reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4838 - Third-party claims.

44-4838.
Third-party claims.
(1) Whenever any third party asserts a cause of action against an insured of an insurer in liquidation, the third party may file a claim with the liquidator.
(2) Whether or not the third party files a claim, the insured may file a claim on his or her own behalf in the liquidation. If the insured fails to file a claim by the date for filing claims specified in the order of liquidation or within sixty days after mailing of the notice required by section 44-4822, whichever is later, he or she is an unexcused late filer.
(3) The liquidator shall make his or her recommendations to the court under section 44-4842 for the allowance of an insured's claim under subsection (2) of this section after consideration of the probable outcome of any pending action against the insured on which the claim is based, the probable damages recoverable in the action, and the probable costs and expenses of defense. After allowance by the court, the liquidator shall withhold any dividends payable on the claim pending the outcome of litigation and negotiation with the insured. Whenever it seems appropriate, the liquidator shall reconsider the claim on the basis of additional information and amend his or her recommendations to the court. The insured shall be afforded the same notice and opportunity to be heard on all changes in the recommendation as in its initial determination. The court may amend its allowance as it thinks appropriate. As claims against the insured are settled or barred, the insured shall be paid from the amount withheld the same percentage dividend as was paid on other claims of like property based on the lesser of (a) the amount actually recovered from the insured by action or paid by agreement plus the reasonable costs and expenses of defense or (b) the amount allowed on the claims by the court. After all claims are settled or barred, any sum remaining from the amount withheld shall revert to the undistributed assets of the insurer. Delay in final payment under this subsection shall not be a reason for unreasonable delay of final distribution and discharge of the liquidator.
(4) If several claims founded upon one policy are filed, whether by third parties or as claims by the insured under this section, and the aggregate allowed amount of the claims to which the same limit of liability in the policy is applicable exceeds that limit, each claim as allowed shall be reduced in the same proportion so that the total equals the policy limit. Claims by the insured shall be evaluated as in subsection (3) of this section. If any insured's claim is subsequently reduced under subsection (3) of this section, the amount thus freed shall be apportioned ratably among the claims which have been reduced under this subsection.
(5) No claim may be presented under this section if it is or may be covered by any guaranty association or foreign guaranty association.
Source
Laws 1989, LB 319, § 38.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4839 - Disputed claims.

44-4839.
Disputed claims.
(1) When a claim is denied in whole or in part by the liquidator, written notice of the determination shall be given to the claimant or his or her attorney by first-class mail at the address shown in the proof of claim. Within sixty days from the mailing of the notice, the claimant may file his or her objections with the liquidator. If no such filing is made, the claimant may not further object to the determination.
(2) Whenever objections are filed with the liquidator and the liquidator does not alter his or her denial of the claim as a result of the objections, the liquidator shall ask the court for a hearing as soon as practicable and give notice of the hearing by first-class mail to the claimant or his or her attorney and to any other persons directly affected not less than ten or more than thirty days before the date of the hearing. The matter may be heard by the court or by a court-appointed referee who shall submit findings of fact along with his or her recommendation.
Source
Laws 1989, LB 319, § 39.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4840 - Claims of surety.

44-4840.
Claims of surety.
Whenever a creditor whose claim against an insurer is secured in whole or in part by the undertaking of another person fails to prove and file the claim, the other person may do so in the creditor's name and shall be subrogated to the rights of the creditor, whether the claim has been filed by the creditor or by the other person in the creditor's name, to the extent that he or she discharges the undertaking. In the absence of an agreement with the creditor to the contrary, the other person shall not be entitled to any distribution until the amount paid to the creditor on the undertaking plus the distributions paid on the claim from the insurer's estate to the creditor equals the amount of the entire claim of the creditor. Any excess received by the creditor shall be held by him or her in trust for such other person. The term other person as used in this section shall not apply to a guaranty association or foreign guaranty association.
Source
Laws 1989, LB 319, § 40.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4841 - Secured creditor's claims.

44-4841.
Secured creditor's claims.
(1) The value of any security held by a secured creditor shall be determined in one of the following ways, as the court may direct:
(a) By converting the same into money according to the terms of the agreement pursuant to which the security was delivered to such creditors; or
(b) By agreement, arbitration, compromise, or litigation between the creditor and the liquidator.
(2) The determination shall be under the supervision and control of the court with due regard for the recommendation of the liquidator. The amount so determined shall be credited upon the secured claim, and any deficiency shall be treated as an unsecured claim. If the claimant surrenders his or her security to the liquidator, the entire claim shall be allowed as if unsecured.
Source
Laws 1989, LB 319, § 41.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4842.01 - Claims allowed under separate account policies, contracts, or agreements; how treated.

