reglab/housing_qa huggingface dataset:
NE Code § 44-101 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-101 - Insurance; business public in character; deceptive practices prohibited.

44-101.  Insurance; business public in character; deceptive practices prohibited.Within the intent of this chapter, the business of apportioning and distributing losses arising from specified causes among all those who apply and are accepted to receive the benefits of such service, is public in character, and requires that all those having to do with it shall at all times be actuated by good faith in everything pertaining thereto, shall abstain from deceptive or misleading practices, and shall keep, observe and practice the principles of law and equity in all matters pertaining to such business. Upon the insurer, the insured, and their representatives, shall rest the burden of maintaining proper practices in said business.Source   Laws 1913, c. 154, § 1, p. 393;   R.S.1913, § 3137;   Laws 1919, c. 190, tit. V, art. II, § 1, p. 573;   C.S.1922, § 7743;   C.S.1929, § 44-101;   R.S.1943, § 44-101. Annotations  An endorsement which is not misleading, ambiguous, or conflicting, which amends an omnibus clause in an uncertified automobile liability insurance policy by limiting the application of the omnibus clause to use of the automobile by a person over the age of twenty-five years, except for the insured or any resident of his household, is not proscribed by statute, nor is it against public policy. Equity Mut. Ins. Co. v. Allstate Ins. Co., 190 Neb. 515, 209 N.W.2d 592 (1973). Objectively reasonable expectations of a beneficiary-insured regarding terms and coverage of his insurance contract will be honored. Nile Valley Coop. G. & M. Co. v. Farmers Elevator Mut. Ins. Co., 187 Neb. 720, 193 N.W.2d 752 (1972). Contracts of mutual insurance company called benefit thrift certificates were insurance contracts. State ex rel. Smrha v. Cosmo. Old Line Life Ins. Co., 137 Neb. 742, 291 N.W. 72 (1940). The New York standard form of fire insurance policy, as then existing and construed in New York, was adopted as the basis of the Nebraska insurance contract, expressly subject, however, to all provisions of that chapter which modified or were inconsistent with the New York form. Mayfield v. North River Ins. Co., 122 Neb. 63, 239 N.W. 197 (1931). The classification of insurance as a business public in character, cannot be said to be a classification with no basis therefor, and the legislation is not invalid for that reason. Nye-Schneider-Fowler Co. v. Bridges, Hoye & Co., 98 Neb. 863, 155 N.W. 235 (1915). The entire Insurance Code is valid, even though there are objectionable parts therein. State ex rel. Martin v. Howard, 96 Neb. 278, 147 N.W. 689 (1914).
NE Code § 44-101.01 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-101.01 - Department of Insurance; general powers; director; duties.

44-101.01.  Department of Insurance; general powers; director; duties.The Department of Insurance shall have general supervision, control, and regulation of insurance companies, associations, and societies and the business of insurance in Nebraska, including companies in process of organization. The Director of Insurance shall be the chief administrative officer of the department. The director shall have the power and duty to enforce and execute all the insurance laws of this state and to adopt and promulgate all needful rules and regulations for the purpose of carrying out the true spirit and meaning of Chapter 44 and all laws relating to the business of insurance and, to that end, may authorize and empower an assistant or employee to do any and all things that he or she may do and on his or her behalf, and he or she shall see that all laws respecting insurance companies and insurance agents are faithfully executed. The director or his or her representative shall issue all certificates and licenses as provided for in Chapter 44. If the applicant is an individual, the application for a certificate or license shall include the applicant's social security number. The director and his or her authorized representative shall have the power and authority to do all things and to perform all acts the department is given the power and authority to do.Source   Laws 1913, c. 154, § 3, p. 396;   R.S.1913, § 3139;   Laws 1919, c. 190, tit. V, art. III, § 1, p. 576;   C.S.1922, § 7745;   C.S.1929, § 44-201;   R.S.1943, § 44-104;   R.R.S.1943, § 81-501;   Laws 1969, c. 360, § 3, p. 1284;   Laws 1981, LB 113, § 22;   Laws 1989, LB 92, § 1;   Laws 1997, LB 752, § 109.  Annotations The Legislature has granted the director of the Department of Insurance statutory power to perform all acts the department has the power and authority to do. CenTra, Inc. v. Chandler Ins. Co., 248 Neb. 844, 540 N.W.2d 318 (1995).
NE Code § 44-102 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-102 - Insurance, defined.

