reglab/statecodes huggingface dataset:
2023 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).
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-123 - Domestic mutual company; assets; deficiency; notice.

44-123.
Domestic mutual company; assets; deficiency; notice.
Whenever it shall appear from any proper showing, or from any examination made, that the assets and resources of any domestic mutual insurance company are insufficient to meet the minimum conditions prescribed in section 44-219 as now existing or hereafter amended, the Department of Insurance shall promptly determine the amount of such deficiency, and thereupon issue a written notice and requisition to the directors and officers of such company, requiring them to make good the amount of such deficiency within a reasonable time, not to exceed one hundred eighty days, from the service of such notice and requisition.
Source
Laws 1913, c. 154, § 10, p. 400;
R.S.1913, § 3146;
Laws 1919, c. 190, tit. V, art. III, § 3, p. 578;
C.S.1922, § 7747;
C.S.1929, § 44-203;
R.S.1943, § 44-123;
Laws 1949, c. 136, § 1, p. 355.
Annotations
This section provides the first step toward replacement where impairment of capital stock of a mutual insurance company has taken place. Clark v. Lincoln Liberty Life Ins. Co., 139 Neb. 65, 296 N.W. 449 (1941).
Mutual insurance company is required to provide reserve fund. Western Life & Accident Co. v. State Ins. Board, 101 Neb. 152, 162 N.W. 530 (1917).
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-124 - Domestic mutual company; assets; deficiency; service of notice; failure to restore; proceedings authorized.

44-124.
Domestic mutual company; assets; deficiency; service of notice; failure to restore; proceedings authorized.
Such notice and requisition may be served by either registered or certified letter, having affixed the proper postage, and directed to the company at its principal place of business in this state. Upon the service of such notice and requisition, the directors and officers thereof shall forthwith cause such deficiency to be made good and proof thereof to be filed in the office of the Department of Insurance within the time specified in the notice and requisition. If such deficiency shall not be made good within the time specified in the notice and requisition and satisfactory proof thereof filed with the department, such 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, § 10, p. 401;
R.S.1913, § 3146;
Laws 1919, c. 190, tit. V, art. III, § 3, p. 578;
C.S.1922, § 7747;
C.S.1929, § 44-203;
R.S.1943, § 44-124;
Laws 1957, c. 242, § 33, p. 846;
Laws 1989, LB 319, § 64.
Cross References
Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act, see section 44-4862.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-133 - Domestic company; certificate of authority; suspension or revocation; appeal.

44-133.
Domestic company; certificate of authority; suspension or revocation; appeal.
Whenever any of the grounds mentioned in section 44-4809, 44-4812, or 44-4817 are shown to exist as to a domestic company after a hearing upon notice to the company, the Department of Insurance may suspend or revoke the certificate of authority of such company to do business, instead of applying to the court, which order of suspension or revocation shall be subject to appeal, and the appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1913, c. 154, § 12, p. 403;
R.S.1913, § 3148;
Laws 1919, c. 190, tit. V, art. III, § 5, p. 581;
C.S.1922, § 7749;
C.S.1929, § 44-205;
R.S.1943, § 44-133;
Laws 1969, c. 359, § 4, p. 1269;
Laws 1988, LB 352, § 39;
Laws 1989, LB 319, § 65.
Cross References
Administrative Procedure Act, see section 84-920.
Annotations
Under this section, Department of Insurance may revoke, upon notice, authority of domestic insurance company to do business. Clark v. Lincoln Liberty Life Ins. Co., 139 Neb. 65, 296 N.W. 449 (1941).
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-134 - Foreign or alien company; certificate of authority; suspension or revocation; appeal.