44-4842.01.
Claims allowed under separate account policies, contracts, or agreements; how treated.
(1) Every claim allowed under a separate account policy, contract, or agreement providing, in effect, that the assets allocated to the separate account are not chargeable with liabilities arising out of any other business of the life insurer, shall be satisfied out of the assets properly allocated to and maintained in the separate account, equal to the reserves maintained in the separate account for the policies, contracts, or agreements. No liabilities of the insurer arising out of any other business of the insurer shall be satisfied from assets properly allocated to and maintained in a separate account except from any assets allocated to the separate account that exceed the reserves under the separate account policies, contracts, or agreements. Any valid and allowed claim for contractual benefits that cannot be satisfied out of the assets properly allocated to and maintained in a separate account shall be included as a claim against the general account as set forth in subdivision (2) of section 44-4842.
(2) Notwithstanding any other provision of law, to the extent that any assets of a life insurer, other than those assets properly allocated to, and maintained in, a separate account, have been used to fund or pay any expenses, taxes, or policyholder benefits that are attributable to a separate account policy, contract, or agreement that should have been paid by a separate account prior to the commencement of delinquency proceedings, then upon the commencement of delinquency proceedings, the separate accounts that benefited from this payment or funding shall first be used to repay or reimburse the insurer's general assets or account for any unreimbursed net sums due at the commencement of delinquency proceedings prior to the application of the separate account assets to the satisfaction of liabilities of the corresponding separate account policies, contracts, and agreements.
(3) For purposes of this section, separate account policies, contracts, or agreements means any policies, contracts, or agreements that provide for separate accounts as contemplated by sections 44-402.01 to 44-402.05 or section 44-708.
Source
Laws 2004, LB 1047, § 16.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4843 - Liquidator's recommendations to the court.

44-4843.
Liquidator's recommendations to the court.
(1) The liquidator shall review all claims duly filed in the liquidation and shall make such further investigation as he or she deems necessary. He or she may compound, compromise, or in any other manner negotiate the amount for which claims will be recommended to the court except when the liquidator is required by law to accept claims as settled by any person or organization, including any guaranty association or foreign guaranty association. Unresolved disputes shall be determined under section 44-4839. As soon as practicable, the liquidator shall present to the court a report of the claims against the insurer with his or her recommendations. The report shall include the name and address of each claimant and the amount of the claim finally recommended, if any. If the insurer has issued annuities or life insurance policies, the liquidator shall report the persons to whom, according to the records of the insurer, amounts are owed as cash surrender values or other investment value and the amounts owed.
(2) The court may approve, disapprove, or modify the report on claims by the liquidator. Such reports as are not modified by the court within a period of sixty days following submission by the liquidator shall be treated by the liquidator as allowed claims, subject thereafter to later modification or to rulings made by the court pursuant to section 44-4839. No claim under a policy of insurance shall be allowed for an amount in excess of the applicable policy limits.
Source
Laws 1989, LB 319, § 43.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4844 - Distribution of assets.

44-4844.
Distribution of assets.
Under the direction of the court, the liquidator shall pay distributions in a manner that will assure the proper recognition of priorities and a reasonable balance between the expeditious completion of the liquidation and the protection of unliquidated and undetermined claims, including third-party claims. Distribution of assets in kind may be made at valuations set by agreement between the liquidator and the creditor and approved by the court.
Source
Laws 1989, LB 319, § 44.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4845 - Unclaimed and withheld funds.

44-4845.
Unclaimed and withheld funds.
(1) All unclaimed funds subject to distribution remaining in the liquidator's hands when he or she is ready to apply to the court for discharge, including the amount distributable to any creditor, shareholder, member, or other person who is unknown or cannot be found, shall be deposited with the district court and shall be paid without interest, except in accordance with section 44-4842, to the person entitled thereto or his or her legal representative upon proof satisfactory to the district court of his or her right thereto. Any amount on deposit not claimed within three years from the date such amount was paid to the district court shall be presumed abandoned and shall be subject to the Uniform Disposition of Unclaimed Property Act.
(2) All funds withheld under section 44-4838 and not distributed shall, upon discharge of the liquidator, be deposited with the district court and paid by the district court in accordance with section 44-4842. Any sums remaining which under section 44-4842 would revert to the undistributed assets of the insurer shall be presumed abandoned and shall be subject to the act.
Source
Laws 1989, LB 319, § 45.
Cross References
Uniform Disposition of Unclaimed Property Act, see section 69-1329.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4846 - Termination of proceedings.

