reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-316 - Insurer; policy and endorsement; mailing, delivery, or posting on website; conditions for posting on insurer's website.

44-316.
Insurer; policy and endorsement; mailing, delivery, or posting on website; conditions for posting on insurer's website.
Notwithstanding the provisions of section 44-315, life insurance policies, annuity contracts, and property and casualty insurance policies and endorsements that do not contain personally identifiable financial information as defined in section 44-903 may be mailed, delivered, or posted on the insurer's website. If the insurer elects to post insurance policies and endorsements on its website in lieu of mailing or delivering them to the insured, the insurer must comply with all of the following conditions:
(1) The policy and endorsements must be accessible to the insured and producer of record and remain that way for as long as the policy is in force;
(2) After the expiration of the policy, the insurer must archive its expired policies and endorsements for a period of five years and make them available upon request;
(3) The policies and endorsements must be posted in a manner that enables the insured and producer of record to print and save the policy and endorsements using programs or applications that are widely available on the Internet and free to use;
(4) The insurer must provide the following information in, or simultaneously with, each declarations page provided at the time of issuance of the initial policy and any renewals of such policy:
(a) A description of the exact policy and endorsement forms purchased by the insured;
(b) A description of the insured's right to receive, upon request and without charge, a paper copy of the policy and endorsements by mail; and
(c) The Internet address where the policy and endorsements are posted;
(5) The insurer, upon request and without charge, must mail a paper copy of the policy and endorsements to the insured; and
(6) The insurer must provide notice, in the manner in which the insurer customarily communicates with the insured, of any changes to the forms or endorsements, the insured's right to obtain, upon request and without charge, a paper copy of such forms or endorsements, and the Internet address where such forms or endorsements are posted.
Source
Laws 2019, LB116, § 2.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-317 - Loans from insurance client; restrictions.

44-317.
Loans from insurance client; restrictions.
No insurance producer, surplus lines licensee, or insurance consultant shall obtain a loan from an insurance client that is not a financial institution and who is not related to the insurance producer, surplus lines licensee, or insurance consultant by birth, marriage, or adoption.
Source
Laws 2001, LB 51, § 25.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-318 - Authority to transact business; certificate of department; evidentiary effect.

44-318.
Authority to transact business; certificate of department; evidentiary effect.
A certificate under the seal of the department, relative to the authority of the company, insurance producer, business entity, or surplus lines licensee to transact business in this state upon any particular date, shall be received by any court in this state in lieu of the testimony of the director.
Source
Laws 2001, LB 51, § 26.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-319 - Insurance producer or surplus lines licensee; fiduciary duties.

44-319.
Insurance producer or surplus lines licensee; fiduciary duties.
Every person acting as an insurance producer or surplus lines licensee in this state shall be responsible in a fiduciary capacity for all funds received or collected as an insurance producer or surplus lines licensee. Nothing in this section shall be construed to require any person to maintain a separate bank deposit if the funds of each principal are clearly ascertainable from the books of accounts and records of that person.
Source
Laws 2001, LB 51, § 27.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-319.01 - Domestic companies; securities; terms, defined.

44-319.01.
Domestic companies; securities; terms, defined.
For purposes of sections 44-319.01 to 44-319.13, unless the context otherwise requires:
(1) Director shall mean the Director of Insurance or his or her authorized representative;
(2) Policyholders shall mean all persons having a legal or equitable right against a depositing insurer or assessment association arising out of or by reason of depositing insurer's or association's policies and obligees under its surety contracts;
(3) State shall mean any state of the United States, the government of Puerto Rico, and the District of Columbia;
(4) Eligible securities shall mean the investments authorized under the Insurers Investment Act other than investments authorized under sections 44-5134, 44-5143 to 44-5145, 44-5149, 44-5152, and 44-5153, and unless otherwise provided by law, the values of such investments shall, for the purpose of sections 44-319.01 to 44-319.13, be an amount not exceeding the current market values thereof; and
(5) Insurer shall mean stock and mutual insurance companies and reciprocal exchanges.
Source
Laws 1955, c. 174, § 1, p. 498;
Laws 1961, c. 210, § 3, p. 627;
Laws 1969, c. 359, § 13, p. 1273;
Laws 1991, LB 237, § 58;
Laws 1997, LB 273, § 1;
Laws 1998, LB 1035, § 1.
Cross References
Insurers Investment Act, see section 44-5101.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-319.02 - Domestic companies; securities; amount required.

44-319.02.
Domestic companies; securities; amount required.
Every domestic insurer hereafter organized to transact the business of insurance in this state shall deposit and continually maintain with the Department of Insurance eligible securities for the benefit of all of its policyholders or policyholders and creditors in the United States in the amount of one hundred thousand dollars.
Source
Laws 1955, c. 174, § 2, p. 499;
Laws 1989, LB 92, § 96;
Laws 2023, LB92, § 51.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-319.03 - Domestic companies; securities; deposit; minimum required.

