reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1805 - Subject to personal jurisdiction.

44-1805.
Subject to personal jurisdiction.
Any of the following acts in this state, effected by mail or otherwise, by any such unauthorized foreign or alien insurer: (1) The issuance or delivery of contracts of insurance to residents of this state; (2) the solicitation of applications for such contracts; (3) the collection of premiums, membership fees, assessments, or other considerations for such contracts; or (4) any other transaction of insurance business, shall constitute sufficient contact with the state for the exercise of personal jurisdiction over such insurer in any proceeding instituted in respect to the misrepresentation set forth in section 44-1803 under the Unfair Insurance Trade Practices Act or in any action, suit, or proceeding for the recovery of any penalty provided in the act.
Source
Laws 1965, c. 247, § 5, p. 700;
Laws 1983, LB 447, § 63;
Laws 1989, LB 6, § 12;
Laws 1991, LB 234, § 29.
Cross References
Unfair Insurance Trade Practices Act, see section 44-1521.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1806 - Act, how cited.

44-1806.
Act, how cited.
Sections 44-1801 to 44-1806 shall be known and may be cited as the Unauthorized Insurers False Advertising Process Act.
Source
Laws 1965, c. 247, § 7, p. 702;
Laws 1989, LB 92, § 181.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1979 - Purpose of act.

44-1979.
Purpose of act.
The purpose of the Title Insurers Act is to provide for the effective regulation and supervision of title insurance and title insurers authorized to issue title insurance policies or otherwise transact the business of title insurance in this state.
Source
Laws 1997, LB 53, § 2.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1980 - Applicability of act and laws.

44-1980.
Applicability of act and laws.
The Title Insurers Act shall apply to all persons engaged in the business of title insurance in this state.
Except as otherwise expressly provided in the act and except when the context otherwise requires, all provisions of the laws of this state applying to insurance and insurers generally shall apply to title insurance and title insurers.
Source
Laws 1997, LB 53, § 3.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1982 - Transaction of title insurance business; requirements.

44-1982.
Transaction of title insurance business; requirements.
No person other than a domestic, foreign, or non-United-States title insurer organized on the stock plan and authorized under section 44-202 as a title insurer shall issue a title insurance policy or otherwise transact the business of title insurance in this state.
Source
Laws 1997, LB 53, § 5.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1983 - Authorized activities of title insurers.

44-1983.
Authorized activities of title insurers.
Subject to the exceptions and restrictions contained in the Title Insurers Act, a title insurer shall have the power to:
(1) Transact only title insurance business; and
(2) Reinsure title insurance policies.
Source
Laws 1997, LB 53, § 6.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1984 - Limitations on powers.

44-1984.
Limitations on powers.
(1) No insurer that transacts any line of business other than title insurance shall be eligible for the issuance or renewal of a certificate of authority to transact the business of title insurance in this state nor shall title insurance be transacted, underwritten, or issued by any insurer transacting or authorized to transact any other line of business.
(2)(a) Notwithstanding subsection (1) of this section, and to the extent such coverage is lawful within this state, a title insurer shall issue closing or settlement protection covering a proposed insured if the title insurer or its title insurance agent engages in any escrow, settlement, or closing services relating to the issuance of a title insurance commitment or title insurance policy to a proposed insured. Such closing or settlement protection shall conform to the terms of coverage and form of instrument as required by the director and shall indemnify a proposed insured solely against loss of settlement funds only because of the following acts of a title insurer's named title insurance agent:
(i) Theft of settlement funds; and
(ii) Failure to comply with written closing instructions by the proposed insured when agreed to by the title insurance agent relating to title insurance coverage.
(b) The director may prescribe or approve a required charge for providing the coverage.
(c) A title insurer shall not provide any other coverage which purports to indemnify against improper acts or omissions of a person with regard to escrow, settlement, or closing services.
Source
Laws 1997, LB 53, § 7;
Laws 2002, LB 1139, § 20;
Laws 2004, LB 155, § 1;
Laws 2019, LB221, § 1.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1985 - Minimum capital and surplus requirements.

44-1985.
Minimum capital and surplus requirements.
Before being authorized to transact the business of title insurance in this state, a title insurer shall establish and maintain a minimum paid-in capital of not less than one million dollars and, in addition, paid-in initial surplus of at least one million dollars.
Source
Laws 1997, LB 53, § 8.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1986 - Single risk limit.