44-134.
Foreign or alien company; certificate of authority; suspension or revocation; appeal.
Whenever the authority of a foreign or alien company to do business is suspended or revoked by its state of domicile or state of entry into the United States or whenever any of the grounds mentioned in section 44-4809, 44-4812, or 44-4817 exist as to a foreign or alien company, the Department of Insurance may suspend or revoke the certificate of authority of such company to do business in this state, which order of suspension or revocation shall be subject to appeal, and the appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1913, c. 154, § 13, p. 404;
R.S.1913, § 3149;
Laws 1919, c. 190, tit. V, art. III, § 6, p. 581;
C.S.1922, § 7750;
C.S.1929, § 44-206;
R.S.1943, § 44-134;
Laws 1969, c. 359, § 5, p. 1270;
Laws 1988, LB 352, § 40;
Laws 1989, LB 319, § 66.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-135 - Foreign company; certificate of authority; required; personal jurisdiction.

44-135.
Foreign company; certificate of authority; required; personal jurisdiction.
Any foreign or alien insurance company or association, before it shall do any business in this state, shall procure a certificate of authority to do business in this state as provided by the laws of the State of Nebraska. Procuring such a certificate shall constitute sufficient contact with this state for the exercise of personal jurisdiction over the company or association in any action arising out of its activities in this state.
Source
Laws 1913, c. 154, § 14, p. 404;
R.S.1913, § 3150;
Laws 1919, c. 190, tit. V, art. III, § 7, p. 582;
C.S.1922, § 7751;
Laws 1929, c. 123, § 1, p. 468;
C.S.1929, § 44-207;
Laws 1935, c. 103, § 1, p. 336;
Laws 1937, c. 99, § 1, p. 346;
C.S.Supp.,1941, § 44-207;
R.S.1943, § 44-135;
Laws 1983, LB 447, § 53.
Annotations
Compliance with this section constitutes a voluntary acceptance of its provisions. Pupkes v. Sailors, 183 Neb. 784, 164 N.W.2d 441 (1969).
Service under this section on foreign insurance company is proper in reviving stay bond which has become dormant. Baker Steel & Machinery Co. v. Ferguson, 137 Neb. 578, 290 N.W. 499 (1940).
The Director of the Department of Insurance is the statutory agent for the service of process on foreign insurance companies. Maixner v. Travelers Ins. Co., 133 Neb. 574, 276 N.W. 163 (1937).
Under former law, an insurance company against whom a judgment had been obtained by service of summons upon the Auditor of Public Accounts was entitled to equitable relief in a federal court against such judgment where the company had been prevented from defending the suit by the auditor's failure to send the summons to the company. National Surety Co. v. State Bank of Humboldt, 120 F. 593 (8th Cir. 1903).
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-136 - Foreign company; dissolution; effect on actions.

44-136.
Foreign company; dissolution; effect on actions.
The dissolution of any foreign insurance company or association shall not take away or impair the right of any person to commence an action in this state against such companies or associations, or their statutory successors as agents thereof, and procure service upon such companies or their statutory successors, as herein provided, for any liability previously incurred.
Source
Laws 1935, c. 103, § 1, p. 337;
Laws 1937, c. 99, § 1, p. 347;
C.S.Supp.,1939, § 44-207;
C.S.Supp.,1941, § 44-207;
R.S.1943, § 44-136.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-149 - Domestic companies; right to do business in other states; reciprocity.

44-149.
Domestic companies; right to do business in other states; reciprocity.
If any domestic insurance company or association, or domestic fraternal benefit society, having a certificate of authority from the Department of Insurance, shall make application for admission to any other state or country, and shall comply with all the statutory regulations of such state or country, and it shall be refused admission to such state or country, the director may revoke every certificate of authority granted to like companies or societies organized under the laws of the state or country so refusing admission to a domestic insurance company or association or domestic fraternal benefit society, unless and until such country or state shall grant the necessary license or certificate to such domestic insurance company or association or fraternal benefit society.
Source
Laws 1913, c. 154, § 155a, p. 472;
R.S.1913, § 3293;
Laws 1919, c. 190, tit. V, art. XI, § 21, p. 654;
C.S.1922, § 7900;
C.S.1929, § 44-1121;
R.S.1943, § 44-149;
Laws 1971, LB 792, § 1;
Laws 1987, LB 17, § 1.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-151 - Loan, surrender or nonforfeiture values; reciprocal interest provisions.

