reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-517 - Automobile liability policy; notice of intention not to renew; requirements.

44-517.
Automobile liability policy; notice of intention not to renew; requirements.
(1) No insurer shall refuse to renew a policy unless such insurer or its agent shall mail or deliver to the named insured, at the address shown in the policy, at least twenty days' advance notice of its intention not to renew. This section shall not apply: (a) If the insurer has manifested its willingness to renew; nor (b) in case of nonpayment of premium, except that notwithstanding the failure of an insurer to comply with this section, the policy shall terminate on the effective date of any other insurance policy with respect to any automobile designated in both policies.
(2) For purposes of sections 44-514 to 44-521:
(a) An insurer's substitution of insurance upon renewal which results in substantially equivalent coverage shall not be considered a refusal to renew a policy; and
(b) The transfer of a policyholder between insurers within the same insurance group shall be considered a refusal to renew a policy only if the transfer results in policy coverage or rates substantially less favorable to the insured.
(3) Renewal of a policy shall not constitute a waiver or estoppel with respect to grounds for cancellation that existed before the effective date of such renewal.
Source
Laws 1972, LB 1396, § 4;
Laws 2001, LB 360, § 3.
Annotations
This section does not require notice in the case of an automatic termination by expiration of the policy period. This section, by its terms, does not apply if the insurer has manifested its willingness to renew or if nonrenewal is due to nonpayment of premium. Sampson v. State Farm Mut. Ins. Co., 205 Neb. 164, 286 N.W.2d 746 (1980).
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-518 - Automobile liability policy; notice of intention not to renew; reason.

44-518.
Automobile liability policy; notice of intention not to renew; reason.
If an insurer shall refuse to renew a policy, as provided for in section 44-517, the insurer shall, upon written request of the named insured, mailed or delivered not less than fifteen days prior to the effective date of such notice of intention not to renew, specify in writing the reason for such refusal to renew. Such reason shall be mailed or delivered to the named insured within five days after receipt of such request.
Source
Laws 1972, LB 1396, § 5.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-519 - Automobile liability policy; notice; proof of receipt.

44-519.
Automobile liability policy; notice; proof of receipt.
Evidence of mailing notice of cancellation, of intention not to renew, or of reasons for cancellation to the named insured's last mailing address known to the insurer shall be sufficient proof of receipt of notice.
Source
Laws 1972, LB 1396, § 6;
Laws 1989, LB 92, § 125.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-520 - Automobile liability policy; cancellation; notice of other insurance; contents.

44-520.
Automobile liability policy; cancellation; notice of other insurance; contents.
When automobile bodily injury and property damage liability coverage is canceled, other than for nonpayment of premium, or in the event of failure to renew automobile bodily injury and property damage liability coverage to which section 44-517 applies, the insurer shall notify the named insured of the insured's possible eligibility for automobile liability insurance through an affiliated insurer or the automobile liability assigned risk plan. Such notice shall accompany or be included in the notice of cancellation or the notice of intent not to renew.
Source
Laws 1972, LB 1396, § 7;
Laws 2001, LB 360, § 4.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-521 - Automobile liability policy; no liability on director or others furnishing information.

44-521.
Automobile liability policy; no liability on director or others furnishing information.
There shall be no liability on the part of, and no cause of action of any nature shall arise against, the Director of Insurance or against any insurer, its authorized representative, its agents, its employees, or any firm, person, or corporation furnishing to the insurer information as to reasons for cancellation or intention not to renew, for any statement made by any of them in any written notice of cancellation or intention not to renew, or in any other communication, oral or written, specifying the reasons for cancellation or intention not to renew, or the providing of information pertaining thereto, or for statements made or evidence submitted at any hearings conducted in connection therewith.
Source
Laws 1972, LB 1396, § 8.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-523 - Automobile liability insurance policy; cancellation; notice; exceptions.