44-1986.
Single risk limit.
(1) The net retained liability of a title insurer for a single risk in regard to property, whether assumed directly or as reinsurance, shall not exceed the aggregate of fifty percent of surplus as regards policyholders plus the statutory premium reserve less the title insurer's investment in title plants, all as shown on the most recent annual statement of the title insurer on file with the director.
(2) For purposes of the Title Insurers Act:
(a) A single risk shall be the insured amount of any title insurance policy, except that when two or more title insurance policies are issued simultaneously covering different estates in the same real property, a single risk shall be the sum of the insured amounts of all the title insurance policies; and
(b) A title insurance policy under which a claim payment reduces the amount of title insurance under one or more other title insurance policies shall be included in computing the single risk sum only to the extent that its amount exceeds the aggregate amount of the title insurance policy or policies whose amount of title insurance is reduced.
Source
Laws 1997, LB 53, § 9.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1987 - Admitted asset standards.

44-1987.
Admitted asset standards.
In determining the financial condition of a title insurer transacting the business of title insurance under the Title Insurers Act, the general investment provisions of the Insurers Investment Act shall apply, except that an investment in a title plant or title plants in an amount equal to the actual cost shall be allowed as an admitted asset for title insurers. The aggregate amount of the investment shall not exceed the lesser of twenty percent of admitted assets or forty percent of surplus to policyholders, as shown on the most recent annual statement of the title insurer on file with the director.
Source
Laws 1997, LB 53, § 10.
Cross References
Insurers Investment Act, see section 44-5101.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1989 - Liquidation, dissolution, or insolvency.

44-1989.
Liquidation, dissolution, or insolvency.
(1) The Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act shall apply to all title insurers subject to the Title Insurers Act except as otherwise provided in this section. In applying the provisions of the Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act, the court shall consider the unique aspects of title insurance and shall have broad authority to fashion relief that provides for the maximum protection of the title insurance policyholders.
(2) Security and escrow funds held by or on behalf of a title insurer shall not become general assets and shall be administered as secured creditor claims as defined in the Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act.
(3) Title insurance policies that are in force at the time an order of liquidation is entered shall not be canceled except upon a showing to the court of good cause by the liquidator. The determination of good cause shall be within the discretion of the court. In making this determination, the court shall consider the unique aspects of title insurance and all other relevant circumstances.
(4) The court may set appropriate dates that potential claimants must file their claims with the liquidator. The court may set different dates for claims based upon a title insurance policy than for all other claims. In setting dates, the court shall consider the unique aspects of title insurance and all other relevant circumstances.
(5) As of the date of the order of insolvency or liquidation, all premiums paid, due, or to become due under title insurance policies of the title insurer shall be fully earned. It shall be the obligation of title insurance agents, insureds, or representatives of the title insurer to pay fully earned premiums to the liquidator or rehabilitator.
Source
Laws 1997, LB 53, § 12.
Cross References
Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act, see section 44-4862.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1990 - Restrictions on dividends.

44-1990.
Restrictions on dividends.
A title insurer shall only declare or distribute a dividend to shareholders without the prior written approval of the director as would be permitted under section 44-2134 for insurers other than life insurers.
Source
Laws 1997, LB 53, § 13.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1991 - Diversification requirement.

44-1991.
Diversification requirement.
(1) Without the prior written approval of the director, a domestic title insurer shall not accept:
(a) Additional title insurance business from a title insurance agent that is not affiliated with the title insurer if, when added to other title insurance business written through the title insurance agent during the same calendar year, that title insurance agent's aggregate premiums written on behalf of the title insurer will exceed twenty percent of the title insurer's gross premiums written during the prior calendar year as shown on the title insurer's most recent annual statement on file with the director; or
(b) Additional direct operations from a single source if, when added to other direct operations from the single source during the same calendar year, the aggregate premiums written on the direct operations of the single source will exceed twenty percent of the title insurer's gross premiums written during the prior calendar year as shown on the title insurer's most recent annual statement on file with the director. For purposes of this section, single source means a person that refers title insurance business to the title insurer and any other person that controls, is controlled by, or is under common control with that person.
(2) In determining whether prior approval may be given, the director shall consider:
(a) The potential that the acceptance of more title insurance business from the title insurance agent or source may adversely affect the financial solidity of the title insurer;
(b) The availability of competing title insurance agents or additional sources in the territories in which the title insurer accepts risks;
(c) The number of years the title insurer has been in business;
(d) Reinsurance arrangements mitigating the concentration of title insurance business from the title insurance agent or single source;
(e) The comparative profitability of the title insurance agent's or single source's book of title insurance business;
(f) The degree of oversight of the title insurance agent's operations exercised by the title insurer; and
(g) Any other circumstances deemed by the director to be appropriate.
Source
Laws 1997, LB 53, § 14.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1992 - Title insurance commitment; notice.