44-151.
Loan, surrender or nonforfeiture values; reciprocal interest provisions.
Whenever the laws of any other state, or the rules and regulations of the insurance department of any such state, shall require of insurance companies organized under the laws of this state the payment of loan, surrender or nonforfeiture values to policyholders of such companies with such other state or states, based upon a minimum rate of interest less than that used by such Nebraska company, or companies, in computing the amount of such loan, surrender or nonforfeiture values to be paid to its policyholders within this state, then, as a condition precedent to a company organized under the laws of such other state being permitted to conduct or continue to conduct business in this state, the Department of Insurance may require that such company shall compute the loan, surrender or nonforfeiture values to be paid to Nebraska policyholders by such company or companies of such other state on the basis of a minimum interest rate less than the interest rate used by such company or companies as a basis for such loan, surrender or nonforfeiture values in its home state, by an amount equal to the difference between the rate used by such Nebraska company or companies in computing such values to be paid to its policyholders in this state and the minimum rate required by such other state or states, to be used by such Nebraska company or companies in computing the amount of such values to be paid by it to its policyholders in such other state or states.
Source
Laws 1917, c. 72, § 1, p. 177;
Laws 1919, c. 190, tit. V, art. III, § 17, p. 586;
C.S.1922, § 7761;
C.S.1929, § 44-217;
Laws 1937, c. 100, § 1, p. 349;
C.S.Supp.,1941, § 44-217;
R.S.1943, § 44-151.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-152 - Domestic company; refusal of another state or country to license; retaliatory action.

44-152.
Domestic company; refusal of another state or country to license; retaliatory action.
Whenever it appears to the Director of Insurance that permission to transact business within any state of the United States or within any foreign country is refused to a company organized under the laws of this state after a certificate of compliance has been issued to the company by the director and after such company has complied with all laws of such state or foreign country, then and in every such case the director may forthwith cancel the authority of every company organized under the laws of such state or foreign government licensed to do business in this state and may refuse a certificate of authority to every such company thereafter applying to him or her for authority to do business in this state until his or her certificate has been duly recognized by the government of such state or country.
Source
Laws 1937, c. 100, § 1, p. 350;
C.S.Supp.,1941, § 44-217;
R.S.1943, § 44-152;
Laws 1989, LB 92, § 39.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-155 - Copies of records or documents; furnish; cost.

44-155.
Copies of records or documents; furnish; cost.
Whenever numerous copies of the same records or documents are furnished or certified to by the Department of Insurance, the Director of Insurance may reduce such fees for copies or certifications thereto if he deems the total fees to be excessive; and he may, when he deems it in the public interest, furnish without charge to the various state insurance regulatory authorities and persons other than insurers, copies, certified copies, or certifications of all records, documents, or information requested.
Source
Laws 1955, c. 168, § 11, p. 482;
Laws 1961, c. 210, § 2, p. 626.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-156.01 - Fees and charges; erroneously paid; refund; conditions.

44-156.01.
Fees and charges; erroneously paid; refund; conditions.
Commencing with any fee or charge imposed for 1985 or any subsequent year, whenever it appears to the satisfaction of the Director of Insurance that, because of a mistake of fact, error in calculation, or erroneous interpretation of a statute of this or any other state, district, province, territory, or country, any fee or charge, excluding taxes, has been paid to the director pursuant to any provision of law which is not required by law or which is in excess of the amount legally chargeable, he or she shall have the authority to refund the amount of such payment or overpayment. The refund may be made by applying such amount towards the payment of other like or similar fees or charges, except taxes, already due or which may become due until such payment or overpayment has been fully refunded. No amount shall be refunded for payment or overpayment made after two years have elapsed from the end of the year for which any fee or charge was payable. This section shall not authorize or permit refunding of any taxes.
Source
Laws 1986, LB 1114, § 4.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-157 - Fees and charges; manner of payment; deposited in Department of Insurance Cash Fund.