44-319.03.
Domestic companies; securities; deposit; minimum required.
Every domestic assessment association hereafter organized to transact the business of insurance in this state, except (1) health and accident assessment associations and (2) assessment associations organized primarily to write insurance coverage on farm properties against the perils of fire, lightning, windstorm, and hail, shall deposit with the Department of Insurance eligible securities for the benefit of all of its policyholders or policyholders and creditors in the United States equal to one-fifth of the minimum surplus funds required of domestic mutual insurance companies licensed to write the same kind or kinds of insurance.
Source
Laws 1955, c. 174, § 3, p. 499;
Laws 1993, LB 583, § 73;
Laws 2023, LB92, § 52.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-319.04 - Domestic companies; securities; transacting business in foreign state; deposit permitted.

44-319.04.
Domestic companies; securities; transacting business in foreign state; deposit permitted.
Domestic insurers and assessment associations transacting or desiring to transact business in any other state, province, or country may deposit additional securities with the Department of Insurance in the kind and to the amount required by such other state, province, or country as a condition to transact business therein.
Source
Laws 1955, c. 174, § 4, p. 499.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-319.05 - Domestic companies; securities; deposit; aggregate required.

44-319.05.
Domestic companies; securities; deposit; aggregate required.
Every domestic insurer and assessment association required by Chapter 44 to deposit securities with the Department of Insurance shall continue to deposit all of its eligible securities until they aggregate the sum of one hundred thousand dollars.
Source
Laws 1955, c. 174, § 5, p. 499;
Laws 1989, LB 92, § 97.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-319.06 - Foreign companies; securities; amount required.

44-319.06.
Foreign companies; securities; amount required.
No foreign insurer or assessment association now or hereafter authorized to do business in this state shall henceforth transact such business unless it shall deposit and continually maintain with the Department of Insurance or with the proper official of some one state of the United States designated by law to accept such deposit, eligible securities in the amount of not less than one hundred thousand dollars for the benefit of all of its policyholders or policyholders and creditors in the United States.
Source
Laws 1955, c. 174, § 6, p. 499;
Laws 2023, LB92, § 53.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-319.07 - Securities; exchange; withdrawal; approval of director; forfeiture for failure to comply.

44-319.07.
Securities; exchange; withdrawal; approval of director; forfeiture for failure to comply.
(1) The depositing insurer or assessment association may, from time to time, exchange for the deposited securities, or any of them, other securities eligible for deposit if the aggregate value of such deposit will not thereby be reduced below the amount required by sections 44-319.01 to 44-319.13. Upon application of the depositing insurer or assessment association, the director may approve the withdrawal of securities which are in excess of the amount required by sections 44-319.01 to 44-319.13. Insurers and assessment associations may, upon an application approved by the director, withdraw all or any part of the securities so deposited upon good cause therefor being shown. Securities so withdrawn shall, except if withdrawn as the result of a merger, consolidation, or total reinsurance, be used to pay excess losses only and shall be restored within such time and under such conditions as the director may direct by order.
(2) If the depositing insurer or assessment association fails to comply with the requirements of subsection (1) of this section or the rules and regulations adopted and promulgated pursuant to section 44-319.11, such insurer or assessment association shall forfeit five hundred dollars for each such failure. The director shall collect and remit the forfeitures to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.
Source
Laws 1955, c. 174, § 7, p. 500;
Laws 2007, LB117, § 2.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-319.08 - Securities; not subject to execution.

44-319.08.
Securities; not subject to execution.
No creditor or other claimant may levy upon such a deposit or any part thereof. Upon an order of liquidation, rehabilitation, or conservation of any depositing insurer or assessment association by a court of competent jurisdiction, the funds deposited and the income therefrom shall be deemed transferred to the director as liquidator, rehabilitator, or conservator.
Source
Laws 1955, c. 174, § 8, p. 500.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-319.09 - Securities deposited under former law; treatment.

44-319.09.
Securities deposited under former law; treatment.
All securities now held on deposit by the director, which were made pursuant to any prior insurance law, shall be deemed to be held in compliance with the provisions of sections 44-319.01 to 44-319.13, for the purpose for which such deposits were originally made.
Source
Laws 1955, c. 174, § 9, p. 500.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-319.10 - Interest; collectible by depositing insurer; Securities Deposit Trust Fund; created; disbursement.

44-319.10.
Interest; collectible by depositing insurer; Securities Deposit Trust Fund; created; disbursement.
(1) Unless prohibited by the order of a court, all income on securities deposited with the Department of Insurance or with an authorized depository of the department shall be collectible by the depositing insurer or assessment association. In the event such income is paid to the Director of Insurance or to the department, it shall be paid by the department into the state treasury and deposited by the State Treasurer in a trust fund to be known as the Securities Deposit Trust Fund which is hereby created, to be expended as provided by this section.
(2) The Director of Administrative Services, upon presentation of a voucher properly countersigned by the director, is authorized to draw his warrants against the Securities Deposit Trust Fund only for the purpose of paying to depositing insurers or assessment associations entitled thereto, amounts equal to the total income paid to the director or to the department on securities deposited with the department, all as more fully explained in subsection (1) of this section.
Source
Laws 1955, c. 174, § 10, p. 500;
Laws 1957, c. 182, § 1, p. 633;
Laws 1979, LB 196, § 1.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-319.11 - Securities; designation of depository; director; duties.