44-1992.
Title insurance commitment; notice.
(1) When a title insurance commitment includes an offer to issue an owner's title insurance policy covering the resale of owner-occupied residential property, the title insurance commitment shall be furnished to the purchaser-mortgagor or its representative as soon as reasonably possible prior to closing. If the title insurance commitment cannot be delivered prior to the day of closing, the title insurer shall document the reasons for the delay.
(2) A title insurer issuing a lender's title insurance policy in conjunction with a mortgage loan made simultaneously with the purchase of all or part of the real estate securing the loan, when no owner's title insurance policy has been requested, shall give written notice, on a form prescribed or approved by the director, to the purchaser-mortgagor at the time the title insurance commitment is prepared. The notice shall explain that a lender's title insurance policy is to be issued protecting the mortgage lender and that the lender's title insurance policy does not provide title insurance protection to the purchaser-mortgagor as the owner of the property being purchased. The notice shall explain what a title insurance policy insures against and what possible exposures exist for the purchaser-mortgagor that could be insured against through the purchase of an owner's title insurance policy. The notice shall also explain that the purchaser-mortgagor may obtain an owner's title insurance policy protecting the property owner at a specified cost or approximate cost if the proposed coverages or amount of title insurance is not then known. A copy of the notice, signed by the purchaser-mortgagor, shall be retained in the relevant underwriting file at least five years after the effective date of the lender's title insurance policy.
Source
Laws 1997, LB 53, § 15;
Laws 1999, LB 259, § 4;
Laws 2001, LB 360, § 10.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1995 - Prohibition of rebate and fee splitting.

44-1995.
Prohibition of rebate and fee splitting.
A title insurer or other person shall not provide or receive, directly or indirectly, any consideration for the referral of title insurance business or escrow or other services provided by a title insurer.
Source
Laws 1997, LB 53, § 18.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1996 - Favored agent of title insurer.

44-1996.
Favored agent of title insurer.
A title insurer shall not participate in any transaction in which it knows that a producer of title insurance business or other person requires, directly or indirectly, or through a trustee, director, officer, agent, employee, or affiliate, as a condition, agreement, or understanding to selling or furnishing any other person a loan, loan extension, credit, sale, property, contract, lease, or service, that the other person place a title insurance policy of any kind with the title insurer or through a particular title insurance agent.
Source
Laws 1997, LB 53, § 19.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1997 - Premium rate filings and standards.

44-1997.
Premium rate filings and standards.
(1) No title insurer may charge any rates regulated by the state after September 13, 1997, except in accordance with the premium rate schedule and manual filed with and approved by the director in accordance with applicable statutes and rules and regulations governing rate filings.
(2) The director may adopt and promulgate rules and regulations, including rules and regulations providing statistical plans, for use by all title insurers and title insurance agents in the recording and reporting of revenue, loss, and expense experience in such form and detail as is necessary to aid him or her in the establishment of rates and fees.
(3) The director may require that the information provided under this section be verified by oath of the title insurer's or title insurance agent's president, vice president, secretary, or actuary, as applicable. The director may further require that the information required under this section be subject to an audit conducted by an independent certified public accountant. The director shall have the authority to establish a minimum threshold level at which an audit would be required.
(4) Information filed with the director relating to the experience of a particular title insurance agent shall be kept confidential unless the director finds it in the public interest to disclose the information required of title insurers or title insurance agents under this section.
Source
Laws 1997, LB 53, § 20.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1998 - Form filing.