44-157.
Fees and charges; manner of payment; deposited in Department of Insurance Cash Fund.
All fees and charges required by Chapter 44 shall be paid in the manner and within the time prescribed by the Director of Insurance as approved by the Tax Commissioner. All such fees and charges, including fees and charges collected pursuant to the retaliatory statutes of such chapter, which are in excess of or in addition to the fees and charges collected pursuant to such chapter, shall be deposited by the State Treasurer to the account of and for the use of the Department of Insurance Cash Fund to be appropriated and expended for the supervision, control, and regulation of the business of insurance in Nebraska. If payment of any such fee or charge is not made within the time prescribed, as approved, the director shall report such failure or neglect to the Attorney General who shall institute an action in the name of the State of Nebraska for the purpose of recovering the money due. All fees and charges of any nature whatsoever which are paid to the Department of Insurance or to the Director of Insurance by virtue of his or her office shall be paid forthwith into the state treasury and deposited by the State Treasurer to the Department of Insurance Cash Fund.
Source
Laws 1955, c. 168, § 13, p. 483;
Laws 1965, c. 251, § 2, p. 710;
Laws 1989, LB 92, § 40.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-161 - Foreign insurer; becoming domestic insurer; requirements.

44-161.
Foreign insurer; becoming domestic insurer; requirements.
Any insurer which is organized under the laws of any other state and is admitted to do business in this state for the purpose of writing insurance may become a domestic insurer by complying with all of the requirements of law relative to the organization and licensing of a domestic insurer of the same type and by designating its principal place of business at a place in this state. If an insurer transfers its domicile to this state, any investment held by the insurer at the time of the transfer, which shall have been an authorized investment under the laws of the insurer's former state of domicile, shall be deemed an authorized investment under the Insurers Investment Act. The domestic insurer shall be entitled to like certificates and licenses to transact business in this state and shall be subject to the authority and jurisdiction of this state.
Source
Laws 1989, LB 61, § 1;
Laws 2004, LB 1047, § 1.
Cross References
Insurers Investment Act, see section 44-5101.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-162 - Domestic insurer; transfer of domicile; effect.

44-162.
Domestic insurer; transfer of domicile; effect.
Any domestic insurer may, upon the approval of the Director of Insurance, transfer its domicile to any other state in which it is admitted to transact the business of insurance. Upon such a transfer, the domestic insurer shall cease to be a domestic insurer and shall be admitted to this state if qualified as a foreign insurer. The Director of Insurance shall approve any such proposed transfer unless he or she determines such transfer is not in the interest of the policyholders of this state.
Source
Laws 1989, LB 61, § 2.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-163 - Insurer; transfer of domicile; effect on business; filing requirements.

44-163.
Insurer; transfer of domicile; effect on business; filing requirements.
The certificate of authority, agents' appointments, licenses, rates, and other items which the Director of Insurance allows, in his or her discretion, which are in existence at the time any insurer licensed to transact the business of insurance in this state transfers its domicile to this or any other state by merger, consolidation, or any other lawful method, shall continue in full force and effect upon such transfer if such insurer remains duly qualified to transact the business of insurance in this state. All outstanding policies of any transferring insurer shall remain in full force and effect and need not be endorsed as to the new name of the company or its new location unless so ordered by the director. Every transferring insurer shall file new policy forms with the director on or before the effective date of the transfer but may use existing policy forms with appropriate endorsements if allowed by and under such conditions as approved by the director. Every such transferring insurer shall file promptly and shall notify the director of the details of the proposed transfer and resulting amendments to corporate documents filed or required to be filed with the director.
Source
Laws 1989, LB 61, § 3.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-164 - Insurer; transfer of domicile; rules and regulations.

44-164.
Insurer; transfer of domicile; rules and regulations.
The Director of Insurance may adopt and promulgate rules and regulations to carry out sections 44-161 to 44-163.
Source
Laws 1989, LB 61, § 4.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-201.01 - Certificate of authority; lines of insurance; director; duties.