44-4846.
Termination of proceedings.
(1) When all assets justifying the expense of collection and distribution have been collected and distributed under the Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act, the liquidator shall apply to the court for discharge. The court may grant the discharge and make any other orders, including an order to transfer any remaining funds that are uneconomical to distribute, as may be deemed appropriate.
(2) Any other person may apply to the court at any time for an order under subsection (1) of this section. If the application is denied, the applicant shall pay the costs and expenses of the liquidator in resisting the application, including reasonable attorney's fees.
Source
Laws 1989, LB 319, § 46.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4847 - Reopening liquidation.

44-4847.
Reopening liquidation.
After the liquidation proceeding has been terminated and the liquidator discharged, the director or other interested party may at any time petition the district court of Lancaster County to reopen the proceedings for good cause, including the discovery of additional assets. If the court is satisfied that there is justification for reopening, it shall so order.
Source
Laws 1989, LB 319, § 47.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4848 - Records; disposition.

44-4848.
Records; disposition.
Whenever it appears to the director that the records of any insurer in process of liquidation or completely liquidated are no longer useful, he or she may recommend to the court and the court shall direct what records should be retained for future reference and what should be destroyed.
Source
Laws 1989, LB 319, § 48.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4849 - Receiver; audit.

44-4849.
Receiver; audit.
The district court of Lancaster County may cause audits to be made of the books of the director relating to any receivership established under the Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act, and a report of each audit shall be filed with the director and with the court. The books, records, and other documents of the receivership shall be made available to the auditor at any time without notice. The expense of each audit shall be considered a cost of administration of the receivership.
Source
Laws 1989, LB 319, § 49.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4850 - Conservation of property of foreign or alien insurers.

44-4850.
Conservation of property of foreign or alien insurers.
(1) If a domiciliary liquidator has not been appointed, the director may apply to the district court of Lancaster County by verified petition for an order directing him or her to act as conservator to conserve the property of an alien insurer not domiciled in this state or a foreign insurer on any one or more of the following grounds:
(a) Any of the grounds in section 44-4812;
(b) That any of its property has been sequestered by official action in its domiciliary state or in any other state;
(c) That enough of its property has been sequestered in a foreign country to give reasonable cause to believe that the insurer is or may become insolvent; or
(d)(i) That its certificate of authority to do business in this state has been revoked or that none was ever issued; and
(ii) That there are residents of this state with outstanding claims against or outstanding policies issued by such insurer.
(2) When an order is sought under subsection (1) of this section, the court shall cause the insurer to be given such notice and time to respond thereto as is reasonable under the circumstances.
(3) The court may issue the order in whatever terms it deems appropriate. The filing or recording of the order with the clerk of the district court or the register of deeds of the county in which the principal business of the company is located shall impart the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with that register of deeds would have imparted.
(4) The conservator may at any time petition for and the court may grant an order under section 44-4851 to liquidate assets of a foreign or alien insurer under conservation or, if appropriate, for an order under section 44-4853 to be appointed ancillary receiver.
(5) The conservator may at any time petition the court for an order terminating conservation of an insurer. If the court finds that the conservation is no longer necessary, it shall order that the insurer be restored to possession of its property and the control of its business. The court may also make such finding and issue such order at any time upon motion of any interested party, but if such motion is denied all costs shall be assessed against such party.
Source
Laws 1989, LB 319, § 50.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4851 - Liquidation of property of foreign or alien insurers.