44-102.  Insurance, defined.For purposes of Chapter 44, unless the context otherwise requires, insurance shall mean a contract whereby one party, called the insurer, for a consideration, undertakes to pay money or its equivalent or to do an act valuable to another party, called the insured, or to his or her beneficiary, upon the happening of the hazard or peril insured against whereby the party insured or his or her beneficiary suffers loss or injury.Source   Laws 1913, c. 154, § 1, p. 394;   R.S.1913, § 3137;   Laws 1919, c. 190, tit. V, art. II, § 1, p. 573;   C.S.1922, § 7743;   C.S.1929, § 44-101;   R.S.1943, § 44-102;   Laws 1989, LB 92, § 2.  Annotations  The definition of insurance contains the following elements: (1) The existence of a contract whereby, (2) for a consideration, (3) one party (the insurer) promises to pay money or perform a valuable act for the benefit of the other party (the insured), (4) upon the happening of a stated hazard or peril that results in a loss to the insured. Norwest Corp. v. State, Dept. of Insurance, 253 Neb. 574, 571 N.W.2d 628 (1997). Insurance is defined. Bankers Life Ins. Co. v. Laughlin, 160 Neb. 480, 70 N.W.2d 474 (1955). An application for hail insurance which contained all necessary elements of policy was effective as a policy. Schnell v. United Hail Ins. Co., 145 Neb. 768, 18 N.W.2d 112 (1945). Any insurance company, requiring the payment of fixed premiums in advance, which provide benefits not dependent upon the collection of assessments from other members, and which does not provide for extra assessments if necessary, is not an assessment association. Western Life & Accident Co. v. State Ins. Board, 101 Neb. 152, 162 N.W. 530 (1917).
NE Code § 44-102.01 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-102.01 - Insurance; service contract excluded.

44-102.01.  Insurance; service contract excluded.For purposes of Chapter 44, insurance does not include a service contract. For purposes of this section, service contract means (1) a motor vehicle service contract as defined in section 44-3521 or (2) a contract or agreement, whether designated as a service contract, maintenance agreement, warranty, extended warranty, or similar term, whereby a person undertakes to furnish, arrange for, or, in limited circumstances, reimburse for service, repair, or replacement of any or all of the components, parts, or systems of any covered residential dwelling or consumer product when such service, repair, or replacement is necessitated by wear and tear, failure, malfunction, inoperability, inherent defect, or failure of an inspection to detect the likelihood of failure.Source   Laws 1990, LB 1136, § 91;  Laws 2011, LB535, § 10.
NE Code § 44-104 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-104 - Transferred to section 81-501.

44-104.  Transferred to section 81-501.
NE Code § 44-105 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-105 - Certificate of authority; grant; conditions; examination.

44-105.  Certificate of authority; grant; conditions; examination.Before granting a certificate of authority to any insurance company to issue policies or make contracts of insurance in this state, the Department of Insurance shall be satisfied by such examination as it may cause to be made or such evidence as it may require that such company is duly qualified under the laws of this state to transact business in this state. The department shall examine a corporation which has received a permit from the department to complete its organization as an insurance company whenever it deems it necessary or prudent to protect shareholders, applicants for membership or for insurance, creditors, or the public.Source   Laws 1913, c. 154, § 8, p. 398;   R.S.1913, § 3144;   Laws 1919, c. 190, tit. V, art. III, § 1, p. 576;   C.S.1922, § 7745;   C.S.1929, § 44-201;   R.S.1943, § 44-105;   Laws 1957, c. 178, § 10, p. 615;   Laws 1989, LB 92, § 4.
NE Code § 44-106 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-106 - Domestic company; books and records required.

44-106.  Domestic company; books and records required.The Department of Insurance shall require every domestic insurance company to keep its books, records, accounts and vouchers in such manner that it may readily verify its annual statement, and ascertain whether the company is solvent and has complied with the law.Source   Laws 1913, c. 154, § 8, p. 398;   R.S.1913, § 3144;   Laws 1919, c. 190, tit. V, art. III, § 1, p. 576;   C.S.1922, § 7745;   C.S.1929, § 44-201;   R.S.1943, § 44-106.
NE Code § 44-107 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-107 - Notice to Banking, Commerce and Insurance Committee of the Legislature; hearing.