44-1998.
Form filing.
(1)(a) A title insurer or rate service organization shall not deliver or issue for delivery or permit any of its title insurance agents to deliver in this state any form, in connection with title insurance business written, unless it has been filed with the director and approved by the director or thirty days have elapsed and it has not been disapproved. The waiting period may be extended for an additional period not to exceed thirty days if the director gives written notice within such waiting period to the title insurer or authorized rate service organization which made the filing that additional time is needed for consideration of the filing.
(b) Forms shall not (i) be unjust, unfair, or inequitable, (ii) be misleading, be deceptive, or encourage misrepresentation of the coverage, (iii) be contrary to public policy, or (iv) provide coverage that is of such a limited nature so as to be contrary to public interest.
(2) Forms covered by this section shall include:
(a) Title insurance policies, including standard form endorsements; and
(b) Title insurance commitments.
(3) After notice and opportunity to be heard are given to the title insurer or rate service organization which submitted a form for approval, the director may withdraw approval of the form on finding that the use of the form is contrary to the legal requirements applicable at the time of withdrawal. The effective date of withdrawal of approval shall not be less than ninety days after notice of withdrawal is given.
(4) An approved title insurance policy form or endorsement providing coverage for which no identifiable premium is assessed shall be incorporated into every applicable title insurance policy. The title insurer shall disclose any additional coverage to the insured. The provisions of this section shall not operate to eliminate any underwriting standard of conditions relating to the approved title insurance policy forms or endorsements.
(5) Any term or condition related to insurance coverage provided by an approved title insurance policy or any exception to the coverage, except those ascertained from a search and examination of records relating to a title or an inspection or survey of a property to be insured, may only be included in the title insurance policy after the term, condition, or exception has been filed with the director and approved.
Source
Laws 1997, LB 53, § 21.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1999 - Filing by rate service organization.

44-1999.
Filing by rate service organization.
(1) A title insurer or title insurance agent may satisfy its obligation to file premium rates, rating manuals, and forms as required by the Title Insurers Act by becoming a member of, or a subscriber to, a rate service organization, organized and licensed under the insurance laws of this state, when the organization makes the filings, and by authorizing the director in writing to accept the filings on the title insurer's behalf.
(2) Nothing in the act shall be construed as requiring any title insurer or title insurance agent to become a member of, or a subscriber to, any rate service organization. Nothing in the act shall be construed as prohibiting the filing of deviations from rate service organization filings by any member or subscriber.
Source
Laws 1997, LB 53, § 22.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-19,100 - Record retention requirements.

44-19,100.
Record retention requirements.
Evidence of the examination of title and determination of insurability for title insurance business written by a title insurer and records relating to escrow and security deposits shall be preserved and retained by the title insurer for as long as appropriate to the circumstances but, in no event, less than fifteen years after the title insurance policy has been issued or ten years after the escrow or security deposit account has been closed. This section shall not apply to a title insurer acting as coinsurer if one of the other coinsurers has complied with this section.
Source
Laws 1997, LB 53, § 23.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-19,102 - Penalties and liabilities.

44-19,102.
Penalties and liabilities.
(1) If the director determines that a title insurer or any other person has violated the Title Insurers Act or any rule or regulation adopted and promulgated pursuant to the act, after notice and opportunity to be heard, the director may order:
(a) A penalty not exceeding one thousand dollars for each violation; and
(b) Revocation or suspension of the title insurer's certificate of authority.
(2) Nothing in this section shall affect the right of the director to impose any other penalties provided for in the insurance laws of this state.
(3) Nothing in the act is intended to or shall in any manner limit or restrict the rights of policyholders, claimants, and creditors.
Source
Laws 1997, LB 53, § 25.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-19,103 - Unfair trade practices.

44-19,103.
Unfair trade practices.
In addition to any other remedies available under the laws of this state, each violation of the Title Insurers Act and any rules and regulations adopted and promulgated thereunder shall be an unfair trade practice in the business of insurance subject to the Unfair Insurance Trade Practices Act.
Source
Laws 1997, LB 53, § 26.
Cross References
Unfair Insurance Trade Practices Act, see section 44-1521.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-19,104 - Violations of Real Estate Settlement Procedures Act of 1974.

44-19,104.
Violations of Real Estate Settlement Procedures Act of 1974.
The director or Attorney General may bring an action in a court of competent jurisdiction to enjoin violations of the federal Real Estate Settlement Procedures Act of 1974, as amended, 12 U.S.C. 2601.
Source
Laws 1997, LB 53, § 27.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-19,105 - Applicability of act.

44-19,105.
Applicability of act.
The Title Insurers Act applies to all transactions entered into on or after September 13, 1997, except that:
(1) If the capital and surplus required prior to September 13, 1997, was less than that required by section 44-1985, a title insurer shall have two years after September 13, 1997, to comply with such section; and
(2) Section 44-1988 provides for a multiyear compliance period during which requisite reserves must be established.
Source
Laws 1997, LB 53, § 28.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-19,106 - Act, how cited.

44-19,106.
Act, how cited.
Sections 44-19,106 to 44-19,123 shall be known and may be cited as the Title Insurance Agent Act.
Source
Laws 1997, LB 53, § 29;
Laws 2004, LB 155, § 3.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-19,109 - Licensing requirements.

