) A duly certified copy of its articles of incorporation;(2) A copy of its bylaws, certified by its secretary or corresponding officer;(3) A statement of its business under oath of its president and secretary or corresponding officers in a form prescribed by the director, duly verified by an examination made by the supervising insurance official of its home state or other state, territory, province, or country, satisfactory to the Director of Insurance of this state;(4) Certification from the proper official of its home state, territory, province, or country that the society is legally incorporated and licensed to transact business therein;(5) Copies of its certificate forms; and(6) Such other information as the Director of Insurance may deem necessary.The society shall also submit evidence to the director showing that its assets are invested in accordance with sections 44-1072 to 44-10,109.Source   Laws 1985, LB 508, § 29;  Laws 2001, LB 360, § 7.
NE Code § 44-10,102 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-10,102 - Foreign or alien society; violations of law; director; powers.

44-10,102.  Foreign or alien society; violations of law; director; powers.(1) When the Director of Insurance upon investigation finds that a foreign or alien society transacting or applying to transact business in this state (a) has exceeded its powers, (b) has failed to comply with any of the provisions of sections 44-1072 to 44-10,109, (c) is not fulfilling its contracts in good faith, or (d) is conducting its business fraudulently or in a manner hazardous to its members, its creditors, or the public, the director shall notify the society of such deficiency or deficiencies and state in writing the reasons for his or her dissatisfaction. He or she shall at once issue a written notice to the society requiring that the deficiency or deficiencies which exist are corrected. After such notice the society shall have a thirty-day period in which to comply with the director's request for correction and if the society fails to comply, the director shall notify the society of such findings of noncompliance and require the society to show cause on a date named why its license should not be suspended, revoked, or refused. If on such date the society does not present good and sufficient reason why its authority to do business in this state should not be suspended, revoked, or refused, the director may suspend or refuse the license of the society to do business in this state until satisfactory evidence is furnished to the director that such suspension or refusal should be withdrawn or the director may revoke the authority of the society to do business in this state.(2) Nothing in this section shall be taken or construed to prevent any such society from continuing in good faith all contracts made in this state during the time such society was legally authorized to transact business in this state.Source  Laws 1985, LB 508, § 31.
NE Code § 44-10,103 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-10,103 - Injunction; when allowed.

44-10,103.  Injunction; when allowed.No application or petition for injunction against any domestic, foreign, or alien society, or lodge thereof, shall be recognized in any court of this state unless made by the Attorney General upon request of the Director of Insurance.Source  Laws 1985, LB 508, § 32.
NE Code § 44-10,104 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-10,104 - Licensing of agents.

44-10,104.  Licensing of agents.(1) Agents of societies shall be licensed in accordance with the laws regulating the licensing, revocation, suspension, or termination of license of resident and nonresident agents.(2) No examination or license shall be required of any regular salaried officer, employee, or member of a licensed society who devotes substantially all of his or her services to activities other than the solicitation of fraternal insurance contracts from the public and who receives for the solicitation of such contracts no commission or other compensation directly dependent upon the amount of business obtained.(3) Any agent, representative, or member of a society who devotes, or intends to devote, less than fifty percent of his or her time to the solicitation and procurement of insurance contracts for such society shall be exempt from the requirements of subsection (1) of this section. Any person who in the immediately preceding calendar year has solicited and procured life insurance contracts on behalf of any society in an amount of insurance in excess of fifty thousand dollars or, in the case of any other kind or kinds of insurance which the society might write, on the persons of more than twenty-five individuals and who has received or will receive a commission or other compensation therefor shall be presumed to be devoting, or intending to devote, fifty percent of his or her time to the solicitation or procurement of insurance contracts for such society.Source  Laws 1985, LB 508, § 33.
NE Code § 44-10,105 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-10,105 - Unfair trade practices; applicability.