44-523.
Automobile liability insurance policy; cancellation; notice; exceptions.
(1)(a) Except as provided in subdivision (1)(b) of this section, a notice of cancellation, given for reasons other than for nonpayment of premium, of a policy of automobile liability insurance issued or delivered in this state shall only be effective if mailed by registered mail, certified mail, or first-class mail using intelligent mail barcode or another similar tracking method used or approved by the United States Postal Service to the named insured at the address shown in the policy at least thirty days prior to the effective date of such cancellation.
(b) A notice of cancellation, initiated by a premium finance company, of a policy of automobile liability insurance issued or delivered in this state shall only be effective if mailed by registered mail, certified mail, or first-class mail using intelligent mail barcode or another similar tracking method used or approved by the United States Postal Service to the named insured at the address shown in the policy at least ten days prior to the effective date of such cancellation.
(2) For purposes of this section:
(a) An insurer's substitution of insurance upon renewal which results in substantially equivalent coverage shall not be considered a cancellation of a policy; and
(b) The transfer of a policyholder between insurers within the same insurance group shall be considered a cancellation of a policy only if the transfer results in policy coverage or rates substantially less favorable to the insured.
(3) This section shall not apply (a) to any policy subject to sections 44-514 to 44-521, (b) to any policy issued under an automobile assigned risk plan or to any policy of insurance issued principally to cover personal or premises liability of an insured even though such insurance may also provide some incidental coverage for liability arising out of the ownership, maintenance, or use of a motor vehicle on the premises of the insured or on the ways adjoining such premises, and (c) to any policy or coverage which has been in effect less than sixty days at the time notice of cancellation is mailed or delivered by the insurer unless it is a renewal policy.
(4) Any attempted cancellation in violation of the provisions of this section shall be void.
Source
Laws 1972, LB 481, § 1;
Laws 1973, LB 390, § 1;
R.S.1943, (1988), § 44-379.01;
Laws 1989, LB 92, § 127;
Laws 1999, LB 326, § 4;
Laws 2001, LB 360, § 6;
Laws 2017, LB406, § 3.
Annotations
This section governs cancellation of automobile liability policies which are not included in section 44-514. Glockel v. State Farm Mut. Auto. Ins. Co., 219 Neb. 222, 361 N.W.2d 559 (1985).
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-525 - Health claim form; purposes of act.

44-525.
Health claim form; purposes of act.
The purposes of the Standardized Health Claim Form Act are to standardize the forms used in the billing and reimbursement of health care, reduce the number of forms utilized and increase efficiency in the reimbursement of health care through standardization, and encourage the use of electronic data interchange of health care expenses and reimbursement.
Source
Laws 1994, LB 1222, § 53.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-526 - Health claim form; terms, defined.

44-526.
Health claim form; terms, defined.
For purposes of the Standardized Health Claim Form Act:
(1) Ambulatory surgical facility shall mean a facility, not a part of a hospital, which provides surgical treatment to patients not requiring hospitalization and which is licensed as a health clinic as defined by section 71-416 but shall not include the offices of private physicians or dentists whether for individual or group practice;
(2) Health care shall mean any treatment, procedure, or intervention to diagnose, cure, care for, or treat the effects of disease or injury or congenital or degenerative condition;
(3) Health care practitioner shall mean an individual or group of individuals in the form of a partnership, limited liability company, or corporation licensed, certified, or otherwise authorized or permitted by law to administer health care in the course of professional practice and shall include the health care professions and occupations which are regulated in the Uniform Credentialing Act;
(4) Hospital shall mean a hospital as defined by section 71-419 except state hospitals administered by the Department of Health and Human Services;
(5) Institutional care providers shall mean all facilities licensed or otherwise authorized or permitted by law to administer health care in the ordinary course of business and shall include all health care facilities defined in the Health Care Facility Licensure Act;
(6) Issuer shall mean an insurance company, fraternal benefit society, health maintenance organization, third-party administrator, or other entity reimbursing the costs of health care expenses;
(7) Medicaid shall mean the medical assistance program pursuant to the Medical Assistance Act;
(8) Medicare shall mean Title XVIII of the federal Social Security Act, 42 U.S.C. 1395 et seq., as amended; and
(9) Uniform claim form shall mean the claim forms and electronic transfer procedures developed pursuant to section 44-527.
Source
Laws 1994, LB 1222, § 54;
Laws 1996, LB 1044, § 235;
Laws 2000, LB 819, § 68;
Laws 2006, LB 1248, § 58;
Laws 2007, LB463, § 1134.
Cross References
Health Care Facility Licensure Act, see section 71-401.
Medical Assistance Act, see section 68-901.
Uniform Credentialing Act, see section 38-101.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-527 - Health claim form; director; duties.