44-107.  Notice to Banking, Commerce and Insurance Committee of the Legislature; hearing.The Department of Insurance shall notify the chairperson and members of the Banking, Commerce and Insurance Committee of the Legislature prior to submitting any request or application to the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services for a state innovation waiver under section 1332 of the federal Patient Protection and Affordable Care Act. Such notification shall be made electronically and shall include a copy of the application for the federal waiver. The Banking, Commerce and Insurance Committee of the Legislature shall hold a public hearing on such waiver application.Source Laws 2019, LB468, § 4.
NE Code § 44-112 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-112 - Department of Insurance; records.

44-112.  Department of Insurance; records.The Department of Insurance shall preserve in a permanent form a record of its proceedings, and the acts and proceedings of its officers, including a concise statement of the results of all investigations or examinations of insurance companies.Source   Laws 1913, c. 154, § 17, p. 405;   R.S.1913, § 3153;   Laws 1919, c. 190, tit. V, art. III, § 10, p. 583;   C.S.1922, § 7754;   C.S.1929, § 44-210;   R.S.1943, § 44-112.
NE Code § 44-112.01 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-112.01 - Transferred to section 44-6606.

44-112.01.  Transferred to section 44-6606.
NE Code § 44-113 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-113 - Department; report; contents.

44-113.  Department; report; contents.The Department of Insurance shall transmit to the Governor, ten days prior to the opening of each session of the Legislature, a report of its official transactions, containing in a condensed form the statements made to the department by every insurance company authorized to do business in this state pursuant to Chapter 44, as audited and corrected by it, arranged in tabular form or in abstracts, in classes according to the kind of insurance, which report shall also contain (1) a statement of all insurance companies authorized to do business in this state during the year ending December 31 next preceding, with their names, locations, amounts of capital, dates of incorporation, and of the commencement of business and kinds of insurance in which they are engaged respectively; and (2) a statement of the insurance companies whose business has been closed since making the last report, and the reasons for closing such businesses, with the amount of their assets and liabilities, so far as the amount of their assets and liabilities are known or can be ascertained by the department. The report shall also be transmitted electronically to the Clerk of the Legislature. Each member of the Legislature shall receive a copy of such report by making a request for it to the director. The department may transmit the report by electronic format through the portal established under section 84-1204 after notification of such type of delivery is given to the recipient. The department shall maintain the report in a form capable of accurate duplication on paper.Source   Laws 1913, c. 154, § 18, p. 405;   R.S.1913, § 3154;   Laws 1919, c. 190, tit. V, art. III, § 11, p. 583;   C.S.1922, § 7755;   C.S.1929, § 44-211;   R.S.1943, § 44-113;   Laws 1969, c. 359, § 2, p. 1268;   Laws 1979, LB 322, § 14;  Laws 2003, LB 216, § 1;  Laws 2012, LB719, § 1;  Laws 2012, LB782, § 53.
NE Code § 44-114 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-114 - Department; fees for services.