44-4851.
Liquidation of property of foreign or alien insurers.
(1) If no domiciliary receiver has been appointed, the director may apply to the district court of Lancaster County by verified petition for an order directing him or her to liquidate the assets found in this state of a foreign insurer or an alien insurer not domiciled in this state on any of the following grounds:
(a) Any of the grounds in section 44-4812 or 44-4817; or
(b) Any of the grounds specified in subdivisions (1)(b) through (d) of section 44-4850.
(2) When an order is sought under subsection (1) of this section, the court shall cause the insurer to be given such notice and time to respond thereto as is reasonable under the circumstances.
(3) If it appears to the court that the best interests of insureds, creditors, and the public require, the court may issue an order to liquidate in whatever terms it deems appropriate. The filing or recording of the order with the clerk of the district court or the register of deeds of the county in which the principal business of the company is located or the county in which its principal office or place of business is located shall impart the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with that register of deeds would have imparted.
(4) If a domiciliary liquidator is appointed in a reciprocal state while a liquidation is proceeding under this section, the liquidator under this section shall thereafter act as ancillary receiver under section 44-4853. If a domiciliary liquidator is appointed in a nonreciprocal state while a liquidation is proceeding under this section, the liquidator under this section may petition the court for permission to act as ancillary receiver under section 44-4853.
(5) On the same grounds as are specified in subsection (1) of this section, the director may petition any appropriate federal district court to be appointed receiver to liquidate that portion of the insurer's assets and business over which the court will exercise jurisdiction or any lesser part thereof that the director deems desirable for the protection of the insureds and creditors in this state.
(6) The court may order the director, when he or she has liquidated the assets of a foreign or alien insurer under this section, to pay claims of residents of this state against the insurer under such rules as to the liquidation of insurers under the Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act as are otherwise compatible with the provisions of this section.
Source
Laws 1989, LB 319, § 51;
Laws 1991, LB 236, § 82.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4852 - Domiciliary liquidators in other states; claims of residents.

44-4852.
Domiciliary liquidators in other states; claims of residents.
(1) The domiciliary liquidator of an insurer domiciled in a reciprocal state shall, except as to special deposits and security on secured claims under subsection (3) of section 44-4853, be vested by operation of law with the title to all of the assets, property, contracts, and rights of action, agents' balances, and all of the books, accounts, and other records of the insurer located in this state. The date of vesting shall be the date of the filing of the petition if that date is specified by the domiciliary law for the vesting of property in the domiciliary state. Otherwise, the date of vesting shall be the date of entry of the order directing possession to be taken. The domiciliary liquidator shall have the immediate right to recover balances due from agents and to obtain possession of the books, accounts, and other records of the insurer located in this state. He or she also shall have the right to recover all other assets of the insurer located in this state subject to section 44-4853.
(2) If a domiciliary liquidator is appointed for an insurer not domiciled in a reciprocal state, the director shall be vested by operation of law with the title to all of the property, contracts, and rights of action and all of the books, accounts, and other records of the insurer located in this state at the same time that the domiciliary liquidator is vested with title in the domicile. The director may petition for a conservation or liquidation order under section 44-4850 or 44-4851 or for an ancillary receivership under section 44-4853 or, after approval by the district court of Lancaster County, may transfer title to the domiciliary liquidator as the interests of justice and the equitable distribution of the assets require.
(3) Claimants residing in this state may file claims with the liquidator or ancillary receiver, if any, in this state or with the domiciliary liquidator if the domiciliary law permits. The claims shall be filed on or before the last date fixed for the filing of claims in the domiciliary liquidation proceedings.
Source
Laws 1989, LB 319, § 52.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4853 - Ancillary formal proceedings.

44-4853.
Ancillary formal proceedings.
(1) If a domiciliary liquidator has been appointed for an insurer not domiciled in this state, the director may file a petition with the district court of Lancaster County requesting appointment as ancillary receiver in this state:
(a) If he or she finds that there are sufficient assets of the insurer located in this state to justify the appointment of an ancillary receiver; or
(b) If the protection of insureds or creditors in this state so requires.
(2) The court may issue an order appointing an ancillary receiver in whatever terms it deems appropriate. The filing or recording of the order with the register of deeds in this state imparts the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with that register of deeds.
(3) When a domiciliary liquidator has been appointed in a reciprocal state, then the ancillary receiver appointed in this state may, whenever necessary, aid and assist the domiciliary liquidator in recovering assets of the insurer located in this state. The ancillary receiver shall, as soon as practicable, liquidate from their respective securities those special deposit claims and secured claims which are proved and allowed in the ancillary proceedings in this state and shall pay the necessary expenses of the proceedings. He or she shall promptly transfer all remaining assets, books, accounts, and records to the domiciliary liquidator. Subject to this section, the ancillary receiver and his or her deputies shall have the same powers and be subject to the same duties with respect to the administration of assets as a liquidator of an insurer domiciled in this state.
(4) When a domiciliary liquidator has been appointed in this state, ancillary receivers appointed in reciprocal states shall have, as to assets and books, accounts, and other records in their respective states, corresponding rights, duties, and powers to those provided in subsection (3) of this section for ancillary receivers appointed in this state.
Source
Laws 1989, LB 319, § 53;
Laws 1991, LB 236, § 83.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4854 - Ancillary summary proceedings.