44-19,109.
Licensing requirements.
(1) A person shall not act in the capacity of a title insurance agent and a title insurer shall not contract with any person to act in the capacity of a title insurance agent with respect to risks located in this state unless the person is a licensed title insurance agent in this state pursuant to the Insurance Producers Licensing Act.
(2)(a) Every title insurance agent licensed in this state shall:
(i) Exclude or eliminate the word insurer or underwriter or similar term from its agency's name; and
(ii) Provide, in a timely fashion, each title insurer with which it places business any information the title insurer requests in order to comply with reporting requirements of the director.
(b) A title insurance agent licensed in this state immediately prior to September 13, 1997, shall be deemed on and after such date to be in compliance with the requirements of this subsection.
(3) The director shall require the title insurance agent and any bona fide employee of the title insurance agent handling escrow or security deposits to maintain a surety bond, letter of credit, certificate of deposit, or deposit of cash or securities in an amount not less than one hundred thousand dollars covering all of the title insurance agent's employees.
(4) If the title insurance agent delegates the title search to a third party, the third party shall provide the title insurance agent and the title insurer with access to and the right to copy all accounts and records maintained by the third party with respect to title insurance business placed with the title insurer.
Source
Laws 1997, LB 53, § 32.
Cross References
Insurance Producers Licensing Act, see section 44-4047.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-19,110 - Examination of title insurance agents.

44-19,110.
Examination of title insurance agents.
The director may, during normal business hours, examine, audit, and inspect any and all books and records maintained by a title insurance agent under the provisions of the Title Insurance Agent Act. The title insurance agent shall reimburse the director for the expense of examination, audit, and inspection.
Source
Laws 1997, LB 53, § 33.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-19,111 - Prohibition of rebate and fee splitting.

44-19,111.
Prohibition of rebate and fee splitting.
A title insurance agent or other person shall not provide or receive, directly or indirectly, any consideration for the referral of title insurance business or escrow or other services provided by a title insurance agent.
Source
Laws 1997, LB 53, § 34.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-19,112 - Affiliated business provisions.

44-19,112.
Affiliated business provisions.
(1) Whenever title insurance business to be written constitutes affiliated business, prior to commencing the transaction, the title insurance agent shall ensure that its customer has been provided with a written disclosure of the existence of the affiliated business arrangement and a written estimate of the charge or range of charges generally made for the title insurance services provided by the title insurance agent.
(2) The director may establish rules for use by all title insurance agents in the recording and reporting of the title insurance agent's owners and of the title insurance agent's ownership interests in other persons or businesses and of material transactions between the parties.
(3) The director shall require each title insurance agent to file, on forms prescribed by the director, reports setting forth the names and addresses of those persons, if any, that have a financial interest in the title insurance agent and who the title insurance agent knows or has reason to believe are producers of title insurance business or associates of producers of title insurance business.
(4) Nothing in the Title Insurance Agent Act shall be construed as prohibiting affiliated business arrangements in the provision of title insurance business so long as:
(a) The title insurance agent or party making a referral constituting affiliated business, at or prior to the time of the referral, discloses the arrangement and, in connection with the referral, provides the person being referred with a written estimate of the charge or range of charges likely to be assessed and otherwise complies with the disclosure obligations of this section;
(b) The person being referred is not required to use a specified title insurance agent or title insurer; and
(c) The only thing of value that is received by the title insurance agent or party making the referral, other than payments otherwise permitted, is a return on an ownership interest. For purposes of this subsection, the terms required use and return on an ownership interest have the meaning accorded to them under the federal Real Estate Settlement Procedures Act of 1974, as amended, 12 U.S.C. 2601, and Regulation X, 24 C.F.R. 3500 et seq.
Source
Laws 1997, LB 53, § 35.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-19,113 - Favored agent of title insurer.

44-19,113.
Favored agent of title insurer.
A title insurance agent shall not participate in any transaction in which it knows that a producer of title insurance business or other person requires, directly or indirectly, or through a trustee, director, officer, agent, employee, or affiliate, as a condition, agreement, or understanding to selling or furnishing any other person a loan, loan extension, credit, sale, property, contract, lease, or service, that the other person place a title insurance policy of any kind with a particular title insurer or through a particular title insurance agent.
Source
Laws 1997, LB 53, § 36.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-19,115 - Title insurance commitment; notice.