44-527.
Health claim form; director; duties.
The Director of Insurance shall develop uniform claim forms and uniform electronic transfer procedures for issuers, institutional care providers, and health care practitioners. The director shall consult with interested individuals and associations who have expertise in the development and maintenance of uniform claim forms and procedures. The director shall utilize forms available from state and federal sources and may modify such forms to meet the specific needs for health care in this state.
Source
Laws 1994, LB 1222, § 55.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-528 - Health claim form; acceptance and utilization required.

44-528.
Health claim form; acceptance and utilization required.
No issuer, institutional care provider, or health care practitioner shall contract with any person or employer, union, or other organization under which health care services or benefits are provided unless such person or organization accepts and utilizes or agrees to accept and utilize the uniform claim form for claims for health care services and benefits provided to employees or members.
Source
Laws 1994, LB 1222, § 56.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-529 - Health claim form; hospital and ambulatory surgical facility; billing invoice; duty.

44-529.
Health claim form; hospital and ambulatory surgical facility; billing invoice; duty.
Each hospital and ambulatory surgical facility shall issue and complete a billing invoice on the uniform claim form for outpatient and inpatient services provided by the hospital or ambulatory surgical facility as a condition of reimbursement by medicaid, medicare, and issuers.
Source
Laws 1994, LB 1222, § 57.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-530 - Health claim form; violation; penalty; license revocation.

44-530.
Health claim form; violation; penalty; license revocation.
Any person who knowingly violates or knowingly aids or abets in the violation of the Standardized Health Claim Form Act or who fails to perform any duty under such act shall be guilty of a Class III misdemeanor. Any issuer who violates the act shall be subject to license revocation by the Department of Insurance.
Source
Laws 1994, LB 1222, § 58.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-531 - Reduction or elimination of coverage; restrictive condition; notice required; right of parties to amend contract.

44-531.
Reduction or elimination of coverage; restrictive condition; notice required; right of parties to amend contract.
(1) If an insurer reduces or eliminates any coverage in or introduces a more restrictive condition as part of a policy in force delivered or issued for delivery in this state and subject to sections 44-514 to 44-521 or section 44-522 or 44-523 prior to renewal of the policy and other than at the request of the named insured or as required by law, the insurer shall send to the named insured a notice explaining clearly what coverage has been reduced or eliminated or what condition has been restricted. The notice may be in a printed or electronic form if the named insured requested the electronic form and there was an agreement to that effect with the insurer prior to such request. If the named insured does not receive the notice, the reduction or elimination of coverage or restrictive condition shall not become part of the policy. It shall be a rebuttable presumption that all insureds received the notice if it was sent by email or first-class mail to the named insured's last-known email address or mailing address contained in the policy.
(2) Notice of any reduction or elimination of coverage or restrictive condition as part of a policy in force delivered or issued for delivery in this state and subject to sections 44-514 to 44-521 or section 44-522 or 44-523 and other than at the request of the named insured or as required by law shall be sent to each agency that holds an agency contract with the insurer prior to the introduction into the marketplace of a policy containing the reduction or elimination of coverage or restrictive condition.
(3) Nothing in this section shall restrict the right of the parties to an insurance contract to amend the contract, during the policy term but not during the renewal process, pursuant to an endorsement attached to the policy if requested by a named insured under the policy. An endorsement attached to a policy pursuant to this subsection requires no further notice beyond such endorsement.
Source
Laws 2008, LB1045, § 1.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-601 - Over-insurance; policies for more than five years prohibited.

