reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-386.02 - Unincorporated mutual associations; existing associations, continuance in operation; approval required.

44-386.02.
Unincorporated mutual associations; existing associations, continuance in operation; approval required.
No such association now existing shall continue to operate after June 30, 1964, unless it shall have met the requirements of section 44-386.01.
Source
Laws 1963, c. 268, § 3, p. 802.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-386.03 - Unincorporated mutual associations; annual meetings; election of officers and directors; vote required; notice of meeting.

44-386.03.
Unincorporated mutual associations; annual meetings; election of officers and directors; vote required; notice of meeting.
Every such association shall hold annual meetings of its members at regular intervals which shall not be, in any case, more than fourteen nor less than ten months apart. At such annual meeting there shall be transacted such business of the association as may come before it, which business shall include but not be limited to the election of officers or directors from among the members. All of said officers or directors shall be elected annually and shall not be less than five in number;
Provided,
that the Director of Insurance may approve a different number of directors and officers, or a different method of choosing the directors or officers, or both, or both a different number and a different method of choosing such directors and officers, if, in the opinion of the director, the interests of the members of the association are adequately protected thereby. Passage of all matters and business of such association shall require at least a majority vote of the members present in person or by proxy at any annual meeting or at any special meeting called. Notice of such annual meeting or special meeting shall be mailed to each member at his last-known address or otherwise distributed to him not less than ten nor more than thirty days prior to such meeting;
Provided,
that all references to members in this section shall be construed to mean a parent or the legal guardian of every member who is under twenty years of age. The minutes of every annual and special meeting must be taken and made available to any member upon request.
Source
Laws 1963, c. 268, § 4, p. 802;
Laws 1969, c. 367, § 2, p. 1304;
Laws 1972, LB 1059, § 1.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-386.04 - Unincorporated mutual associations; books and records; open to inspection by department.

44-386.04.
Unincorporated mutual associations; books and records; open to inspection by department.
The books and records of every such association and every officer, director, or employee thereof shall be subject to the inspection and examination of the Department of Insurance. Upon at least ten days' written notice to the president or secretary of the association, the Director of Insurance may require that the books and records be brought to the Department of Insurance for inspection and examination.
Source
Laws 1963, c. 268, § 5, p. 803;
Laws 1969, c. 367, § 3, p. 1305.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-386.05 - Unincorporated mutual associations; hearing on business affairs; notice; expenses.

44-386.05.
Unincorporated mutual associations; hearing on business affairs; notice; expenses.
Whenever, from an inspection of the books and records or a review of the annual report, the Director of Insurance deems it prudent for the protection of the members of any association, he or she may conduct a hearing on the business affairs of the association. Notice shall be given as provided in the Administrative Procedure Act. Actual expenses of the Department of Insurance shall be paid by the association.
Source
Laws 1969, c. 367, § 4, p. 1305;
Laws 1989, LB 6, § 4;
Laws 1989, LB 92, § 106.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-386.06 - Unincorporated mutual associations; cease and desist orders; misappropriation of funds; director; duties.

44-386.06.
Unincorporated mutual associations; cease and desist orders; misappropriation of funds; director; duties.
If, after the hearing provided for in section 44-386.05, the Director of Insurance finds that any rule or regulation adopted and promulgated pursuant to section 44-386.08 or any statute is being violated, he or she may issue an order to cease and desist all business of the association or any activity connected therewith until such time as corrective measures have been taken. If the director determines that any officer or member has misappropriated any funds or wrongfully converted any funds to his or her own use, he or she shall refer the matter to the county attorney of the county in which the books of the association are kept for prosecution by the county attorney under the applicable criminal statutes.
Source
Laws 1969, c. 367, § 5, p. 1306;
Laws 1989, LB 92, § 107.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-386.07 - Unauthorized mutual associations; cease and desist order; appeal.

44-386.07.
Unauthorized mutual associations; cease and desist order; appeal.
If the Director of Insurance orders any person to cease and desist all business of the association or any activity connected therewith, such order may be appealed, and the appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1969, c. 367, § 6, p. 1306;
Laws 1988, LB 352, § 48.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-386.08 - Unincorporated mutual associations; rules and regulations.

44-386.08.
Unincorporated mutual associations; rules and regulations.
The Director of Insurance may adopt and promulgate rules and regulations for the administration and enforcement of the provisions of sections 44-386.01 to 44-386.07, for the procedures for examination of books and records, for the requirements of reports, and for procedures for approval of changes or additions of evidence of insurance coverage to be used by the associations.
Source
Laws 1969, c. 367, § 7, p. 1306;
Laws 1989, LB 92, § 108.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-392 - Insurance; solicitation and sale; when authorized.