44-319.11.
Securities; designation of depository; director; duties.
The director may designate any bank or trust company domiciled in this state as the depository for the Department of Insurance to receive and hold for safekeeping purposes any securities deposited pursuant to sections 44-319.01 to 44-319.13 or any prior insurance law. The holding of any such securities shall be at the expense of the insurer or assessment association. The director is hereby relieved of all personal and official liability for securities held by or in transit to or from such authorized depository. The director shall (1) adopt and promulgate reasonable rules and regulations relative to the manner in which securities may be deposited and withdrawn and (2) purchase such insurance as he or she may deem necessary for the protection of the State of Nebraska and its employees and agents. The premium for such insurance shall be paid from the Department of Insurance Cash Fund.
Source
Laws 1955, c. 174, § 11, p. 501;
Laws 1989, LB 92, § 98.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-319.12 - Securities; liquidation; effect.

44-319.12.
Securities; liquidation; effect.
All securities heretofore or hereafter deposited with the Department of Insurance by any incorporated or unincorporated insurer or assessment association shall become the property of the State of Nebraska in the event such securities remain unclaimed for a period of not less than seven years following the effective date of a voluntary or involuntary liquidation, merger, consolidation, or total reinsurance thereof. It shall be the duty of the director to take necessary action to transfer the proceeds of such securities to the State Treasurer who shall, upon receipt thereof, deposit such proceeds to the account of the state General Fund.
Source
Laws 1955, c. 174, § 12, p. 501.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-319.13 - Sections; cumulative.

44-319.13.
Sections; cumulative.
Nothing in sections 44-319.01 to 44-319.13 shall be construed to amend, repeal, or otherwise affect the provisions of sections 44-305 and 44-821 to 44-825.
Source
Laws 1955, c. 174, § 13, p. 501.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-320.01 - Domestic company; capital stock; retirement not to constitute sale, when; reinsurance or consolidation; effect.

44-320.01.
Domestic company; capital stock; retirement not to constitute sale, when; reinsurance or consolidation; effect.
Retirement of the capital stock of a domestic stock insurance company and the payment to the holders of such stock of its value under a plan for the mutualization of such company shall not constitute a sale of such stock within the prohibition of section 44-320; nor shall a contract to reinsure or assume the risks and business of another insurance company through reinsurance or consolidation as provided for by sections 44-224.01 to 44-224.10, be deemed to be either a sale or purchase of property within the prohibition of section 44-320.
Source
Laws 1953, c. 149, § 1(2), p. 477;
Laws 1959, c. 198, § 2, p. 706.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-321 - Health insurance policy; mental health service delivered in a school; insurer; prohibited acts.

44-321.
Health insurance policy; mental health service delivered in a school; insurer; prohibited acts.
(1) For purposes of this section:
(a) Health insurance policy means (i) any individual or group sickness and accident insurance policy or subscriber contract delivered, issued for delivery, or renewed in this state and any hospital, medical, or surgical expense-incurred policy, except for a policy that provides coverage for a specified disease or other limited-benefit coverage, and (ii) any self-funded employee benefit plan to the extent not preempted by federal law; and
(b) School means a public, private, denominational, or parochial school which meets the requirements for accreditation or approval prescribed in Chapter 79.
(2) Notwithstanding section 44-3,131, an insurer offering a health insurance policy shall not deny coverage or payment for a mental health service solely because the service is delivered in a school.
(3) Nothing in this section shall:
(a) Require an insurer offering a health insurance policy to pay for mental health services that are otherwise excluded from such health insurance policy;
(b) Require an insurer offering a health insurance policy to pay for mental health services that are provided by an individual employed by or under contract with a school district or an educational service unit in a regular full-time or part-time position; or
(c) Prevent application of any other provision of such health insurance policy.
(4) This section applies to health insurance policies issued or renewed on or after January 1, 2020, and to claims for reimbursement based on such policies for costs incurred on or after January 1, 2020.
Source
Laws 2019, LB619, § 1.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-322.01 - Financial analysis ratios; examination synopses; confidentiality; immunity.

44-322.01.
Financial analysis ratios; examination synopses; confidentiality; immunity.
(1) All financial analysis ratios and examination synopses concerning insurance companies that are submitted to the director by the National Association of Insurance Commissioners which are determined by such association to be confidential may not be disclosed or released for public inspection by the director.
(2) In the absence of actual malice, members of the National Association of Insurance Commissioners, the association's duly authorized committees, subcommittees, task forces, delegates, and employees, and all others charged with the responsibility of collecting, reviewing, analyzing, and disseminating the information developed from the filing of the annual statement convention blanks are acting as agents of the director and shall not be subject to civil liability for libel, slander, or any cause of action by virtue of their collection, review, and analysis or dissemination of the data and information collected from the filings required of insurance companies under the insurance laws of this state or similar laws of other states.
Source
Laws 1989, LB 92, § 9.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-323 - Life insurance policy, disability insurance policy, or long-term care insurance policy; living organ donor; treatment.