44-201.01.
Certificate of authority; lines of insurance; director; duties.
Any insurance company which is, on August 25, 1989, the holder of a valid certificate of authority issued by the Department of Insurance in effect immediately prior to such date may, on and after such date, subject to compliance with Chapter 44 and the rules and regulations of the department, continue to transact any insurance business in this state authorized by such certificate of authority and shall thereafter be eligible to have such certificate of authority renewed pursuant to Chapter 44. The Director of Insurance shall determine what line or lines of insurance as specified in section 44-201 each renewed certificate of authority shall include. Any certificate of authority valid on August 25, 1989, shall expire on April 30, 1990, as provided in section 44-303.
Source
Laws 1989, LB 92, § 42.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-202 - Insurance companies; organization; businesses authorized.

44-202.
Insurance companies; organization; businesses authorized.
(1) Companies may be formed upon the stock or mutual plan to transact any line or lines of insurance authorized by section 44-201, upon the assessment plan to transact any line or lines of insurance specified in subdivisions (4), (5), (7), and (18) of such section, or upon the fraternal plan to transact insurance as authorized in Chapter 44, article 10. An assessment association may, in addition to any line or lines of insurance described in subdivisions (4), (5), (7), and (18) of section 44-201, be authorized to transact any line or lines of insurance which a mutual company may transact when such association has accumulated and thereafter at all times maintains the same reserves, surplus, and contingency funds required to be maintained by a mutual company organized to transact the same line or lines of insurance.
(2) A domestic company may, notwithstanding limitations otherwise applicable and if it maintains books and records which account for such business, engage directly in any of the following businesses: (a) Rendering investment advice; (b) rendering services related to the functions involved in the operation of its insurance business, including, but not limited to, actuarial, loss prevention, marketing and sales, safety engineering, data processing, accounting, claims, appraisal, and collection services; (c) acting as trustee or fiduciary in the administration of pension, profit-sharing, and other benefit plans for employees and self-employed persons and individual retirement accounts or annuities, if, in the judgment of the company, such plans constitute qualified plans under the Internal Revenue Code; (d) acting as administrative agent for a governmental instrumentality which is performing an insurance function for a health or welfare program; and (e) any other business activity reasonably complementary or supplementary to its insurance business, either to the extent necessarily or properly incidental to the insurance business which the company is authorized to do in this state or to the extent approved by the Director of Insurance and subject to any limitations he or she may prescribe for the protection of the interests of the policyholders of the company taking into account the effect of such business on the company's existing insurance business and its surplus, the proposed allocation of the estimated cost of such business, and the risks inherent in such business as well as the relative advantages to the company and its policyholders of conducting such business directly instead of through a subsidiary.
Source
Laws 1913, c. 154, § 79, p. 427;
R.S.1913, § 3216;
Laws 1919, c. 190, tit. V, art. V, § 2, p. 608;
C.S.1922, § 7815;
Laws 1925, c. 124, § 2, p. 328;
C.S.1929, § 44-402;
Laws 1931, c. 89, § 1, p. 250;
C.S.Supp.,1941, § 44-402;
R.S.1943, § 44-202;
Laws 1949, c. 139, § 1, p. 363;
Laws 1951, c. 136, § 1, p. 560;
Laws 1972, LB 1336, § 1;
Laws 1975, LB 437, § 1;
Laws 1989, LB 92, § 43;
Laws 1995, LB 574, § 42.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-202.01 - Insurance companies; licensed on August 25, 1989; continuance of authority.