44-392.
Insurance; solicitation and sale; when authorized.
Any bank, trust company, investment company, bank affiliate, corporation, partnership, limited liability company, or association, owned or controlled by any bank located in this state, may sell or solicit any kind or form of insurance, either directly or indirectly, through any officer, agent, employee, or representative thereof. The sale and solicitation of insurance pursuant to this section shall be subject to compliance with the insurance laws of this state and rules and regulations adopted and promulgated thereunder.
Source
Laws 1933, c. 74, § 1, p. 316;
C.S.Supp.,1941, § 44-349;
R.S.1943, § 44-392;
Laws 1959, c. 202, § 1, p. 711;
Laws 1977, LB 40, § 236;
Laws 1993, LB 121, § 222;
Laws 1999, LB 191, § 1.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-393 - Insurance laws; violations; reports confidential.

44-393.
Insurance laws; violations; reports confidential.
Every insurance company, agent, solicitor, or broker, and every person or party having knowledge of violation of any of the provisions of this chapter, is required to promptly report the facts and circumstances pertaining thereto to the Department of Insurance, which report and the name of the informant may be held confidential by the department, its officers, assistants and employees, and not be made public.
Source
Laws 1913, c. 154, § 62, p. 422;
R.S.1913, § 3198;
Laws 1919, c. 190, tit. V, art. IV, § 32, p. 602;
C.S.1922, § 7797;
C.S.1929, § 44-332;
R.S.1943, § 44-393.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-394 - Insurance companies; violations; general penalty.

44-394.
Insurance companies; violations; general penalty.
Any company or person who knowingly violates any provision of this chapter for which no penalty is provided, shall be guilty of a Class III misdemeanor.
Source
Laws 1913, c. 154, § 155, p. 472;
R.S.1913, § 3292;
Laws 1919, c. 190, tit. V, art. XI, § 20, p. 653;
C.S.1922, § 7899;
C.S.1929, § 44-1120;
R.S.1943, § 44-394;
Laws 1977, LB 40, § 237.
Annotations
An otherwise valid and authorized contract of insurance is not rendered void merely because it has not been approved by the Department of Insurance prior to its issuance. Equity Mut. Ins. Co. v. Allstate Ins. Co., 190 Neb. 515, 209 N.W.2d 592 (1973).
Rebating is a misdemeanor punishable by fine or imprisonment. Kortright v. Mutual Life Ins. Co., 123 Neb. 746, 243 N.W. 904 (1932).
Both the insurer and the agent may be punished under criminal law for the transfer of a premium note before the policy has been delivered. State Bank v. House, 114 Neb. 681, 209 N.W. 246 (1926).
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-395 - Actions; prosecution and defense; duties of Attorney General and county attorneys.

44-395.
Actions; prosecution and defense; duties of Attorney General and county attorneys.
In all proceedings instituted in any court, or otherwise, under the provisions of this chapter, it shall be and hereby is made the duty of the Attorney General, and of the several county attorneys throughout the state, to prosecute or defend all such proceedings, when requested by the Department of Insurance.
Source
Laws 1913, c. 154, § 145, p. 469;
R.S.1913, § 3282;
Laws 1919, c. 190, tit. V, art. XI, § 10, p. 650;
C.S.1922, § 7889;
C.S.1929, § 44-1110;
R.S.1943, § 44-395.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-396 - Insurance companies or officers; actions against; witnesses; immunity.

44-396.
Insurance companies or officers; actions against; witnesses; immunity.
No person shall be excused from testifying, or from producing any books, papers, contracts, agreements or documents at the trial or hearing of any person or company charged with violating any provisions of this chapter, on the ground that such testimony or evidence may tend to incriminate himself, but no person shall be prosecuted for any act concerning which he shall be compelled so as to testify or produce evidence, documentary or otherwise, except for perjury committed in so testifying.
Source
Laws 1913, c. 154, § 152, p. 471;
R.S.1913, § 3289;
Laws 1919, c. 190, tit. V, art. XI, § 17, p. 653;
C.S.1922, § 7896;
C.S.1929, § 44-1117;
R.S.1943, § 44-396.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3,107 - Equity securities insider trading; statement of certain owners; form; required; filing.

44-3,107.
Equity securities insider trading; statement of certain owners; form; required; filing.
Every domestic stock insurer shall file with the Director of Insurance, on such forms as the director may require, a separate statement for each person who is directly or indirectly the beneficial owner of more than ten percent of any class of any equity security of such insurer, and for each person who is a director or an officer of such insurer. The statement of the amount of all equity securities of such insurer, directly or indirectly owned by the individuals enumerated above, shall be filed with the director on or before January 1, 1970; within ten days after a person becomes an officer, director, or such beneficial owner; and within ten days after the close of each calendar month thereafter, if there has been a change in such ownership.
Source
Laws 1965, c. 248, § 1, p. 702;
Laws 1969, c. 368, § 1, p. 1307.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3,107.01 - Equity securities insider trading; terms, defined.