44-323.
Life insurance policy, disability insurance policy, or long-term care insurance policy; living organ donor; treatment.
(1) For purposes of this section:
(a) Insurance coverage means coverage under a disability insurance, life insurance, or long-term care insurance policy; and
(b) Living organ donor means an individual who:
(i) Has donated all or part of an organ; and
(ii) Is not deceased.
(2) It shall be unlawful for an insurer to deny insurance coverage, cancel insurance coverage, or determine the price or premium for, refuse to issue, or otherwise vary any term or condition of a life insurance policy, disability insurance policy, or long-term care insurance policy solely on the basis of an individual's status as a living organ donor and without any unique and material actuarial risks in accordance with sound actuarial principles and actual and reasonably anticipated and expected experiences of such individual on the basis of the individual's status as a living organ donor.
Source
Laws 2022, LB863, § 18.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-325 - Domestic insurer; dividends; payment; limitation.

44-325.
Domestic insurer; dividends; payment; limitation.
No domestic insurer shall declare or pay a dividend from any source other than earned surplus. For purposes of this section, earned surplus means an amount equal to the unassigned funds of an insurer as set forth in the most recent annual statement of the insurer submitted to the Director of Insurance including any surplus arising from unrealized capital gains or revaluation of assets.
Any dividend in excess of the unassigned funds of an insurer, excluding any surplus arising from unrealized capital gains or revaluation of assets, shall be deemed an extraordinary dividend and shall be subject to the requirements of section 44-2134.
Source
Laws 1913, c. 154, § 53, p. 420;
R.S.1913, § 3189;
Laws 1919, c. 190, tit. V, art. IV, § 24, p. 599;
C.S.1922, § 7789;
C.S.1929, § 44-324;
R.S.1943, § 44-325;
Laws 1976, LB 916, § 2;
Laws 1996, LB 689, § 1.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-326 - Domestic company; disbursements; how made.

44-326.
Domestic company; disbursements; how made.
No domestic company shall make any disbursement of one hundred dollars or more other than policy proceeds or benefits unless the disbursement is evidenced by an invoice, a statement of account, or a voucher issued by or on behalf of the person, firm, or corporation receiving the money and correctly describing the consideration for the disbursement. If the invoice, statement of account, or voucher is unavailable, the disbursement shall be evidenced by an affidavit of some officer of the company identifying the disbursement and the consideration for the disbursement and stating the reason the invoice, statement of account, or voucher is unavailable.
Source
Laws 1913, c. 154, § 47, p. 418;
R.S.1913, § 3183;
Laws 1919, c. 190, tit. V, art. IV, § 18, p. 597;
C.S.1922, § 7783;
C.S.1929, § 44-318;
R.S.1943, § 44-326;
Laws 1989, LB 92, § 99.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-348 - Policies, bonds, or certificates; form; approval.

44-348.
Policies, bonds, or certificates; form; approval.
Except as otherwise provided in Chapter 44 or by the director, no insurance policy, bond, or certificate issued under such policy or bond shall be issued or delivered in this state unless and until a copy of the form has been filed with and approved by the director.
Source
Laws 1913, c. 154, § 138, p. 466;
R.S.1913, § 3275;
Laws 1919, c. 190, tit. V, art. XI, § 3, p. 648;
C.S.1922, § 7882;
C.S.1929, § 44-1103;
R.S.1943, § 44-348;
Laws 1989, LB 92, § 100;
Laws 1991, LB 233, § 44.
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).
Where endorsement form approved to eliminate coverage of named person is altered by insurer to directly conflict with omnibus clause, it is not valid. Workman v. Great Plains Ins. Co., Inc., 189 Neb. 22, 200 N.W.2d 8 (1972).
Copy of policy form was filed with and approved by department. Peterson v. State Automobile Ins. Assn., 160 Neb. 420, 70 N.W.2d 489 (1955).
Department of Insurance cannot be compelled to approve form of rider which does not state in concise terms the exact coverage or liability prescribed by statute. State ex rel. Republic National Life Ins. Co., v. Smrha, 138 Neb. 484, 293 N.W. 372 (1940).
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-349 - Policy or contract; statement required.

44-349.
Policy or contract; statement required.
No policy or contract of insurance or renewal thereof shall be made, issued, used, or delivered by any assessment insurer in this state unless it states on its face that it is issued by an assessment insurer.
Source
Laws 1913, c. 154, § 136, p. 466;
R.S.1913, § 3273;
Laws 1919, c. 190, tit. V, art. XI, § 1, p. 647;
C.S.1922, § 7880;
C.S.1929, § 44-1101;
R.S.1943, § 44-349;
Laws 1959, c. 201, § 1, p. 711;
Laws 2008, LB855, § 3.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-350 - Insurance companies; use of name; policies; state name of company; exceptions.

44-350.
Insurance companies; use of name; policies; state name of company; exceptions.
Every insurance company shall conduct its business in this state in its own name, and the policies and contracts of insurance issued by it shall be headed or entitled by such name. Two or more companies may jointly issue an underwriter's policy, upon which must appear the names of the companies guaranteeing the same, and such companies shall be jointly and severally liable thereon;
Provided,
this limitation shall not apply to any insurance company admitted to this state and issuing an underwriter's policy prior to the passage and approval of this chapter, nor, in the discretion of the Department of Insurance, to any insurance company desiring to issue an underwriter's policy after the passage and approval of this chapter.
Source
Laws 1913, c. 154, § 32, p. 412;
R.S.1913, § 3168;
Laws 1919, c. 190, tit. V, art. IV, § 3, p. 591;
C.S.1922, § 7768;
C.S.1929, § 44-303;
R.S.1943, § 44-350.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-351 - Insurance companies; similar names; use prohibited.