44-4854.
Ancillary summary proceedings.
The director may institute proceedings under sections 44-4809 to 44-4811 at the request of the director, commissioner, or equivalent official of the domiciliary state of any foreign or alien insurer having property located in this state.
Source
Laws 1989, LB 319, § 54;
Laws 1990, LB 984, § 9.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4855 - Claims of nonresidents against insurers domiciled in this state.

44-4855.
Claims of nonresidents against insurers domiciled in this state.
(1) In a liquidation proceeding begun in this state against an insurer domiciled in this state, claimants residing in foreign countries or in states which are not reciprocal states shall file claims in this state and claimants residing in reciprocal states may file claims either with the ancillary receivers, if any, in their respective states or with the domiciliary liquidator. Claims shall be filed on or before the last date fixed for the filing of claims in the domiciliary liquidation proceeding.
(2) Claims belonging to claimants residing in reciprocal states may be proved either in the liquidation proceeding in this state as provided in the Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act or in ancillary proceedings, if any, in the reciprocal states. If notice of the claims and opportunity to appear and be heard is afforded the domiciliary liquidator of this state as provided in subsection (2) of section 44-4856 with respect to ancillary proceedings, the final allowance of claims by the courts in ancillary proceedings in reciprocal states shall be conclusive as to amount and as to priority against special deposits or other security located in such ancillary states but shall not be conclusive with respect to priorities against general assets under section 44-4842.
Source
Laws 1989, LB 319, § 55.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4856 - Claims of residents against insurers domiciled in reciprocal states.

44-4856.
Claims of residents against insurers domiciled in reciprocal states.
(1) In a liquidation proceeding in a reciprocal state against an insurer domiciled in that state, claimants against the insurer who reside within this state may file claims either with the ancillary receiver, if any, in this state or with the domiciliary liquidator. Claims shall be filed on or before the last date fixed for the filing of claims in the domiciliary liquidation proceeding.
(2) Claims belonging to claimants residing in this state may be proved either in the domiciliary state under the law of that state or in ancillary proceedings, if any, in this state. If a claimant elects to prove his or her claim in this state, he or she shall file his or her claim with the liquidator in the manner provided in sections 44-4835 and 44-4836. The ancillary receiver shall make his or her recommendation to the court as under section 44-4843. He or she shall also arrange a date for hearing if necessary under section 44-4839 and shall give notice to the liquidator in the domiciliary state, either by certified mail or by personal service, at least forty days prior to the date set for hearing. If the domiciliary liquidator, within thirty days after the giving of such notice, gives notice in writing to the ancillary receiver and to the claimant, either by certified mail or by personal service, of his or her intention to contest the claim, he or she shall be entitled to appear or to be represented in any proceeding in this state involving the adjudication of the claim.
(3) The final allowance of the claim by the courts of this state shall be accepted as conclusive as to amount and as to priority against special deposits or other security located in this state.
Source
Laws 1989, LB 319, § 56.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4857 - Attachment, garnishment, and levy of execution.

44-4857.
Attachment, garnishment, and levy of execution.
During the pendency in this or any other state of a liquidation proceeding, whether called by that name or not, no action or proceeding in the nature of an attachment, garnishment, or levy of execution shall be commenced or maintained in this state against the delinquent insurer or its assets.
Source
Laws 1989, LB 319, § 57.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4858 - Interstate priorities.

44-4858.
Interstate priorities.
(1) In a liquidation proceeding in this state involving one or more reciprocal states, the order of distribution of the domiciliary state shall control as to all claims of residents of this and reciprocal states. All claims of residents of reciprocal states shall be given equal priority of payment from general assets regardless of where such assets are located.
(2) The owners of special deposit claims against an insurer for which a liquidator is appointed in this or any other state shall be given priority against the special deposits in accordance with the statutes governing the creation and maintenance of the deposits. If there is a deficiency in any deposit so that the claims secured by it are not fully discharged from it, the claimants may share in the general assets, but the sharing shall be deferred until general creditors and also claimants against other special deposits who have received smaller percentages from their respective special deposits have been paid percentages of their claims equal to the percentage paid from the special deposit.
(3) The owner of a secured claim against an insurer for which a liquidator has been appointed in this or any other state may surrender his or her security and file his or her claim as a general creditor or the claim may be discharged by resort to the security in accordance with section 44-4841, in which case the deficiency, if any, shall be treated as a claim against the general assets of the insurer on the same basis as claims of unsecured creditors.
Source
Laws 1989, LB 319, § 58.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4859 - Subordination of claims for noncooperation.