44-3,107.01.
Equity securities insider trading; terms, defined.
As used in sections 44-3,107 to 44-3,114, unless the context otherwise requires:
(1) Person shall mean any individual, corporation, partnership, limited liability company, association, joint-stock company, business trust, unincorporated organization, or holding company whose primary purpose is owning or controlling insurance companies. A holding company shall be presumed to have as its primary purpose the owning or controlling of insurance companies if fifty-one percent or more of the assets of the holding company consist of the equity securities of one or more stock insurers, one of which is a domestic stock insurer; and
(2) Officer shall mean president, vice president, treasurer, actuary, secretary, controller, or any other person who performs the company functions corresponding to those performed by any of the foregoing officers.
Source
Laws 1969, c. 368, § 2, p. 1307;
Laws 1993, LB 121, § 223.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3,107.02 - Equity securities insider trading; holder or owner of stock; report; filing; violation; effect.

44-3,107.02.
Equity securities insider trading; holder or owner of stock; report; filing; violation; effect.
Any person who is the beneficial owner of more than ten percent of the equity securities of any class of a domestic stock insurer and any officer or director of a domestic stock insurer who shall purchase or hold the stock of such insurer shall report such purchase or holding to such domestic stock insurer. Such report shall be filed with such insurer within five days after a person becomes an officer, director or such beneficial owner and not later than the close of the calendar month in which there has been a change in such ownership. Failure of any individual to report such ownership or purchase shall relieve the insurer of the duties prescribed in section 44-3,107 unless the insurer knows or should have known that the purchase was made by an officer, director, or beneficial owner of more than ten percent of the equity securities of the insurer.
Source
Laws 1969, c. 368, § 3, p. 1308.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3,107.03 - Equity securities insider trading; owner; reports; filing.

44-3,107.03.
Equity securities insider trading; owner; reports; filing.
A person, instead of the insurer, shall file the reports required by section 44-3,107 if:
(1) He fails to make the reports required by section 44-3,107.02; or
(2) His indirect beneficial ownership in the equity securities of a domestic stock insurer through a holding company, together with the amount of such equity securities of which he is otherwise directly or indirectly the beneficial owner, aggregate more than ten percent of the outstanding equity securities of a domestic stock insurer.
Source
Laws 1969, c. 368, § 4, p. 1308.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3,107.04 - Equity securities insider trading; failure to file report; penalty.

44-3,107.04.
Equity securities insider trading; failure to file report; penalty.
Any domestic insurer which fails to comply with section 44-3,107 and any person who fails to comply with section 44-3,107.03 shall forfeit to the State of Nebraska the sum of one hundred dollars for each and every day such failure to comply shall continue. Such forfeiture, which shall be in lieu of any criminal penalty for such failure to comply which might be deemed to arise under sections 44-3,107 to 44-3,107.04 and 44-3,111 to 44-3,114, shall be payable into the treasury of the State of Nebraska and shall be recoverable in a civil suit in the name of the State of Nebraska.
Source
Laws 1969, c. 368, § 5, p. 1308.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3,108 - Equity securities insider trading; unfair transactions; action for damages; limitation.

44-3,108.
Equity securities insider trading; unfair transactions; action for damages; limitation.
For the purpose of preventing the unfair use of information which may have been obtained by such beneficial owner, director or officer by reason of his relationship to such company, any profit realized by him from any purchase and sale, or any sale and purchase, of any equity security of such company within any period of less than six months, unless such security was acquired in good faith in connection with a debt previously contracted, shall inure to and be recoverable by the company, irrespective of any intention on the part of such beneficial owner, director or officer in entering into such transaction of holding the security purchased or of not repurchasing the security sold for a period exceeding six months. Suit to recover such profit may be instituted at law or in equity in any court of competent jurisdiction by the company, or by the owner of any security of the company in the name and in behalf of the company if the company shall fail or refuse to bring such suit within sixty days after request or shall fail diligently to prosecute the same thereafter; but no such suit shall be brought more than two years after the date such profit was realized. This section shall not be construed to cover any transaction where such beneficial owner was not such both at the time of the purchase and sale, or the sale and purchase, of the security involved, or any transaction or transactions which the Director of Insurance by rules and regulations may exempt as not comprehended within the purpose of this section.
Source
Laws 1965, c. 248, § 2, p. 703;
Laws 1972, LB 1059, § 3.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3,109 - Equity securities insider trading; unlawful acts.

44-3,109.
Equity securities insider trading; unlawful acts.
It shall be unlawful for any such beneficial owner, director or officer, directly or indirectly, to sell any equity security of such company if the person selling the security or his principal (1) does not own the security sold, or (2) if owning the security, does not deliver it against such sale within twenty days thereafter, or does not within five days after such sale deposit it in the mails or other usual channels of transportation; but no person shall be deemed to have violated this section if he proves that notwithstanding the exercise of good faith he was unable to make such delivery or deposit within such time, or that to do so would cause undue inconvenience or expense.
Source
Laws 1965, c. 248, § 3, p. 703.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3,110 - Equity securities insider trading; exemptions.