44-351.
Insurance companies; similar names; use prohibited.
No company, association, or society organized under sections 44-202 to 44-208.08 shall take any name in use by any other company, association, or society or so closely resembling such name as to mislead the public as to its identity.
Source
Laws 1913, c. 154, § 73, p. 424;
R.S.1913, § 3209;
Laws 1919, c. 190, tit. V, art. IV, § 43, p. 604;
C.S.1922, § 7808;
C.S.1929, § 44-343;
R.S.1943, § 44-351;
Laws 1989, LB 92, § 101.
Annotations
Grand Lodge of one state may be enjoined from transacting insurance business in another state to injury of Grand Lodge of that state. Grand Lodge, A. O. U. W. v. Grand Lodge, A. O. U. W., 106 Neb. 12, 182 N.W. 510 (1921).
Question of similarity of names is judicial question. Grand Lodge, A. O. U. W. v. Insurance Board, 103 Neb. 99, 170 N.W. 617 (1919).
If name or title of beneficiary insurance company contains a descriptive word by which it is generally known to public, to incorporate that word as the characteristic word in the name of a proposed new company would have a tendency to mislead the public. Knights of Maccabees of the World v. Searle, 75 Neb. 285, 106 N.W. 448 (1905).
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-352 - Insurance companies; name of other company; use; penalty; appeal.

44-352.
Insurance companies; name of other company; use; penalty; appeal.
It shall be unlawful for any insurance company to permit the use of its name or for any other company, person, or firm to use the name of any insurance company in such a way as to deceive or mislead the public. The violation of this section or section 44-351 by an insurance company shall be grounds for the suspension or revocation of its license, and the person, firm, or corporation so using the name of an insurance company shall be punished by a fine not exceeding one hundred dollars for each offense. An appeal of a suspension, revocation, or fine may be taken, and the appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1913, c. 154, § 33, p. 412;
R.S.1913, § 3169;
Laws 1919, c. 190, tit. V, art. IV, § 4, p. 591;
C.S.1922, § 7769;
C.S.1929, § 44-304;
R.S.1943, § 44-352;
Laws 1969, c. 359, § 14, p. 1274;
Laws 1988, LB 352, § 44;
Laws 1989, LB 92, § 102.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-353 - Policies; department may inspect.

44-353.
Policies; department may inspect.
The Department of Insurance and its employees shall have the right at any time to inspect any policy covering any risk in this state. Every policyholder shall procure and exhibit any policy in his possession or control when required for the inspection of the department or its assistants or employees.
Source
Laws 1913, c. 154, § 68, p. 423;
R.S.1913, § 3204;
Laws 1919, c. 190, tit. V, art. IV, § 38, p. 603;
C.S.1922, § 7803;
C.S.1929, § 44-338;
R.S.1943, § 44-353.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-354 - Policies; special fees prohibited.

44-354.
Policies; special fees prohibited.
It shall be unlawful for any insurance company, association or society, or for any officer, manager, agent, or other representative thereof, to include in the sum charged or designated in any policy as the consideration for insurance, any fee, compensation, charge, or perquisite whatsoever, not specified in the policy. When collected the same shall be reported as such.
Source
Laws 1913, c. 154, § 69, p. 423;
R.S.1913, § 3205;
Laws 1919, c. 190, tit. V, art. IV, § 39, p. 603;
C.S.1922, § 7804;
C.S.1929, § 44-339;
R.S.1943, § 44-354.
Annotations
Premium or consideration for insurance should be designated in policy as provided herein. Machurek v. Ohio Nat. Life Ins. Co., 125 Neb. 35, 249 N.W. 81 (1933).
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-355 - Policies; premiums; report required.

44-355.
Policies; premiums; report required.
Every agent or other representative of any company issuing a policy on its own behalf in this state shall report to the company the exact consideration charged and written in the policy as a premium for the risk.
Source
Laws 1913, c. 154, § 70, p. 424;
R.S.1913, § 3206;
Laws 1919, c. 190, tit. V, art. IV, § 40, p. 603;
C.S.1922, § 7805;
C.S.1929, § 44-340;
R.S.1943, § 44-355.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-356 - Policies; violations; penalty.

44-356.
Policies; violations; penalty.
(1) A violator of any of the provisions of section 44-353 shall be fined not more than one hundred dollars.
(2) A violation of any of the provisions of section 44-354 or 44-355 shall be an unfair trade practice in the business of insurance subject to the Unfair Insurance Trade Practices Act.
Source
Laws 1913, c. 154, § 71, p. 424;
R.S.1913, § 3207;
Laws 1919, c. 190, tit. V, art. IV, § 41, p. 603;
C.S.1922, § 7806;
C.S.1929, § 44-341;
R.S.1943, § 44-356;
Laws 1989, LB 92, § 103;
Laws 2008, LB855, § 4.
Cross References
Unfair Insurance Trade Practices Act, see section 44-1521.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-357 - Policies; stipulations forbidden.