44-19,115.
Title insurance commitment; notice.
(1) When constituting an offer to issue an owner's title insurance policy covering the resale of owner-occupied residential property, a title insurance commitment shall be furnished to the purchaser-mortgagor or its representative as soon as reasonably possible prior to closing. If the title insurance commitment cannot be delivered prior to the day of closing, the title insurance agent shall document the reasons for the delay.
(2) A title insurance agent issuing a lender's title insurance policy in conjunction with a mortgage loan made simultaneously with the purchase of all or part of the real estate securing the loan, when no owner's title insurance policy has been requested, shall give written notice, on a form prescribed or approved by the director, to the purchaser-mortgagor at the time the title insurance commitment is prepared. The notice shall explain that a lender's title insurance policy is to be issued protecting the mortgage lender and that the lender's title insurance policy does not provide title insurance protection to the purchaser-mortgagor as the owner of the property being purchased. The notice shall explain what a title insurance policy insures against and what possible exposures exist for the purchaser-mortgagor that could be insured against through the purchase of an owner's title insurance policy. The notice shall also explain that the purchaser-mortgagor may obtain an owner's title insurance policy protecting the property owner at a specified cost or approximate cost if the proposed coverages or amount of title insurance is not then known. A copy of the notice, signed by the purchaser-mortgagor, shall be retained in the relevant underwriting file at least five years after the effective date of the lender's title insurance policy.
Source
Laws 1997, LB 53, § 38;
Laws 1999, LB 259, § 6;
Laws 2001, LB 360, § 12.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-19,117 - Record retention requirements.

44-19,117.
Record retention requirements.
The title insurance agent shall maintain sufficient records of its affairs, including its escrow operations and escrow trust accounts, so that the director may adequately ensure that the title insurance agent is in compliance with all provisions of the Title Insurance Agent Act. The director may prescribe the specific record entries and documents to be kept and the length of time for which the records must be maintained.
Source
Laws 1997, LB 53, § 40.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-19,120 - Penalties and liabilities.

44-19,120.
Penalties and liabilities.
(1) If the director determines that a title insurance agent or any other person has violated the Title Insurance Agent Act or any rule or regulation adopted and promulgated pursuant to the act, after notice and opportunity to be heard, the director may order:
(a) A penalty not exceeding one thousand dollars for each violation; and
(b) Revocation or suspension of the title insurance agent's license.
(2) If an order of rehabilitation or liquidation of a title insurer has been entered pursuant to the Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act, and the receiver appointed under that order determines that a title insurance agent or any other person has not complied with the Title Insurance Agent Act or any related rule, regulation, or order, and the title insurer suffered any resulting loss or damage, the receiver may maintain a civil action for recovery of damages or other appropriate sanctions for the benefit of the title insurer and its policyholders and creditors.
(3) Nothing in this section shall affect the right of the director to impose any other penalties provided for in the insurance laws of this state.
(4) Nothing in the act is intended to or shall in any manner limit or restrict the rights of policyholders, claimants, and creditors.
Source
Laws 1997, LB 53, § 43.
Cross References
Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act, see section 44-4862.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-19,120.01 - Summary cease and desist order; authorized; procedure.

44-19,120.01.
Summary cease and desist order; authorized; procedure.
Whenever the director has reasonable cause to believe that a title insurance agent is violating the Title Insurance Agent Act or any rules and regulations adopted and promulgated thereunder, the director may, without notice, and before a hearing, issue a summary cease and desist order. At the same time the order is issued, the director shall serve notice to the title insurance agent of the reasons for such order and that the title insurance agent may request a hearing in writing within ten business days after receipt of the order. If a hearing is requested, the director shall schedule a hearing within ten business days after receipt of the request. The hearing shall be conducted in accordance with the Administrative Procedure Act. If a hearing is not requested and none is ordered by the director, the order shall remain in effect until modified or vacated by the director. Any title insurance agent aggrieved by a final order of the director may appeal the order. The appeal shall be in accordance with the Administrative Procedure Act. In the event of noncompliance with a summary cease and desist order, the director may cause a complaint to be filed in the district court to enforce the order.
Source
Laws 2004, LB 155, § 5.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-19,121 - Unfair trade practice.

44-19,121.
Unfair trade practice.
In addition to any other remedies available under the laws of this state, each violation of the Title Insurance Agent Act and any rules and regulations adopted and promulgated thereunder shall be an unfair trade practice in the business of insurance subject to the Unfair Insurance Trade Practices Act.
Source
Laws 1997, LB 53, § 44.
Cross References
Unfair Insurance Trade Practices Act, see section 44-1521.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-19,122 - Violations of Real Estate Settlement Procedures Act of 1974.