44-3,110.
Equity securities insider trading; exemptions.
The provisions of section 44-3,108 shall not apply to any purchase and sale, or sale and purchase, and the provisions of section 44-3,109 shall not apply to any sale, of an equity security of a domestic stock insurance company not then or theretofore held by him in an investment account, by a dealer in the ordinary course of his business and incident to the establishment or maintenance by him of a primary or secondary market, otherwise than on an exchange as defined in the Securities Exchange Act of 1934, for such security. The Director of Insurance may, by such rules and regulations as he deems necessary or appropriate in the public interest, define and prescribe terms and conditions with respect to securities held in an investment account and transactions made in the ordinary course of business and incident to the establishment or maintenance of a primary or secondary market.
Source
Laws 1965, c. 248, § 4, p. 704.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3,111 - Equity securities insider trading; arbitrage transactions; exceptions.

44-3,111.
Equity securities insider trading; arbitrage transactions; exceptions.
The provisions of sections 44-3,107 to 44-3,109 shall not apply to foreign or domestic arbitrage transactions unless made in contravention of such rules and regulations as the Director of Insurance may adopt and promulgate in order to carry out the purposes of sections 44-3,107 to 44-3,114.
Source
Laws 1965, c. 248, § 5, p. 704;
Laws 1969, c. 368, § 6, p. 1309;
Laws 1989, LB 92, § 109.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3,112 - Equity security, defined.

44-3,112.
Equity security, defined.
Equity security when used in sections 44-3,107 to 44-3,114 shall mean (1) any stock or similar security, (2) any security convertible, with or without consideration, into such a security or carrying any warrant or right to subscribe to or purchase such a security, (3) any such warrant or right, or (4) any other security which the Director of Insurance deems to be of similar nature and considers necessary or appropriate, by such rules and regulations as he or she may adopt and promulgate in the public interest or for the protection of investors, to treat as an equity security.
Source
Laws 1965, c. 248, § 6, p. 704;
Laws 1969, c. 368, § 7, p. 1309;
Laws 1989, LB 92, § 110.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3,113 - Equity securities insider trading; applicability of sections.

44-3,113.
Equity securities insider trading; applicability of sections.
The provisions of sections 44-3,107 to 44-3,109 shall not apply to equity securities of a domestic stock insurance company if such securities shall be registered, or shall be required to be registered, pursuant to section 12 of the Securities Exchange Act of 1934, as amended, and a copy of such registration has been filed with the director, if so requested.
Source
Laws 1965, c. 248, § 7, p. 705;
Laws 1969, c. 368, § 8, p. 1309.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3,114 - Equity securities insider trading; rules and regulations.

44-3,114.
Equity securities insider trading; rules and regulations.
The Director of Insurance shall have the power to adopt and promulgate such rules and regulations as may be necessary for the execution of the functions vested in him or her by the provisions of sections 44-3,107 to 44-3,113 and may for such purpose classify domestic stock insurance companies, securities, and other persons or matters within his or her jurisdiction. No provision of sections 44-3,107 to 44-3,109 imposing any liability shall apply to any act done or omitted in good faith in conformity with any rule or regulation of the Director of Insurance, notwithstanding that such rule or regulation may, after such act or omission, be amended, rescinded, or determined by judicial or other authority to be invalid for any reason.
Source
Laws 1965, c. 248, § 8, p. 705;
Laws 1969, c. 368, § 9, p. 1309;
Laws 1989, LB 92, § 111.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3,115 - Shareholders information; applicability of sections; insurer, file documents with director.

44-3,115.
Shareholders information; applicability of sections; insurer, file documents with director.
Sections 44-3,115 to 44-3,118 shall apply to all domestic stock insurers having one hundred or more shareholders, except that such sections shall not apply to any insurer if ninety-five percent or more of its stock is owned or controlled by a parent or an affiliated insurer and the remaining shares are held by less than five hundred shareholders. A domestic stock insurer which files with the Securities and Exchange Commission forms of proxies, consents, and authorizations complying with the requirements of the Securities Exchange Act of 1934, the Securities Exchange Act amendments of 1964, and the rules and regulations of the Securities and Exchange Commission promulgated thereunder shall file copies of all such documents with the Director of Insurance on the same date such documents are filed with the Securities and Exchange Commission.
Source
Laws 1965, c. 249, § 1, p. 706;
Laws 1969, c. 369, § 1, p. 1310;
Laws 1989, LB 92, § 112.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3,116 - Shareholders information; file documents with director.

44-3,116.
Shareholders information; file documents with director.
To insure that shareholders are provided with adequate information and to prevent fraud, deception, or dissemination of misleading information, a copy of every form of proxy, consent, or authorization for use at any meeting of shareholders and a copy of every solicitation, announcement, or other communication to shareholders under circumstances reasonably calculated to result in the procurement, withholding, or revocation of a proxy, consent, or authorization shall be filed with the director by the person intending to use, issue, publish, or circulate such document.
Source
Laws 1965, c. 249, § 2, p. 706;
Laws 1969, c. 369, § 2, p. 1311;
Laws 1989, LB 92, § 113.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3,116.01 - Shareholders information; director; disapproval; effect.