44-357.
Policies; stipulations forbidden.
No insurance company shall issue in this state any policy or contract of insurance containing a provision, stipulation or agreement that such policy shall be construed according to the laws of any other state or country, or any provision limiting the time within which an action may be brought to less than the regular period of time prescribed by the statutes of limitations of this state, unless otherwise prescribed by this chapter.
Source
Laws 1913, c. 154, § 49, p. 419;
R.S.1913, § 3185;
Laws 1919, c. 190, tit. V, art. IV, § 20, p. 598;
C.S.1922, § 7785;
C.S.1929, § 44-320;
R.S.1943, § 44-357.
Annotations
A fire insurance policy legally issued in Nebraska containing one year limitation of action but also containing provision conforming it to state statutes is subject to limitation hereunder. Wulf v. Farm Bureau Ins. Co., 190 Neb. 34, 205 N.W.2d 640 (1973).
Where policy issued in this state provides twelve months' limitation for filing action but also contains provision amending terms to conform with conflicting statutes, limitations in state statutes are applicable. Hiram Scott College v. Insurance Co. of North America, 187 Neb. 290, 188 N.W.2d 688 (1971).
Statute of limitations on fire insurance policy was governed by provisions of New York standard form. Rhodes v. Continental Ins. Co., 180 Neb. 10, 141 N.W.2d 415 (1966).
A provision in benefit certificate that suit must be commenced within one year of death of member, if valid in state where contract is made, will be enforced in Nebraska. Avondale v. Sovereign Camp, W. O. W., 134 Neb. 717, 279 N.W. 355 (1938).
Where defendant amended its by-laws so as to avail itself of the provisions of this section, question of the amended by-law being reasonable, as to the insured and binding upon his beneficiary, was raised but not decided. Williams v. Western Travelers Accident Assn., 97 Neb. 352, 149 N.W. 822 (1914).
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-360 - Insurance companies; agreements affecting rates or lessening competition; prohibited; appeal.

44-360.
Insurance companies; agreements affecting rates or lessening competition; prohibited; appeal.
If any insurance company authorized to transact business in this state or any agent or representative thereof shall, either within or outside this state, directly or indirectly, enter into any contract, understanding, or combination with any other insurance company, agent, or representative thereof or with any association of such companies or agents, for the purpose of controlling the rates to be charged for insuring any risk or class or classes of risks in this state or for the purpose of, or that may have the tendency or effect of, preventing or lessening lawful competition in the transaction of the business of insurance in this state, the Department of Insurance shall forthwith revoke its license and the licenses of its agents, and no renewal of the license shall be granted until after the expiration of one year from the date of final revocation. An appeal may be taken from the decision of the department, and the appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1913, c. 154, § 50, p. 419;
R.S.1913, § 3186;
Laws 1919, c. 190, tit. V, art. IV, § 21, p. 598;
C.S.1922, § 7786;
C.S.1929, § 44-321;
Laws 1935, c. 100, § 1, p. 329;
C.S.Supp.,1941, § 44-321;
R.S.1943, § 44-360;
Laws 1969, c. 359, § 15, p. 1274;
Laws 1988, LB 352, § 45.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-361.01 - Rebates; circumventing; presumptions.

44-361.01.
Rebates; circumventing; presumptions.
(1) A licensed agent whose total commissions and underwriting fees on business written upon the property, life, health, or liability of himself or herself, his or her relatives by consanguinity or affinity, and his or her employer or employees exceed ten percent of the total commissions or underwriting fees received during any one license year shall be presumed to have obtained a license or renewal thereof primarily to circumvent the enforcement of section 44-361, except that for a licensed agent soliciting crop insurance, the percentage shall be thirty percent for commissions and underwriting fees on crop insurance business.
(2) A licensed agent whose total commissions and underwriting fees on business written upon the property, life, health, or liability of himself or herself, his or her relatives by consanguinity or affinity, and his or her employer or employees exceed thirty percent of the total commissions and underwriting fees received during any one license year shall be conclusively presumed to have obtained a license or renewal thereof primarily to circumvent the enforcement of section 44-361, except that for a licensed agent soliciting crop insurance, the percentage shall be fifty percent for commissions and underwriting fees on crop insurance business.
Source
Laws 1955, c. 175, § 3, p. 503;
Laws 2013, LB59, § 1.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-361.02 - Rebates; circumventing; enforcement; penalty.

44-361.02.
Rebates; circumventing; enforcement; penalty.
Any agent who is found to have obtained a license or renewal primarily to circumvent enforcement of section 44-361 shall, in addition to any other penalty imposed by law, be guilty of a Class V misdemeanor.
Source
Laws 1955, c. 175, § 4, p. 504;
Laws 1977, LB 40, § 232.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-367 - Rebates; violation; license; revocation; appeal.

44-367.
Rebates; violation; license; revocation; appeal.
The license of any insurance company, agent, or broker found by the Department of Insurance, after hearing, to have violated section 44-361 may be revoked or suspended. Appeal may be taken from the decision of the Director of Insurance, and the appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1913, c. 154, § 144, p. 469;
R.S.1913, § 3281;
Laws 1919, c. 190, tit. V, art. XI, § 9, p. 650;
C.S.1922, § 7888;
C.S.1929, § 44-1109;
Laws 1935, c. 97, § 2, p. 325;
C.S.Supp.,1941, § 44-1109;
R.S.1943, § 44-367;
Laws 1969, c. 359, § 16, p. 1274;
Laws 1988, LB 352, § 46;
Laws 1989, LB 92, § 104.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-369 - Premium notes; sale or pledge before delivery of policy; prohibited.