44-202.01.
Insurance companies; licensed on August 25, 1989; continuance of authority.
An insurer holding a valid certificate of authority to transact insurance in this state immediately prior to August 25, 1989, may continue to be authorized to transact the same lines of insurance permitted by such certificate of authority by maintaining thereafter the same amount of paid-in capital stock, if a stock insurer, or the same amount of surplus, if a mutual insurer, as required by the laws of this state for such authority immediately prior to such date, except that if such insurer, on or after such date, is determined by the director to be maintaining an amount which complies with the requirements as to capital and surplus as provided in sections 44-214, 44-219, and 44-243, then such insurer shall continue to comply with such requirements. On and after such date the insurer shall not be granted authority to transact any other or additional line of insurance unless it then fully complies with the requirements as to capital and surplus as provided by sections 44-214, 44-219, and 44-243 with respect to insurers applying for original certificates of authority.
Source
Laws 1965, c. 253, § 6, p. 719;
Laws 1967, c. 262, § 2, p. 703;
Laws 1989, LB 92, § 44.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-203 - Insurance companies; lines of insurance; authorized.

44-203.
Insurance companies; lines of insurance; authorized.
Except as provided in section 44-1984, a company may be formed or an existing company may be authorized to transact any one or more of the lines of insurance specified in section 44-201.
Source
Laws 1913, c. 154, § 80, p. 428;
R.S.1913, § 3217;
Laws 1919, c. 190, tit. V, art. V, § 3, p. 608;
C.S.1922, § 7816;
Laws 1925, c. 124, § 3, p. 329;
C.S.1929, § 44-403;
R.S.1943, § 44-203;
Laws 1951, c. 136, § 2, p. 560;
Laws 1971, LB 767, § 2;
Laws 1973, LB 181, § 1;
Laws 1989, LB 92, § 45;
Laws 1991, LB 235, § 3;
Laws 1997, LB 53, § 47.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-205 - Insurance companies; formation; articles of incorporation; filing.

44-205.
Insurance companies; formation; articles of incorporation; filing.
Five or more natural persons may act as incorporators of an insurance corporation. The articles of incorporation shall be signed by each incorporator and delivered to the Department of Insurance for approval or disapproval, and if approved and found by it to be in accordance with the laws of this state, the department shall so certify. When such articles are thus approved, they shall be filed in the office of the Secretary of State and a duplicate copy bearing the date of filing in the office of the Secretary of State shall be filed in the office of the department. Upon the filing and recording of the articles of incorporation in the office of the Secretary of State as provided in this section corporate existence shall commence.
Source
Laws 1913, c. 154, § 81, p. 429;
R.S.1913, § 3218;
Laws 1919, c. 190, tit. V, art. V, § 4, p. 609;
Laws 1921, c. 305, § 1, p. 963;
C.S.1922, § 7817;
C.S.1929, § 44-404;
R.S.1943, § 44-205;
Laws 1989, LB 92, § 46;
Laws 1997, LB 52, § 1.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-205.01 - Articles of incorporation; contents.

44-205.01.
Articles of incorporation; contents.
(1) The articles of incorporation filed pursuant to section 44-205 shall state (a) the corporate name, which shall not so nearly resemble the name of an existing corporation as, in the opinion of the Director of Insurance, will mislead the public or cause confusion, (b) the place in Nebraska where the registered office and principal office will be located, (c) the purposes, which shall be restricted to the kind or kinds of insurance to be undertaken, such other kinds of business which it shall be empowered to undertake, and the powers necessary and incidental to carrying out such purposes, and (d) such other particulars as are required by the Nebraska Model Business Corporation Act and Chapter 44.
(2) The articles of incorporation may state such other particulars as are permitted by the Nebraska Model Business Corporation Act and Chapter 44, including provisions relating to the management of the business and regulation of the affairs of the corporation and defining, limiting, and regulating the powers of the corporation, its board of directors, and the shareholders of a stock corporation or the members of a mutual or assessment corporation.
Source
Laws 1957, c. 178, § 1, p. 611;
Laws 1972, LB 1336, § 2;
Laws 1989, LB 92, § 47;
Laws 1995, LB 109, § 215;
Laws 2014, LB749, § 280.
Cross References
Nebraska Model Business Corporation Act, see section 21-201.