44-3,116.01.
Shareholders information; director; disapproval; effect.
The documents required to be filed with the Director of Insurance by sections 44-3,116 and 44-3,117 shall not be used, issued, published or circulated before a period of ten days following the date of such filing, or any such shorter period as may be authorized by the director, has elapsed. Within such ten-day or shorter period, the director may disapprove of any document filed with him, stating his reasons therefor in writing, in which case such documents shall not be used, issued, published, or circulated.
Source
Laws 1969, c. 369, § 3, p. 1311.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3,116.02 - Shareholders information; failure to file; disapproved; effect; penalty.

44-3,116.02.
Shareholders information; failure to file; disapproved; effect; penalty.
Any domestic stock insurer or any person who uses any proxy, consent or authorization obtained in violation of sections 44-3,115 to 44-3,118, or who fails to make the filing required by sections 44-3,115 to 44-3,118 and who thereafter uses any document required to be filed, or who uses any document before it has been filed with the director for the required period of time, or who uses any such document after receiving written notice that the document has been disapproved by the Director of Insurance, or who uses any document which is false or misleading with respect to any material fact or omits to state any material fact shall forfeit to the State of Nebraska the sum of one thousand dollars. Such forfeiture, which shall be in lieu of any criminal penalties for such act or failure to act which might be deemed to arise under the provisions of sections 44-3,115 to 44-3,118, shall be payable to the State Treasurer and shall be recoverable in a civil suit in the name of the State of Nebraska.
Source
Laws 1969, c. 369, § 4, p. 1311.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3,117 - Shareholders information; filing requirements.

44-3,117.
Shareholders information; filing requirements.
Unless proxies, consents, or authorizations in respect of a stock of a domestic insurer subject to the provisions of section 44-3,115 are solicited by or on behalf of the management of such insurer from the holders of record of stock of such insurer in accordance with the rules and regulations adopted and promulgated by the Director of Insurance pursuant to sections 44-3,115 to 44-3,118 prior to any annual or other meeting, such insurer shall, in accordance with such rules and regulations, file with the director and transmit to all shareholders of record information substantially equivalent to the information which would be required to be transmitted if such a solicitation were made.
Source
Laws 1965, c. 249, § 3, p. 707;
Laws 1969, c. 369, § 5, p. 1312;
Laws 1989, LB 92, § 114.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3,118 - Shareholders information; rules and regulations.

44-3,118.
Shareholders information; rules and regulations.
In accordance with the provisions of sections 44-3,115 to 44-3,118, the Director of Insurance shall adopt and promulgate such rules and regulations as are reasonable, necessary, or appropriate in the public interest or for the protection of investors (1) to define the provisions and applicability of sections 44-3,115 to 44-3,118, (2) to require that information including proxy statements be transmitted to shareholders and to prescribe the kind, content, and form of such information and the circumstances, time, and manner in which such information shall be transmitted, (3) to prescribe the content, form, and requirements of proxies, consents, and authorizations and the circumstances, time, and manner in which such proxies, consents, and authorizations may be solicited, and (4) to require that information, including forms of proxy statements, proxies, consents, and authorizations, be filed with the director and to prescribe the kind, content, and form of such information and the circumstances, time, and manner in which such information shall be filed.
Source
Laws 1965, c. 249, § 4, p. 707;
Laws 1969, c. 369, § 6, p. 1312;
Laws 1989, LB 92, § 115.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3,119 - Borrowing or rental of securities; insurance company; member, officer, director, attorney in fact; unlawful.

44-3,119.
Borrowing or rental of securities; insurance company; member, officer, director, attorney in fact; unlawful.
Any member, officer, director, or attorney in fact of any company or association licensed to do an insurance business in this state, who on behalf of such company or association borrows, rents, hires, leases, or otherwise engages the use of stocks, bonds, debentures, notes, investment certificates, securities, or other obligations or evidences of indebtedness owned or issued by any other corporation, company, association, or individual, or of any government political subdivision or agency thereof, with intent to injure or defraud any other company, body politic or corporation, or person, or to deceive the Director of Insurance or any other person legally authorized to examine the affairs of any such company or association shall be guilty of a felony.
Source
Laws 1969, c. 352, § 1, p. 1231.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3,120 - Borrowing or rental of securities; aiding and abetting; unlawful.