44-369.
Premium notes; sale or pledge before delivery of policy; prohibited.
It shall be unlawful for any company or agent thereof to hypothecate, sell or dispose of a promissory note, received in payment for any part of a premium on a policy of insurance applied for under the provisions of this chapter, prior to the delivery of the policy to the applicant.
Source
Laws 1913, c. 154, § 154, p. 471;
R.S.1913, § 3291;
Laws 1919, c. 190, tit. V, art. XI, § 19, p. 653;
C.S.1922, § 7898;
C.S.1929, § 44-1119;
R.S.1943, § 44-369.
Annotations
Sale or pledge of note given for insurance premium is unlawful prior to delivery of policy. Standard Investment Co. v. Fisher, 126 Neb. 394, 253 N.W. 427 (1934).
Evidence was insufficient to show good faith in the purchase of note which was bought before insurance policy delivered. State Bank v. House, 114 Neb. 681, 209 N.W. 246 (1926).
A bank purchasing with full knowledge that the note was given to pay insurance prior to delivery of policy is not a bona fide holder and cannot recover thereon. Stockmen's State Bank v. Fisher, 106 Neb. 525, 184 N.W. 55 (1921).
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-370 - Life insurance policy; proceeds; payments; sale; surrender; pledge; change of beneficiary.

44-370.
Life insurance policy; proceeds; payments; sale; surrender; pledge; change of beneficiary.
A life insurance company may provide that the amount to become due under a policy shall be paid in installments to a beneficiary therein named. If such beneficiary shall die before all said installments are paid, said policy may provide to whom the remaining ones shall be paid. Any person holding a policy in any such company may, without the consent of the beneficiary, unless the appointment of such beneficiary be irrevocable, either sell and surrender the same to the company, or pledge or assign the same as security for a debt, which, if due the company, shall be secured by said policy, whether it is in the possession of the company or not; or, with the consent of the company, he may change his beneficiary unless the appointment of such beneficiary be irrevocable.
Source
Laws 1913, c. 154, § 153, p. 471;
R.S.1913, § 3290;
Laws 1919, c. 190, tit. V, art. XI, § 18, p. 653;
C.S.1922, § 7897;
C.S.1929, § 44-1118;
R.S.1943, § 44-370;
Laws 1969, c. 366, § 1, p. 1302.
Annotations
The phrase "person holding a policy," used in this section, describes the owner of the policy. The owner of a life insurance policy need not be the insured, that is, the person whose death obligates the insurer to pay under the policy. Universal Assurors Life Ins. Co. v. Hohnstein, 243 Neb. 359, 500 N.W.2d 811 (1993).
Where insured was unable to obtain possession of policy of insurance from divorced wife, notice of change of beneficiary was effective, even though change was not endorsed on policy. Marley v. New York Life Ins. Co., 147 Neb. 646, 24 N.W.2d 652 (1946).
Statute does not preclude a husband from legally transferring the beneficial interest in a life insurance policy to a person other than his wife. Smith v. Pacific Mutual Life Ins. Co., 130 Neb. 501, 265 N.W. 534 (1936).
Change in beneficiary was effected even though details of consent were not complied with by insurer before death of insured. Goodrich v. Equitable Life Assurance Society, 111 Neb. 616, 197 N.W. 380 (1924).
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-372 - Life insurance; annuity; nonpayment of premium; effect.

44-372.
Life insurance; annuity; nonpayment of premium; effect.
Any policy containing a provision for a deferred annuity on the life of the insured only, unless paid for by a single premium, shall provide that in the event of the nonpayment of any premium after three full years' premium shall have been paid, the annuity shall automatically become converted into a paid-up annuity for such proportion of the original annuity as the number of completed years' premiums paid bears to the total number of premiums required under the contract.
Source
Laws 1913, c. 154, § 146, p. 469;
R.S.1913, § 3283;
Laws 1919, c. 190, tit. V, art. XI, § 11, p. 651;
C.S.1922, § 7890;
C.S.1929, § 44-1111;
R.S.1943, § 44-372.
Annotations
Legislature has used the word premiums as descriptive of the payment on annuity contracts. Bankers Life Ins. Co. v. Laughlin, 160 Neb. 480, 70 N.W.2d 474 (1955).
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-373 - Corporate directors, officers, and employees; insurance upon lives; requirements.

44-373.
Corporate directors, officers, and employees; insurance upon lives; requirements.
Whenever a corporation, organized under the laws of this state, has heretofore caused or shall hereafter cause the life of any director, officer, agent or employee to be insured, or whenever such corporation is named as a beneficiary in, or assignee of, any policy of life insurance, due authority to assign, release, relinquish, convert, surrender, change the beneficiary, or to take any other or different action with reference to such insurance, shall be sufficiently evidenced to the insurance company by a written statement that the same has been approved by a majority of the board of directors, which statement shall be signed by the president and the secretary, or other corresponding officer, of such corporation, under its corporate seal. Such statement shall be binding upon such corporation, and shall protect the insurance company concerned in any act done or suffered by it upon the faith thereof without further inquiry into the validity of the corporate authority or the regularity of the corporate proceedings. No person shall be disqualified, by reason of interest in the subject matter, from acting as a director or as a member of the executive committee of such corporation on any corporate act touching such insurance.
Source
Laws 1927, c. 137, § 1, p. 378;
C.S.1929, § 44-1123;
R.S.1943, § 44-373.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-374 - Property insurance; insurable interest required.