44-19,122.
Violations of Real Estate Settlement Procedures Act of 1974.
The director or Attorney General may bring an action in a court of competent jurisdiction to enjoin violations of the federal Real Estate Settlement Procedures Act of 1974, 12 U.S.C. 2601.
Source
Laws 1997, LB 53, § 45.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-19,123 - Applicability of act.

44-19,123.
Applicability of act.
The Title Insurance Agent Act applies to all activities or agreements of a title insurance agent engaged in or entered into on or after September 13, 1997. The title insurance agent shall amend all existing agreements to comply with section 44-19,114 within sixty days after September 13, 1997.
Source
Laws 1997, LB 53, § 46.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2001 - Act; purpose.

44-2001.
Act; purpose.
The purpose of the Unauthorized Insurers Act is to subject certain insurers to the jurisdiction of the Department of Insurance and the courts of this state in administrative proceedings and in suits by or on behalf of the state. The Legislature declares that it is concerned with the protection of residents of this state against acts by insurers not authorized to do an insurance business in this state, by the maintenance of fair and honest insurance markets, by protecting authorized insurers which are subject to regulation from unfair competition by unauthorized insurers, and by protecting against the evasion of the insurance regulatory laws of this state. In furtherance of such state interest, the Legislature exercises its powers to protect residents of this state and to define what constitutes transacting an insurance business in this state and also exercises powers and privileges available to this state by virtue of Public Law 79-15, 79th Congress of the United States, Chapter 20, 1st Session, S. 340, 59 Stat. 33; 15 U.S.C. 1011 to 1015 inclusive, as amended, which declares that the business of insurance and every person engaged therein shall be subject to the laws of the several states.
Source
Laws 1969, c. 351, § 1, p. 1222;
Laws 1983, LB 447, § 64;
Laws 1995, LB 162, § 3.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2003 - Certificate of authority; failure to procure; violation; injunction; cease and desist order; appeal.

44-2003.
Certificate of authority; failure to procure; violation; injunction; cease and desist order; appeal.
(1) Whenever the Director of Insurance believes, from evidence satisfactory to him or her, that any insurer is violating or about to violate section 44-2002, the director may, through the Attorney General, cause a complaint to be filed in the district court to enjoin and restrain such insurer from continuing such violation or engaging therein or doing any act in furtherance thereof. The court shall have jurisdiction of the proceeding and shall have the power to make and enter an order or judgment awarding such preliminary or final injunctive relief as in its judgment is proper.
(2) Whenever the Director of Insurance believes that any insurer is violating or about to violate section 44-2002, the director may, without notice, and before a hearing, issue a summary cease and desist order. At the same time the order is issued, the director shall serve notice to the insurer of the reasons for such order and that the insurer may request a hearing in writing within ten business days after receipt of the order. If a hearing is requested, the director shall schedule a hearing within ten business days after receipt of the request. The hearing shall be conducted in accordance with the Administrative Procedure Act. If a hearing is not requested and none is ordered by the director, the order shall remain in effect until modified or vacated by the director. Any insurer aggrieved by a final order of the director may appeal the order. The appeal shall be in accordance with the Administrative Procedure Act. In the event of noncompliance with a summary cease and desist order, the director may, through the Attorney General, cause a complaint to be filed in the district court to enforce the order. For purposes of this subsection, insurer shall include a person or other entity.
Source
Laws 1969, c. 351, § 3, p. 1226;
Laws 1995, LB 162, § 4.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2004 - Personal jurisdiction.

44-2004.
Personal jurisdiction.
Any act of transacting an insurance business as set forth in section 44-2002 by any unauthorized insurer shall constitute sufficient contact with this state for the exercise of personal jurisdiction over such insurer in any action, suit, or proceeding in any court by the Director of Insurance or by the state or in any proceeding before the director and which arises out of transacting an insurance business in this state by such insurer.
Source
Laws 1969, c. 351, § 4, p. 1226;
Laws 1983, LB 447, § 65.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2005 - Unauthorized insurer; court action; requirements.