44-3,120.
Borrowing or rental of securities; aiding and abetting; unlawful.
Any corporation organized under any laws of this state, or the laws of any other state, or which has an office or is transacting business in this state, which is engaged in, organizing or receiving subscriptions for or disposing of stocks of, or in any manner aiding or taking part in the formation or in the business of an insurance company or association, either as agent or otherwise, or which is holding capital stock of one or more insurance companies for the purpose of controlling the management thereof as voting trustees or otherwise, or any employee, agent, or attorney thereof, who aids and abets such insurance company or association in borrowing, renting, hiring, leasing, or engaging the use of such stocks, bonds, debentures, notes, investment certificates, securities, or other obligations or evidences of indebtedness, shall be guilty of a felony.
Source
Laws 1969, c. 352, § 2, p. 1232.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3,121 - Violations; penalty.

44-3,121.
Violations; penalty.
Any person convicted for violation of section 44-3,119 or 44-3,120 shall be guilty of a Class IV felony.
Source
Laws 1969, c. 352, § 3, p. 1232;
Laws 1977, LB 40, § 240.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3,123 - Possession of borrowed or rented securities; proceedings authorized.

44-3,123.
Possession of borrowed or rented securities; proceedings authorized.
If any insurance company or association is found in possession of stocks, bonds, debentures, notes, investment certificates, securities, or other obligations or evidences of indebtedness acquired in violation of section 44-3,119 or if any of its officers, directors, members, or attorneys in fact have been convicted under section 44-3,119, such company or association may be subject to suspension of its certificate of authority by the Director of Insurance. Nothing in this section shall be construed to prevent the Director of Insurance from proceeding against such insurance company or association in the manner authorized and directed by the Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act.
Source
Laws 1969, c. 352, § 5, p. 1232;
Laws 1989, LB 319, § 68.
Cross References
Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act, see section 44-4862.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3,127 - Fine or penalty; collected by department; distribution.

44-3,127.
Fine or penalty; collected by department; distribution.
The Department of Insurance shall remit all money collected as a fine or penalty to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.
Source
Laws 1979, LB 196, § 2;
Laws 2021, LB21, § 2.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3,128 - Automobile liability policy; insurance carrier; surcharge prohibited.

44-3,128.
Automobile liability policy; insurance carrier; surcharge prohibited.
When any person insured under an automobile liability policy is involved in an accident in which the license of the operator of another motor vehicle is suspended pursuant to section 60-507 because the operator failed to provide proof of financial responsibility and there is a reasonable possibility of judgment being rendered against such operator, the insurance carrier covering the insured person shall not surcharge any of the automobile coverages in the insured party's current policy or any subsequent renewal policy for any loss which was sustained in such accident by the insured person and covered under such person's automobile liability policy.
Source
Laws 1985, LB 404, § 4.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3,128.01 - Automobile liability policy or endorsement; right of subrogation of medical payments; limitation.

44-3,128.01.
Automobile liability policy or endorsement; right of subrogation of medical payments; limitation.
A provision in an automobile liability policy or endorsement which is effective in this state and which grants the insurer the right of subrogation for payment of benefits under the medical payments coverage portion of the policy shall be valid and enforceable, except that if the claimant receives less than actual economic loss from all parties liable for the bodily injuries, subrogation of medical payments shall be allowed in the same proportion that the medical expenses bear to the total economic loss. For purposes of this section, it shall be conclusively presumed that any settlement or judgment which is less than the policy limits of any applicable liability insurance coverage constitutes complete recovery of actual economic loss.
Source
Laws 1991, LB 224, § 1.
Annotations
Attorney fees are not within the field specified by this section, because the statutory language is silent as to attorney fees and there is no indication that the Legislature intended to restrict or preclude the common fund doctrine. Hauptman, O'Brien v. Auto-Owners Ins. Co., 310 Neb. 147, 964 N.W.2d 264 (2021).
The conclusive presumption found in this section does not violate due process because it does not impair a constitutionally protected right and it meets the standard of legislative reasonableness. Ploen v. Union Ins. Co., 253 Neb. 867, 573 N.W.2d 436 (1998).
This section does not preempt the common fund doctrine. Hauptman, O'Brien v. Auto-Owners Ins. Co., 29 Neb. App. 662, 958 N.W.2d 428 (2021).
This section meets the standard of legislative reasonableness and is therefore constitutional and enforceable. Hauptman, O'Brien v. Auto-Owners Ins. Co., 29 Neb. App. 662, 958 N.W.2d 428 (2021).
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3,129 - Health care coverages or services; legislative intent.

44-3,129.
Health care coverages or services; legislative intent.
The Legislature recognizes the increasing number of proposals to mandate or require the offering of health care coverages or services by insurance or otherwise, health care service contractors, and health maintenance organizations as a component of insurance policies or employee welfare benefit plans. Improved access to health care services by segments of the population which desire such services can provide beneficial social and health consequences which may be in the public interest.
The cost ramifications of expanding health care coverages and services are a growing concern. The structures of such coverages or services and the steps taken to create incentives to provide cost-effective services or to take advantage of cost-offsetting features of services can significantly influence the cost impact of mandating particular coverages and services.
Source
Laws 1986, LB 895, § 1.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3,130 - Health care coverages or services; defined.