44-4859.
Subordination of claims for noncooperation.
If an ancillary receiver in another state or foreign country, whether called by that name or not, fails to transfer to the domiciliary liquidator in this state any assets within his or her control other than special deposits, diminished only by the expenses of the ancillary receivership, if any, the claims filed in the ancillary receivership, other than special deposit claims or secured claims, shall be placed in the class of claims under subdivision (8) of section 44-4842.
Source
Laws 1989, LB 319, § 59;
Laws 2002, LB 1139, § 27.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4860 - Continuation of proceedings under prior law.

44-4860.
Continuation of proceedings under prior law.
Every proceeding commenced under the laws in effect before May 26, 1989, shall be deemed to have commenced under the Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act for the purpose of conducting the proceeding henceforth, except that in the discretion of the director the proceeding may be continued, in whole or in part, as it would have been continued had the act not been enacted.
Source
Laws 1989, LB 319, § 60.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4861 - Rules and regulations.

44-4861.
Rules and regulations.
The director shall adopt and promulgate rules and regulations to carry out the Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act.
Source
Laws 1989, LB 319, § 61;
Laws 1991, LB 236, § 84.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4862 - Act, how cited.

44-4862.
Act, how cited.
Sections 44-4801 to 44-4862 shall be known and may be cited as the Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act.
Source
Laws 1991, LB 236, § 85;
Laws 2004, LB 1047, § 17;
Laws 2011, LB72, § 8.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4902 - Terms, defined.

44-4902.
Terms, defined.
For purposes of the Managing General Agents Act:
(1) Actuary means a person who is a member in good standing of the American Academy of Actuaries;
(2) Business entity means a corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity;
(3) Director means the Director of Insurance;
(4) Insurer means any person duly licensed in this state as an insurance company pursuant to Chapter 44;
(5) Managing general agent means any person who manages all or part of the insurance business of an insurer, including the management of a separate division, department, or underwriting office, and acts as an agent for such insurer, whether known as a managing general agent, manager, or other similar term, who, with or without the authority, either separately or together with affiliates, produces, directly or indirectly, and underwrites in any one quarter or year an amount of gross direct written premium equal to or more than five percent of the policyholders surplus as reported in the last annual statement of the insurer in any one quarter or year and who (a) adjusts or pays claims in excess of ten thousand dollars or (b) negotiates reinsurance on behalf of the insurer. Managing general agent does not include an attorney in fact for a reciprocal or interinsurance exchange under a power of attorney, an employee of the insurer, a United States manager of the United States branch of an alien insurer, or an underwriting manager who, pursuant to contract, manages all or part of the insurance operations of the insurer, is under common control with the insurer, and is subject to the Insurance Holding Company System Act and whose compensation is not based on the volume of premiums written;
(6) Person means an individual or a business entity; and
(7) Underwrite means the authority to accept or reject risk on behalf of the insurer.
Source
Laws 1990, LB 1136, § 113;
Laws 1991, LB 236, § 86;
Laws 1993, LB 583, § 108;
Laws 2006, LB 875, § 7.
Cross References
Insurance Holding Company System Act, see section 44-2120.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4903 - License; requirements.

44-4903.
License; requirements.
No person shall act in the capacity of a managing general agent with respect to risks located in this state for an insurer licensed in this state unless such person is licensed in accordance with the Insurance Producers Licensing Act. No person shall act in the capacity of a managing general agent representing an insurer domiciled in this state with respect to risks located outside this state unless such person is licensed in accordance with such act.
Source
Laws 1990, LB 1136, § 114;
Laws 2006, LB 875, § 8.
Cross References
Insurance Producers Licensing Act, see section 44-4047.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4905 - Managing general agent; prohibited acts.