44-2005.
Unauthorized insurer; court action; requirements.
(1) Before any unauthorized insurer files or causes to be filed any pleading or other response in any court action, suit, or proceeding or in any such administrative proceeding before the Director of Insurance instituted against such person or insurer, by services made as provided in section 44-2004, such insurer shall either:
(a) Deposit with the clerk of the court in which such action, suit, or proceeding is pending, or with the Director of Insurance in administrative proceedings before the director, cash or securities, or file with such clerk of the court or director a bond with good and sufficient sureties, to be approved by the clerk or director in an amount to be fixed by the court or director sufficient to secure the payment of any final judgment which may be rendered in such action or administrative proceeding; or
(b) Procure a certificate of authority to transact the business of insurance in this state. In considering the application of an insurer for a certificate of authority, for the purposes of this subsection, the Director of Insurance need not assert the provisions of Chapter 44, against such insurer with respect to its application if he determines that such company would otherwise comply with the requirements for such certificate of authority.
(2) The Director of Insurance, in any administrative proceeding in which service is made as provided in section 44-2004, may in his discretion, order such postponement as may be necessary to afford the defendant reasonable opportunity to comply with the provisions of subsection (1) of this section and to defend such action.
(3) Nothing in subsection (1) of this section shall be construed to prevent an unauthorized insurer from filing a motion to quash a writ or to set aside service thereof made in the manner provided in section 44-2004, on the ground that such unauthorized insurer has not done any of the acts enumerated in section 44-2002.
Source
Laws 1969, c. 351, § 5, p. 1228.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2007 - Violations; penalty.

44-2007.
Violations; penalty.
Any unauthorized insurer who transacts any unauthorized act of an insurance business as set forth in sections 44-2001 to 44-2008 shall be guilty of a Class I misdemeanor.
Source
Laws 1969, c. 351, § 7, p. 1231;
Laws 1977, LB 40, § 247.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2008 - Act, how cited.

44-2008.
Act, how cited.
Sections 44-2001 to 44-2008 shall be known and may be cited as the Unauthorized Insurers Act.
Source
Laws 1969, c. 351, § 8, p. 1231;
Laws 1989, LB 92, § 188;
Laws 1993, LB 583, § 82.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2009 - Act, how cited.

44-2009.
Act, how cited.
Sections 44-2009 to 44-2013 shall be known and may be cited as the Unauthorized Insurers Process Act.
Source
Laws 1949, c. 134, § 7, p. 353;
R.S.1943, (1988), § 44-137.10;
Laws 1989, LB 92, § 27.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2010 - Act; legislative purpose.

44-2010.
Act; legislative purpose.
The purpose of the Unauthorized Insurers Process Act is to subject certain insurers to the jurisdiction of courts of this state in suits by or on behalf of insureds or beneficiaries under insurance contracts. The Legislature declares that it is a subject of concern that many residents of this state hold policies of insurance issued or delivered in this state by insurers while such insurers are not authorized to do business in this state, thus presenting to such residents the often insuperable obstacle of resorting to distant forums for the purpose of asserting legal rights under such policies. In furtherance of such state interest, the Legislature exercises its power to protect its residents.
Source
Laws 1949, c. 134, § 1, p. 350;
Laws 1983, LB 447, § 54;
R.S.1943, (1988), § 44-137.01;
Laws 1989, LB 92, § 25.
Annotations
Purpose of this act, entitled Unauthorized Insurers Process Act (§§ 44-137.01 through 44-137.10), is to protect residents of this state from having to resort to distant forums to assert legal rights; act is constitutional. Abel v. Southwest Cas. Ins. Co., 182 Neb. 605, 156 N.W.2d 166 (1968).
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2011 - Unauthorized insurers; personal jurisdiction.

44-2011.
Unauthorized insurers; personal jurisdiction.
Any of the following systematic or continuous acts in this state, effected by mail or otherwise, by an unauthorized foreign or alien insurer: (1) The issuance or delivery of contracts of insurance to residents of this state or to corporations authorized to do business therein, (2) the solicitation of applications for such contracts, (3) the collection of premiums, membership fees, assessments, or other considerations for such contracts, (4) the investigation or payment of claims, or (5) any other transaction of business shall constitute sufficient contact with this state for the exercise of personal jurisdiction over such foreign or alien insurer in any action, suit, or proceeding instituted by or on behalf of an insured or beneficiary arising out of any such activities.
Source
Laws 1949, c. 134, § 2, p. 350;
Laws 1983, LB 447, § 55;
R.S.1943, (1988), § 44-137.02.
Annotations
Conditions of this section met where contractor, with insurer's authorization, included general guaranty bond in individual construction contracts which were solicited in this state. Abel v. Southwest Cas. Ins. Co., 182 Neb. 605, 156 N.W.2d 166 (1968).
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2012 - Action; attorney fee; allowance.

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