44-3,130.
Health care coverages or services; defined.
For purposes of sections 44-3,129 to 44-3,131, health care coverages or services shall mean any services rendered for a fee which are included in the furnishing to any individual of medical care, or other services incident to the furnishing of such care, as well as the furnishing to any person of any and all other services for the purpose of preventing, alleviating, curing, or healing human illness or injury.
Source
Laws 1986, LB 895, § 2.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3,131 - Health care coverages or services; applicability of provisions.

44-3,131.
Health care coverages or services; applicability of provisions.
No legislative proposal to mandate or require the offering of health care coverages or services shall apply to any insurer unless the proposal applies equally to employee welfare benefit plans described in 29 U.S.C. 1001 et seq.
Source
Laws 1986, LB 895, § 3.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3,133 - Furnishing information; exemption from liability.

44-3,133.
Furnishing information; exemption from liability.
(1) Any person acting without malice, fraudulent intent, or bad faith shall be immune from any civil liability by virtue of filing reports or furnishing other information required by Chapter 44 or required by the Director of Insurance under the authority granted in Chapter 44.
(2) The Director of Insurance or any employee of the Department of Insurance acting without malice, fraudulent intent, or bad faith shall be immune from any civil liability by virtue of the publication of any report or bulletin related to the official activities of the Department of Insurance.
(3) This section shall not abrogate or modify in any way any common-law or statutory privilege or immunity.
Source
Laws 1987, LB 399, § 2;
Laws 1995, LB 385, § 12.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3,134 - Motor vehicle theft or fraud; terms, defined.

44-3,134.
Motor vehicle theft or fraud; terms, defined.
As used in sections 44-3,134 to 44-3,142, unless the context otherwise requires:
(1) Authorized agency shall mean the Nebraska State Patrol, a local governmental police department, a county sheriff's office, a county attorney, a municipal attorney, a United States district attorney, a duly constituted criminal investigative agency of the United States Government, and the office of the Nebraska Attorney General;
(2) Insurer shall mean any insurance company, adjustor, or agent; and
(3) Relevant shall mean having a tendency to make the existence of any information that is of consequence to an investigation of motor vehicle theft or motor vehicle insurance fraud or a determination of such issue more probable or less probable than it would be without such information.
Source
Laws 1987, LB 78, § 1.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3,135 - Motor vehicle theft or fraud; relevant information; release to authorized agency.

44-3,135.
Motor vehicle theft or fraud; relevant information; release to authorized agency.
Upon written request to an insurer by an authorized agency, an insurer or person acting on behalf of the insurer shall release to a requesting authorized agency any or all relevant information relating to any specific motor vehicle theft or motor vehicle insurance fraud which the insurer may possess. Relevant information may include, but shall not be limited to:
(1) Insurance policy information relevant to the motor vehicle theft or motor vehicle insurance fraud under investigation, including any application for such a policy;
(2) Policy premium records;
(3) History of previous claims made by the insured;
(4) Information relating to the investigation of the motor vehicle theft or motor vehicle insurance fraud, including statements of any person, proof of loss, and notice of loss; and
(5) Any other relevant evidence or information which the authorized agency reasonably believes is important.
Source
Laws 1987, LB 78, § 2.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3,136 - Motor vehicle theft or fraud; notification by insurer.

44-3,136.
Motor vehicle theft or fraud; notification by insurer.
When an insurer knows the identity of a person whom the insurer has probable cause to believe committed a criminal or fraudulent act relating to a motor vehicle theft or a motor vehicle insurance claim or has knowledge of such a criminal or fraudulent act which the insurer reasonably believes has not been reported to an authorized agency and the suspected person is insured by the insurer, then for the purpose of notification and investigation the insurer or person acting on behalf of the insurer may notify, in writing, an authorized agency of such knowledge or reasonable belief and provide any additional relevant information in accordance with section 44-3,135.
Source
Laws 1987, LB 78, § 3.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3,137 - Motor vehicle theft or fraud; notice; effect.

44-3,137.
Motor vehicle theft or fraud; notice; effect.
For purposes of sections 44-3,134 to 44-3,142, when an insurer provides any authorized agency with notice pursuant to section 44-3,136, such notice shall be deemed sufficient for all authorized agencies.
Source
Laws 1987, LB 78, § 4.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3,138 - Motor vehicle theft or fraud; information; release.

44-3,138.
Motor vehicle theft or fraud; information; release.
The authorized agency which receives information pursuant to sections 44-3,134 to 44-3,142 may release or provide such information to any other authorized agency.
Source
Laws 1987, LB 78, § 5.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3,139 - Motor vehicle theft or fraud; relevant information; release to insurer; when.