44-10,105.  Unfair trade practices; applicability.Every society authorized to do business in this state shall be subject to the Unfair Insurance Trade Practices Act, except that nothing in the act shall be construed as applying to or affecting the right of any society to determine its eligibility requirements for membership or be construed as applying to or affecting the offering of benefits exclusively to members or persons eligible for membership in the society by a subsidiary corporation or affiliated organization of the society.Source   Laws 1985, LB 508, § 34;   Laws 1986, LB 730, § 1;   Laws 1991, LB 234, § 2.  Cross References  Unfair Insurance Trade Practices Act, see section 44-1521.
NE Code § 44-10,106 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-10,106 - Service of process.

44-10,106.  Service of process.Legal process shall be served upon a society in the manner provided for service of a summons in a civil action.Source   Laws 1985, LB 508, § 35;   Laws 1987, LB 93, § 12;  Laws 2001, LB 360, § 8.
NE Code § 44-10,107 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-10,107 - Appeal; procedure.

44-10,107.  Appeal; procedure.All decisions and findings of the Director of Insurance made under sections 44-1072 to 44-10,109 may be appealed, and the appeal shall be in accordance with the Administrative Procedure Act.Source   Laws 1985, LB 508, § 36;   Laws 1988, LB 352, § 56.  Cross References  Administrative Procedure Act, see section 84-920.
NE Code § 44-10,108 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-10,108 - Violations; penalties.

44-10,108.  Violations; penalties.(1) Any person who willfully makes a false or fraudulent statement in or relating to an application for membership or for the purpose of obtaining money from or a benefit in any society shall be guilty of a Class I misdemeanor.(2) Any person who willfully makes a false or fraudulent statement in any verified report or declaration under oath required or authorized by sections 44-1072 to 44-10,109, or of any material fact or thing contained in a sworn statement concerning the death or disability of an insured for the purpose of procuring payment of a benefit named in the certificate, shall be guilty of perjury as prescribed in section 28-915.(3) Any person who solicits membership for, or in any manner assists in procuring membership in, any society not licensed to do business in this state shall be guilty of a Class IV misdemeanor.(4) Any person guilty of a willful violation of or neglect or refusal to comply with sections 44-1072 to 44-10,109 for which a penalty is not otherwise prescribed shall, upon conviction, be subject to a fine not exceeding two hundred dollars.Source  Laws 1985, LB 508, § 37.
NE Code § 44-10,109 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-10,109 - Applicability of sections; exempt societies; treatment.

44-10,109.  Applicability of sections; exempt societies; treatment.(1) Sections 44-1072 to 44-10,109 shall not affect or apply to:(a) Grand or subordinate lodges of societies, orders, or associations doing business in this state immediately prior to September 6, 1985, which provide benefits exclusively through local or subordinate lodges;(b) Orders, societies, or associations which admit to membership only persons engaged in one or more crafts or hazardous occupations, in the same or similar lines of business, insuring only their own members and their families and auxiliaries to such orders, societies, or associations;(c) Domestic societies which limit their membership to employees of a particular city or town, designated firm, business house, or corporation which provide for a death benefit of not more than four hundred dollars or disability benefits of not more than three hundred fifty dollars to any person in any one year, or both; or(d) Domestic societies or associations of a purely religious, charitable, or benevolent description which provide for a death benefit of not more than four hundred dollars or for disability benefits of not more than three hundred fifty dollars to any one person in any one year, or both.(2) Any such society or association described in subdivision (1)(c) or (1)(d) of this section which provides for death or disability benefits for which benefit certificates are issued, and any such society or association included in subdivision (1)(d) of this section which has more than one thousand members, shall not be exempted from sections 44-1072 to 44-10,109 but shall comply with all requirements thereof.(3) No society which is exempt from the requirements of sections 44-1072 to 44-10,109 pursuant to this section, except any society described in subdivision (1)(b) of this section, shall give or allow or promise to give or allow to any person any compensation for procuring new members.(4) Every society which provides for benefits in case of death or disability resulting solely from accident and which does not obligate itself to pay natural death or sick benefits shall have all of the privileges and be subject to all the applicable provisions and regulations of sections 44-1072 to 44-10,109, except that the provisions relating to medical examination, valuations of benefit certificates, and incontestability shall not apply to such society.(5) The Director of Insurance may require from any society or association, by examination or otherwise, such information as will enable the director to determine whether such society or association is exempt from sections 44-1072 to 44-10,109.(6) Societies exempted pursuant to this section shall also be exempt from all other provisions of the insurance laws of this state.Source  Laws 1985, LB 508, § 38.
NE Code § 44-1101 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-1101 - Act, how cited.