44-4905.
Managing general agent; prohibited acts.
The managing general agent shall not:
(1) Bind reinsurance or retrocessions on behalf of the insurer, except that the managing general agent may bind facultative reinsurance contracts pursuant to obligatory facultative agreements if the contract with the insurer contains reinsurance underwriting guidelines, including, for both reinsurance assumed and ceded, a list of reinsurers with which such automatic agreements are in effect, the coverages and amounts or percentages that may be reinsured, and commission schedules;
(2) Commit the insurer to participate in insurance or reinsurance syndicates;
(3) Appoint any agent or broker without assuring that the agent or broker is lawfully licensed to transact the type of insurance for which he or she is appointed;
(4) Without prior approval of the insurer, pay or commit the insurer to pay a claim over a specified amount, net of reinsurance, which shall not exceed one percent of the insurer's policyholders surplus as of December 31 of the last-completed calendar year;
(5) Collect any payment from a reinsurer or commit the insurer to any claim settlement with a reinsurer without prior approval of the insurer. If prior approval is given, a report shall be promptly forwarded to the insurer;
(6) Permit subagents or subbrokers of the insurer appointed by the managing general agent to serve on the insurer's board of directors;
(7) Jointly employ an individual who is employed by the insurer; or
(8) Appoint a submanaging general agent.
Source
Laws 1990, LB 1136, § 116;
Laws 1993, LB 583, § 109.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4907 - Acts of agent; how treated; examination authority.

44-4907.
Acts of agent; how treated; examination authority.
The acts of the managing general agent are considered to be the acts of the insurer on whose behalf it is acting. A managing general agent may be examined by the department as if it were the insurer.
Source
Laws 1990, LB 1136, § 118;
Laws 2006, LB 875, § 11.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4908 - Violations; penalties; action for damages; construction of act.

44-4908.
Violations; penalties; action for damages; construction of act.
(1) If the director determines that the managing general agent or any other person has not materially complied with the Managing General Agents Act, any rule or regulation adopted or promulgated thereunder, or any order issued thereunder, after notice and opportunity to be heard in accordance with the Administrative Procedure Act, the director may:
(a) For each separate violation, order a penalty in an amount not exceeding five thousand dollars;
(b) Order revocation or suspension of the agent's or broker's license; and
(c) If it was found that because of such material noncompliance that the insurer has suffered any loss or damage, maintain a civil action brought by or on behalf of the insurer and its policyholders and creditors for recovery of damages for the benefit of the insurer and its policyholders and creditors and other appropriate relief.
(2) If an order of rehabilitation or liquidation of the insurer has been entered pursuant to the Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act, and the receiver appointed under the order determines that the managing general agent or any other person has not materially complied with the Managing General Agents Act, any rule or regulation adopted and promulgated thereunder, or any order issued thereunder, and the insurer suffered any loss or damage therefrom, the receiver may maintain a civil action for recovery of damages and other appropriate relief for the benefit of the insurer.
(3) This section shall not affect the right of the director to impose any other penalties provided for in Chapter 44.
(4) The Managing General Agents Act is not intended to and shall not in any manner limit or restrict the rights of policyholders, claimants, and auditors.
Source
Laws 1990, LB 1136, § 119;
Laws 1993, LB 583, § 110.
Cross References
Administrative Procedure Act, see section 84-920.
Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act, see section 44-4862.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4910 - Compliance with act; when.

44-4910.
Compliance with act; when.
No insurer may continue to utilize the services of a managing general agent on and after January 1, 1991, unless such utilization is in compliance with the Managing General Agents Act.
Source
Laws 1990, LB 1136, § 121.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-5002 - Legislative findings and declarations.

44-5002.
Legislative findings and declarations.
The Legislature finds and declares that:
(1) For a child impacted by hearing loss, his or her ability to develop language can be improved by the consistent use of a hearing aid;
(2) Private insurance benefits for children's hearing aids will ultimately provide long-term savings to the State of Nebraska by decreasing the need for special education services and increasing the academic success of children impacted by hearing loss; and
(3) In the long-term, implementation of the Children of Nebraska Hearing Aid Act will allow those impacted by the act to be more competitive in the workforce and less dependent on assistance from the state and federal governments.
Source
Laws 2019, LB15, § 2.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-5003 - Terms, defined.