44-3,139.
Motor vehicle theft or fraud; relevant information; release to insurer; when.
Any insurer which provides information to an authorized agency pursuant to sections 44-3,134 to 44-3,142 shall have the right to request and receive relevant information from such authorized agency. The authorized agency shall provide the requested relevant information to the insurer or agent authorized by the insurer not more than thirty days after the completion of the agency's investigation.
Source
Laws 1987, LB 78, § 6.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3,140 - Motor vehicle theft or fraud; relevant information; disclosure prohibited.

44-3,140.
Motor vehicle theft or fraud; relevant information; disclosure prohibited.
It shall be unlawful for any insurer, any person acting on behalf of the insurer, or an authorized agency to make any relevant information received or released under sections 44-3,134 to 44-3,142 a public record except in a criminal or civil proceeding.
Source
Laws 1987, LB 78, § 7.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3,141 - Motor vehicle theft or fraud; release of relevant information; immunity.

44-3,141.
Motor vehicle theft or fraud; release of relevant information; immunity.
Any insurer, any person acting on behalf of the insurer, an authorized agency, or any of their respective employees, who releases relevant information under sections 44-3,134 to 44-3,142 with reasonable cause to believe the truth of such information, shall be immune from any civil or criminal liability for releasing such information.
Source
Laws 1987, LB 78, § 8.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3,142 - Motor vehicle theft or fraud; violation; penalty.

44-3,142.
Motor vehicle theft or fraud; violation; penalty.
Any person violating any provision of sections 44-3,134 to 44-3,142 shall be guilty of a Class IV misdemeanor.
Source
Laws 1987, LB 78, § 9.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3,143 - Life insurance policy proceeds; payment of interest; when.

44-3,143.
Life insurance policy proceeds; payment of interest; when.
(1) Any insurance company authorized to do business in this state shall pay interest on any proceeds due on a life insurance policy if:
(a) The insured was a resident of this state on the date of death;
(b) The date of death was on or after June 6, 1991;
(c) The beneficiary elects in writing to receive the proceeds in a lump-sum payment; and
(d) The proceeds are not paid to the beneficiary within thirty days of receipt of proof of death of the insured by the insurance company.
(2) Interest shall accrue from the date of receipt of proof of death to the date of payment at the rate calculated pursuant to section 45-103 in effect on January 1 of the calendar year in which occurs the date of receipt of proof of death. For purposes of this section, date of payment shall include the date of the postmark stamped on an envelope, properly addressed and postage prepaid, containing the payment.
(3) If an action is commenced to recover the proceeds, this section shall not require the payment of interest for any period of time for which interest is awarded pursuant to sections 45-103 to 45-103.04.
(4) A violation of this section shall be an unfair claims settlement practice subject to the Unfair Insurance Claims Settlement Practices Act.
Source
Laws 1991, LB 419, § 40;
Laws 2011, LB72, § 1.
Cross References
Unfair Insurance Claims Settlement Practices Act, see section 44-1536.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3,144 - Health care coverage of children; terms, defined.

44-3,144.
Health care coverage of children; terms, defined.
For purposes of sections 44-3,144 to 44-3,150:
(1) Authorized attorney has the same meaning as in section 43-512;
(2) Child means an individual to whom or on whose behalf a legal duty of support is owed by an obligor;
(3) Department means the Department of Health and Human Services;
(4) Employer means an individual, a firm, a partnership, a corporation, an association, a union, a political subdivision, a state agency, or any agent thereof who pays income to an obligor on a periodic basis and has or provides health care coverage to the obligor-employee;
(5) Health care coverage means a health benefit plan or combination of plans, including fee for service, health maintenance organization, preferred provider organization, and other types of coverage available to either party, under which medical services could be provided to dependent children, that provide medical care or benefits;
(6) Insurer means an insurer as defined in section 44-103 offering a group health plan as defined in 29 U.S.C. 1167, as such section existed on January 1, 2002;
(7) Medical support means the provision of health care coverage, contribution to the cost of health care coverage, contribution to expenses associated with the birth of a child, other uninsured medical expenses of a child, or any combination thereof;
(8) Medical assistance program means the program established pursuant to the Medical Assistance Act;
(9) National medical support notice means a uniform administrative notice issued by the county attorney, authorized attorney, or department to enforce the medical support provisions of a support order;
(10) Obligee has the same meaning as in section 43-3341;
(11) Obligor has the same meaning as in section 43-3341;
(12) Plan administrator means the person or entity that administers health care coverage for an employer;
(13) Qualified medical child support order means an order that meets the requirements of 29 U.S.C. 1169, as such section existed on January 1, 2002; and
(14) Uninsured medical expenses means the reasonable and necessary health-related expenses that are not paid by health care coverage.
Source
Laws 1994, LB 1224, § 72;
Laws 1996, LB 1044, § 234;
Laws 1997, LB 307, § 103;
Laws 2002, LB 1062, § 6;
Laws 2006, LB 1248, § 56;
Laws 2009, LB288, § 14;
Laws 2018, LB702, § 4.
Cross References
Medical Assistance Act, see section 68-901.