44-1101.  Act, how cited.Sections 44-1101 to 44-1117 shall be known and may be cited as the Viatical Settlements Act.Source  Laws 2001, LB 52, § 27;  Laws 2008, LB853, § 1.
NE Code § 44-1104 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-1104 - Disciplinary actions.

44-1104.  Disciplinary actions.(1) The director may suspend, revoke, or refuse to issue or renew a license issued under the Viatical Settlements Act or that of a life insurance producer operating as a viatical settlement broker under subdivision (1)(b) of section 44-1103 if the director finds that:(a) There was any material misrepresentation in the application for the license;(b) The applicant or licensee or any officer, partner, member, or key management personnel is subject to a final administrative action or is otherwise shown to be untrustworthy or incompetent;(c) The viatical settlement provider demonstrates a pattern of unreasonable payments to viators;(d) The applicant or licensee or any officer, partner, member, or key management personnel has been found guilty of, or has pleaded guilty or nolo contendere to, any felony or a Class I, II, or III misdemeanor, regardless of whether a judgment of conviction has been entered by the court;(e) The viatical settlement provider has entered into any viatical settlement contract that has not been approved pursuant to the Viatical Settlements Act;(f) The viatical settlement broker or viatical settlement provider has failed to honor contractual obligations set out in a viatical settlement contract;(g) The licensee no longer meets the requirements for initial licensure;(h) The viatical settlement provider has assigned, transferred, or pledged a viaticated policy to a person other than a viatical settlement provider licensed in this state, a viatical settlement purchaser, an accredited investor or qualified institutional buyer as defined in Rule 144A of the federal Securities Act of 1933, as the act existed on January 1, 2008, a financing entity, a special purpose entity, or a related provider trust;(i) The applicant or licensee or any officer, partner, member, or key management personnel has violated any provision of the Viatical Settlements Act or has otherwise engaged in bad faith conduct with one or more viators; or(j) The licensee has failed to respond to the department within fifteen working days after receipt of an inquiry from the department.(2) The director may suspend or revoke a license pursuant to subsection (1) of this section after notice and a hearing held in accordance with the Administrative Procedure Act.(3) If the director denies a license application or refuses to renew a license pursuant to subsection (1) of this section, he or she shall notify the applicant or licensee of the reason for such denial or refusal of renewal. The applicant or licensee has thirty days after receipt of such notification to demand a hearing. The hearing shall be held within thirty days after receipt of such demand by the director and shall be held in accordance with the Administrative Procedure Act.Source  Laws 2001, LB 52, § 30;  Laws 2007, LB117, § 8;  Laws 2008, LB853, § 4. Cross References  Administrative Procedure Act, see section 84-920.
NE Code § 44-1105 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-1105 - Approval of viatical settlement contracts and disclosure statements.

44-1105.  Approval of viatical settlement contracts and disclosure statements.A person shall not use a viatical settlement contract form or provide to a viator a disclosure statement form in this state unless first filed with and approved by the director. The director shall disapprove a viatical settlement contract form or disclosure statement form if, in the director's opinion, the contract or provisions contained therein fail to meet the requirements of sections 44-1108, 44-1109, and 44-1111 and subsection (2) of section 44-1112 or are unreasonable, contrary to the interest of the public, or otherwise misleading or unfair to the viator. At the director's discretion, the director may require the submission of advertising material.Source  Laws 2001, LB 52, § 31;  Laws 2008, LB853, § 5.
NE Code § 44-1106 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-1106 - Reporting requirements; confidentiality.