44-5003.
Terms, defined.
For purposes of the Children of Nebraska Hearing Aid Act:
(1) Health insurance plan means a plan which includes dependent coverage for an insured child and which is delivered, issued for delivery, renewed, extended, or modified in this state. Health insurance plan includes any such group or individual sickness and accident insurance policy, health maintenance organization contract, subscriber contract, employee medical, surgical, or hospital care benefit plan, or self-funded employee benefit plan to the extent not preempted by federal law. Health insurance plan also includes any policy, contract, or plan offered or administered by the state or its political subdivisions. Health insurance plan does not include a group health plan offered by a small employer as defined in section 44-5260 or a policy providing coverage for a specified disease, accident-only coverage, hospital indemnity coverage, disability income coverage, Medicare supplement coverage, long-term care coverage, or other limited-benefit coverage;
(2) Hearing aid means an ear level or bone conduction hearing device intended to aid or improve the sense of hearing for a person with a hearing impairment. The term includes all parts, replacement parts, parts for repair, tubing, and ear molds;
(3) Hearing impairment means a hearing impairment diagnosed by an otolaryngologist with an auditory assessment completed by a licensed audiologist; and
(4) Insured child means an individual who is covered by a health insurance plan and less than nineteen years of age.
Source
Laws 2019, LB15, § 3.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-5004 - Health insurance plan; coverage required; items and services; exemption from act.

44-5004.
Health insurance plan; coverage required; items and services; exemption from act.
(1) Beginning January 1, 2020, except as provided in subsection (4) of this section and notwithstanding section 44-3,131, any health insurance plan delivered, issued for delivery, renewed, extended, or modified in this state shall provide coverage pursuant to the Children of Nebraska Hearing Aid Act to each insured child. Such coverage shall be subject to subsection (2) of this section and shall include, for each ear affected by a hearing impairment, the following items and services:
(a) A hearing aid purchased from a licensed audiologist with the medical clearance from an otolaryngologist and costs related to dispensing such hearing aid;
(b) Evaluation for a hearing aid;
(c) Fitting of a hearing aid;
(d) Programming of a hearing aid;
(e) Probe microphone measurements for verification that hearing aid gain and output meet the prescribed targets;
(f) Hearing aid repairs;
(g) Follow-up adjustments, servicing, and maintenance of a hearing aid;
(h) Ear mold impressions;
(i) Ear molds; and
(j) Auditory rehabilitation and training.
(2)(a) Except as otherwise provided in this subsection, the items and services listed in subsection (1) of this section shall be covered on a continual basis to the extent that benefits paid for such items and services during the immediately preceding forty-eight-month period have not exceeded three thousand dollars.
(b) Coverage pursuant to the act shall allow for the replacement of a hearing aid and the associated services within three months of the dispensing date if the hearing aid gain and output fail to meet prescribed targets or the hearing aid is unable to be repaired or adjusted. If an insured child uses a hearing aid on September 1, 2019, and the hearing aid has been deemed unrepairable or obsolete by the manufacturer of the device, the insured child shall be eligible to use the benefits required by the act towards the acquisition of a new hearing aid, parts, and associated services.
(c) Coverage provided to an insured child pursuant to the act shall be subject to the same deductible, copayment, and coinsurance as similar covered items and services under the health insurance plan.
(3) A health insurance plan shall not refuse or deny coverage, refuse to renew or reissue coverage, or terminate coverage for an individual with a hearing impairment who is less than nineteen years of age based on such hearing impairment.
(4) A health insurance plan shall be exempt from the act for a plan year if, using a calculation method approved by the Department of Insurance, the cost of coverage would likely exceed one percent of all premiums collected under such plan for such plan year.
Source
Laws 2019, LB15, § 4.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-5101 - Act, how cited.

44-5101.
Act, how cited.
Sections 44-5101 to 44-5154 shall be known and may be cited as the Insurers Investment Act.
Source
Laws 1991, LB 237, § 1;
Laws 2003, LB 216, § 12.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-5102 - Purpose of act.

44-5102.
Purpose of act.
The purpose of the Insurers Investment Act is to protect and further the interests of policyholders, claimants, creditors, and the general public by establishing standards, requirements, and limitations for the investments of insurers doing business in this state. Such standards, requirements, and limitations are intended to promote solvency, investment yield and growth, investment diversification, investment value stability, and liquidity to meet business needs.
Source
Laws 1991, LB 237, § 2.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-5104 - Applicability of act.

44-5104.
Applicability of act.
(1) A domestic insurer holding a certificate of authority to do business in this state shall be subject to the Insurers Investment Act. Except as otherwise provided by law, only investments determined to be authorized investments under the act shall be considered admitted assets for purposes of a domestic insurer's financial statements filed with the director pursuant to section 44-322.
(2) A foreign or alien insurer holding a certificate of authority to do business in this state shall not be subject to the act unless the director notifies such insurer that any of its investments will not be recognized by him or her as an authorized investment for purposes of the act.
Source
Laws 1991, LB 237, § 4;
Laws 1997, LB 273, § 3.