44-374.
Property insurance; insurable interest required.
No policy of insurance shall be issued upon any property except in the name of some party having an interest in the property.
Source
Laws 1913, c. 154, § 34, p. 413;
R.S.1913, § 3170;
Laws 1919, c. 190, tit. V, art. IV, § 5, p. 591;
C.S.1922, § 7770;
C.S.1929, § 44-305;
R.S.1943, § 44-374.
Annotations
Policy of insurance, issued in name of two joint owners of automobile, could not be canceled by one owner without consent of the other owner. Kent v. Dairyland Mut. Ins. Co., 177 Neb. 709, 131 N.W.2d 146 (1964).
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-375 - Insurance; applicable only to insured's interest.

44-375.
Insurance; applicable only to insured's interest.
When the name of the party intended to be insured is specified in a policy, such insurance can be applied only to his own proper interest.
Source
Laws 1913, c. 154, § 64, p. 423;
R.S.1913, § 3200;
Laws 1919, c. 190, tit. V, art. IV, § 34, p. 602;
C.S.1922, § 7799;
C.S.1929, § 44-334;
R.S.1943, § 44-375.
Annotations
A claimant under an insurance contract must show an interest in the contract that would be recognized and protected by the courts. Sayah v. Metropolitan Prop. & Cas. Ins. Co., 273 Neb. 744, 733 N.W.2d 192 (2007).
Neither family use of property nor the family relationship alone gives automatic rise to an insurable property interest. Sayah v. Metropolitan Prop. & Cas. Ins. Co., 273 Neb. 744, 733 N.W.2d 192 (2007).
To have an insurable interest, the claimant must have some legally enforceable right that would be recognized and enforced in the property at issue. Sayah v. Metropolitan Prop. & Cas. Ins. Co., 273 Neb. 744, 733 N.W.2d 192 (2007).
When no legally enforceable interest exists, no insurable interest exists. Sayah v. Metropolitan Prop. & Cas. Ins. Co., 273 Neb. 744, 733 N.W.2d 192 (2007).
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-376 - Insurance; policy issued to agent or trustee.

44-376.
Insurance; policy issued to agent or trustee.
When insurance is issued to an agent or trustee, the fact that his principal or beneficiary is the person really insured is sufficiently indicated by describing him as agent or trustee or by other general words in the policy.
Source
Laws 1913, c. 154, § 65, p. 423;
R.S.1913, § 3201;
Laws 1919, c. 190, tit. V, art. IV, § 35, p. 603;
C.S.1922, § 7800;
C.S.1929, § 44-335;
R.S.1943, § 44-376.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-377 - Insurance; joint, partnership, or limited liability company interest; policy terms.

44-377.
Insurance; joint, partnership, or limited liability company interest; policy terms.
To render an insurance policy effective by one partner, member, or part owner applicable to the interest of another partner, member, or owner, it is necessary that the terms of the policy should be such as are applicable to the joint, partnership, or limited liability company interest.
Source
Laws 1913, c. 154, § 66, p. 423;
R.S.1913, § 3202;
Laws 1919, c. 190, tit. V, art. IV, § 36, p. 603;
C.S.1922, § 7801;
C.S.1929, § 44-336;
R.S.1943, § 44-377;
Laws 1993, LB 121, § 221.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-378 - Insurance; insured described generally; who may claim.

44-378.
Insurance; insured described generally; who may claim.
When the description of the insured in the policy is so general that it may comprehend any person or class of persons, he only can claim the benefit of the policy who can show that it was intended to include him.
Source
Laws 1913, c. 154, § 67, p. 423;
R.S.1913, § 3203;
Laws 1919, c. 190, tit. V, art. IV, § 37, p. 603;
C.S.1922, § 7802;
C.S.1929, § 44-337;
R.S.1943, § 44-378.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-386.01 - Unincorporated mutual associations; contract of association; approval of director required; changes or additions, filing.

44-386.01.
Unincorporated mutual associations; contract of association; approval of director required; changes or additions, filing.
No association described in section 44-386 as may hereafter be formed shall provide any insurance coverage until it has filed with and received the approval of the Department of Insurance on such association's contract of association containing the name of the association, the place in Nebraska where its principal office will be located, the method of electing its officers and directors, and the method and procedure of doing business and copies of all contracts of association for insurance, applications, policies, certificates, and other evidence of insurance coverage to be used by such association in connection with its operation. No such association shall receive approval to operate if it has not filed its contract of association prior to August 25, 1989. All changes of or any additions to such information shall first be filed with and approved by the department before such changes or additions are used or become effective.
Source
Laws 1963, c. 268, § 2, p. 802;
Laws 1989, LB 92, § 105.