44-114.  Department; fees for services.In addition to any other fees and charges provided by law, the following shall be due and payable to the Department of Insurance: (1) For filing the documents, papers, statements, and information required by law upon the organization of domestic or the entry of foreign or alien insurers, statistical agents, or advisory organizations, three hundred dollars; (2) for filing each amendment of articles of incorporation, twenty dollars; (3) for filing restated articles of incorporation, twenty dollars; (4) for renewing each certificate of authority of insurers, statistical agents, or advisory organizations, one hundred dollars, except domestic assessment associations, which shall pay twenty dollars; (5) for issuance of an amended certificate of authority, one hundred dollars; (6) for filing a certified copy of articles of merger involving a domestic or foreign insurance corporation holding a certificate of authority to transact insurance business in this state, fifty dollars; (7) for filing an annual statement, two hundred dollars; (8) for each certificate of valuation, deposit, or compliance or other certificate for whomsoever issued, five dollars; (9) for filing any report which may be required by the department from any unincorporated mutual association, no fee shall be due; (10) for copying official records or documents, fifty cents per page; and (11) for a preadmission review of documents required to be filed for the admission of a foreign insurer or for the organization and licensing of a domestic insurer other than an assessment association, a nonrefundable fee of one thousand dollars.Source   Laws 1913, c. 154, § 19, p. 406;   R.S.1913, § 3155;   Laws 1919, c. 190, tit. V, art. III, § 12, p. 584;   C.S.1922, § 7756;   C.S.1929, § 44-212;   Laws 1935, c. 101, § 1, p. 330;   C.S.Supp.,1941, § 44-212;   R.S.1943, § 44-114;   Laws 1955, c. 168, § 2, p. 478;   Laws 1965, c. 250, § 1, p. 708;   Laws 1969, c. 359, § 3, p. 1269;   Laws 1969, c. 360, § 1, p. 1282;   Laws 1977, LB 333, § 1;   Laws 1980, LB 481, § 31;   Laws 1984, LB 801, § 46;   Laws 1989, LB 92, § 10;   Laws 1991, LB 233, § 42;  Laws 2003, LB 216, § 2;  Laws 2012, LB887, § 1. Annotations All fees must be paid to State Treasurer. State v. Home Ins. Co., 59 Neb. 524, 81 N.W. 443 (1900); Moore v. State, 53 Neb. 831, 74 N.W. 319 (1898).
NE Code § 44-116 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-116 - Examination; expenses collected; Department of Insurance Cash Fund; created; use; investment.

44-116.  Examination; expenses collected; Department of Insurance Cash Fund; created; use; investment.All money collected by the Department of Insurance for examination of the affairs of domestic, foreign, or alien insurance companies and insurers as defined in and pursuant to the Insurers Examination Act or any other provision of Chapter 44 or for valuing the reserve liabilities of life insurance companies shall be remitted by the department to the State Treasurer for credit to the Department of Insurance Cash Fund, which fund is hereby created. Money in the Department of Insurance Cash Fund may be used for transfers to the General Fund at the direction of the Legislature. Any money in the Department of Insurance Cash Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.Source   Laws 1913, c. 154, § 21, p. 406;   R.S.1913, § 3157;   Laws 1919, c. 190, tit. V, art. III, § 14, p. 584;   Laws 1921, c. 24, § 2, p. 150;   C.S.1922, § 7758;   Laws 1923, c. 189, § 1, p. 433;   C.S.1929, § 44-214;   R.S.1943, § 44-116;   Laws 1955, c. 169, § 1, p. 484;   Laws 1965, c. 251, § 1, p. 709;   Laws 1969, c. 584, § 43, p. 2370;   Laws 1983, LB 469, § 2;   Laws 1989, LB 92, § 11;   Laws 1991, LB 233, § 43;   Laws 1993, LB 583, § 11;   Laws 1994, LB 1066, § 30.  Cross References   Insurers Examination Act, see section 44-5901.  Nebraska Capital Expansion Act, see section 72-1269.  Nebraska State Funds Investment Act, see section 72-1260.
NE Code § 44-117 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-117 - Examiners; expenses; payment.

44-117.  Examiners; expenses; payment.The Director of Administrative Services is, upon presentation of a voucher properly countersigned by the Director of Insurance, authorized to draw warrants against the Department of Insurance Cash Fund for the purpose of paying the salaries and expenses of the personnel of the actuarial and examining staff of the Department of Insurance.Source   Laws 1913, c. 154, § 21, p. 407;   R.S.1913, § 3157;   Laws 1919, c. 190, tit. V, art. III, § 14, p. 585;   Laws 1921, c. 24, § 2, p. 150;   C.S.1922, § 7758;   Laws 1923, c. 189, § 1, p. 433;   C.S.1929, § 44-214;   R.S.1943, § 44-117;   Laws 1955, c. 169, § 2, p. 485;   Laws 1989, LB 92, § 12.
NE Code § 44-119 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-119 - Actuaries and examiners; appointment.