44-1106.  Reporting requirements; confidentiality.(1) Each viatical settlement provider shall file with the director on or before March 1 of each year an annual statement containing such information as the director may prescribe by rule and regulation. Such information shall be limited to only those transactions where the viator is a resident of this state. Individual transaction data regarding the business of viatical settlements or data that could compromise the privacy of personal, financial, or health information of the viator or insured shall be filed with the director on a confidential basis.(2) Except as otherwise allowed or required by law, a viatical settlement provider, viatical settlement broker, insurance company, insurance producer, information bureau, rating agency or company, or any other person with actual knowledge of an insured's identity shall not disclose that identity as an insured or the insured's financial or medical information to any other person unless the disclosure:(a) Is necessary to effect a viatical settlement between the viator and a viatical settlement provider and the viator and insured have provided prior written consent to the disclosure;(b) Is provided in response to an investigation or examination by the director or any other governmental officer or agency or pursuant to the requirements of subsection (3) of section 44-1112;(c) Is a term of or condition to the transfer of a policy by one viatical settlement provider to another viatical settlement provider;(d) Is necessary to permit a financing entity, related provider trust, or special purpose entity to finance the purchase of policies by a viatical settlement provider and the viator and insured have provided prior written consent to the disclosure;(e) Is necessary to allow the viatical settlement provider or viatical settlement broker or his or her authorized representative to make contacts for the purpose of determining health status; or(f) Is required to purchase stop-loss or financial guaranty coverage.Source  Laws 2001, LB 52, § 32;  Laws 2003, LB 216, § 8;  Laws 2008, LB853, § 6.
NE Code § 44-1108.01 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-1108.01 - Viatical settlement broker or viatical settlement provider; disclosure.

44-1108.01.  Viatical settlement broker or viatical settlement provider; disclosure.Before the initiation of a plan, transaction, or series of transactions, a viatical settlement broker or viatical settlement provider shall fully disclose to an insurer a plan, transaction, or series of transactions to which the viatical settlement broker or viatical settlement provider is a party, to originate, renew, continue, or finance a life insurance policy with the insurer for the purpose of engaging in the business of viatical settlements at anytime prior to or during the first five years after issuance of the policy.Source Laws 2008, LB853, § 9.
NE Code § 44-1114 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-1114 - Director; powers.

44-1114.  Director; powers.The director shall have the authority to:(1) Adopt and promulgate rules and regulations to carry out the Viatical Settlements Act;(2) Establish standards for evaluating reasonableness of payments under viatical settlement contracts for persons with a terminal or chronic illness or condition. This authority includes, but is not limited to, regulation of discount rates used to determine the amount paid in exchange for assignment, transfer, sale, devise, or bequest of a benefit under a life insurance policy insuring the life of a person who is chronically ill or terminally ill;(3) Establish appropriate licensing requirements, fees, and standards for continued licensure for viatical settlement providers and brokers;(4) Require a bond or other mechanism for financial accountability for viatical settlement providers and brokers; and(5) Adopt rules and regulations governing the relationship and responsibilities of insurers, viatical settlement providers, and viatical settlement brokers during the viatication of a life insurance policy or certificate.Source  Laws 2001, LB 52, § 40;  Laws 2008, LB853, § 16.
NE Code § 44-1115 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-1115 - Unfair trade practices.

44-1115.  Unfair trade practices.A violation of the Viatical Settlements Act, including the commission of a fraudulent viatical settlement act, shall be considered an unfair trade practice under the Unfair Insurance Trade Practices Act subject to the penalties contained in the act.Source  Laws 2001, LB 52, § 41;  Laws 2008, LB853, § 17. Cross References  Unfair Insurance Trade Practices Act, see section 44-1521.