44-119.  Actuaries and examiners; appointment.In order to discharge the responsibilities of the department, including the requirements of the Insurers Examination Act, there shall be appointed a sufficient staff of actuaries and examiners which shall include:(1) One or more life insurance actuaries;(2) One or more property and casualty insurance actuaries;(3) One or more actuarial examiners;(4) A chief financial examiner and one or more assistant chief financial examiners;(5) One or more financial examiners;(6) A chief market conduct examiner; and(7) One or more market conduct examiners.The examiners described in subdivisions (3) through (5) of this section hired after March 4, 2003, shall hold office at the will of the director and shall receive such salary as fixed by the director and approved by the Governor based upon the level of credentials for the positions. Each employee who is employed as an examiner on March 4, 2003, may elect to become employed at will. The election to become employed at will may be made at any time upon notification to the director in writing, but once made, such election shall be final. Until the election to be employed at will is made, the employee shall be treated as continuing participation in the State Personnel System.Source   Laws 1923, c. 189, § 1, p. 433;   C.S.1929, § 44-214;   R.S.1943, § 44-119;   Laws 1947, c. 160, § 1(1), p. 439;   Laws 1989, LB 92, § 13;   Laws 1993, LB 583, § 12;  Laws 2003, LB 85, § 2.  Cross References  Insurers Examination Act, see section 44-5901.
NE Code § 44-120 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-120 - Domestic company; capital stock; impairment; notice to shareholders.

44-120.  Domestic company; capital stock; impairment; notice to shareholders.Whenever it appears to the Department of Insurance from any proper showing or from any examination made that the capital stock of any domestic stock insurance company is impaired or that its assets are insufficient to justify its continuance in business, the department, in lieu of proceeding immediately in the manner authorized by the Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act, may at once determine the amount of such impairment or deficiency and thereupon issue a written notice to the company requiring its shareholders to make good the amount of the impairment or deficiency with cash or authorized investments or to reduce its capital stock, not below statutory requirements, within a reasonable time not to exceed ninety days from the service of the notice.Source   Laws 1913, c. 154, § 9, p. 400;   R.S.1913, § 3145;   Laws 1919, c. 190, tit. V, art. III, § 2, p. 577;   C.S.1922, § 7746;   C.S.1929, § 44-202;   R.S.1943, § 44-120;   Laws 1967, c. 259, § 1, p. 682;   Laws 1989, LB 92, § 14;   Laws 1989, LB 319, § 62.  Cross References  Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act, see section 44-4862.Annotations  This section is remedial, and provides the first step toward replacement where impairment of capital stock of a stock company has taken place. Clark v. Lincoln Liberty Life Ins. Co., 139 Neb. 65, 296 N.W. 449 (1941). Where court of competent jurisdiction has by appropriate proceedings taken property into its possession, such property is thereby withdrawn from the jurisdiction of all other courts. Motlow v. Southern Holding & Securities Corp., 95 F.2d 721 (8th Cir. 1938). Statute is cited as showing legislative intent that city was not entitled to preferred claim for money loaned or deposited with insolvent trust company. City of Lincoln v. Ricketts, 84 F.2d 795 (8th Cir. 1936).
NE Code § 44-121 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-121 - Domestic company; capital stock; failure to restore; proceedings authorized.

44-121.  Domestic company; capital stock; failure to restore; proceedings authorized.If the amount of any such impairment or deficiency shall not be made good within the time specified in such notice and proof thereof filed with the Department of Insurance, the company shall be proceeded against in the manner authorized and directed by the Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act.Source   Laws 1913, c. 154, § 9, p. 400;   R.S.1913, § 3145;   Laws 1919, c. 190, tit. V, art. III, § 2, p. 578;   C.S.1922, § 7746;   C.S.1929, § 44-202;   R.S.1943, § 44-121;   Laws 1989, LB 319, § 63.  Cross References  Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act, see section 44-4862.
NE Code § 44-122 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-122 - Domestic company; stock reduction; procedure.

44-122.  Domestic company; stock reduction; procedure.No reduction of stock shall be made except by approval of at least two-thirds of the directors. The directors, after such reduction of stock, may require such shareholder to surrender his or her stock and in lieu thereof may issue a new certificate for such number of shares as each shall be entitled to.Source   Laws 1913, c. 154, § 9, p. 400;   R.S.1913, § 3145;   Laws 1919, c. 190, tit. V, art. III, § 2, p. 578;   C.S.1922, § 7746;   C.S.1929, § 44-202;   R.S.1943, § 44-122;   Laws 1989, LB 92, § 15;  Laws 1999, LB 259, § 1.