44-601.
Over-insurance; policies for more than five years prohibited.
It shall be unlawful for any insurance company or any agent to knowingly issue any fire insurance policy upon property within this state for an amount which, with any existing insurance, exceeds the fair value of the property or of the interest of the insured therein, or for a longer time than for five years, except as provided in section 44-812.
Source
Laws 1913, c. 154, § 109, p. 454;
R.S.1913, § 3246;
Laws 1919, c. 190, tit. V, art. VIII, § 1, p. 634;
C.S.1922, § 7845;
C.S.1929, § 44-701;
R.S.1943, § 44-601.
Annotations
Where fire insurance policies issued by different insurers contain prohibitions against other insurance and prorating clauses, but no escape clauses, any loss is to be prorated. Kent v. Insurance Co. of North America, 189 Neb. 769, 205 N.W.2d 532 (1973).
Where fire insurance policy contained condition that total insurance on the property should not exceed a sum named, and at the time, unknown to insurer, there existed other valid insurance in an amount greater than the sum so named, the latter policy does not take effect. Quisenberry v. National Fire Ins. Co., 132 Neb. 793, 273 N.W. 197 (1937).
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-602 - Over-insurance; procurement unlawful.

44-602.
Over-insurance; procurement unlawful.
It shall be unlawful for any party having an insurable interest in property located in this state to knowingly procure any fire insurance policy upon his interest in such property, for an amount in excess of the fair value of his interest in the property, or for an amount which, with any existing insurance thereon, exceeds the fair value of his interest in the property.
Source
Laws 1913, c. 154, § 110, p. 454;
R.S.1913, § 3247;
Laws 1919, c. 190, tit. V, art. VIII, § 2, p. 635;
C.S.1922, § 7846;
C.S.1929, § 44-702;
R.S.1943, § 44-602.
Annotations
Where fire insurance policies issued by different insurers contain prohibitions against other insurance and prorating clauses, but no escape clauses, any loss is to be prorated. Kent v. Insurance Co. of North America, 189 Neb. 769, 205 N.W.2d 532 (1973).
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-603 - Over-insurance; penalties.

44-603.
Over-insurance; penalties.
Every insurer who makes insurance upon any building or property or interest therein against loss or damage by fire, and every agent who issues a fire insurance policy covering any building or property or interest therein, and every insured who procures a policy of fire insurance upon any building or property or interest therein owned by him, is presumed to know the insurable value of such building or property or interest therein at the time such insurance is effected. Any insurer who knowingly makes insurance on any building or property or interest therein against loss or damage by fire in excess of the insurable value thereof, shall be fined in a sum not less than fifty dollars nor more than one hundred dollars. Any agent who knowingly effects insurance on a building or property or interest therein in excess of the insurable value thereof shall be fined in a sum not less than fifteen nor more than twenty-five dollars.
Source
Laws 1913, c. 154, § 111, p. 454;
R.S.1913, § 3248;
Laws 1919, c. 190, tit. V, art. VIII, § 3, p. 635;
C.S.1922, § 7847;
C.S.1929, § 44-703;
R.S.1943, § 44-603.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-606 - Fire insurance; premium; policy must state.

44-606.
Fire insurance; premium; policy must state.
Every fire insurance policy must state on its face the amount of the premium.
Source
Laws 1913, c. 154, § 113, p. 455;
R.S.1913, § 3250;
Laws 1919, c. 190, tit. V, art. VIII, § 5, p. 635;
C.S.1922, § 7849;
C.S.1929, § 44-705;
R.S.1943, § 44-606.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-701 - Life insurance; policies; how signed.

44-701.
Life insurance; policies; how signed.
All life insurance policies except industrial policies delivered in this state shall be signed by the secretary or assistant secretary; in their absence, by a secretary pro tempore and by the president or vice president, or, in their absence, by two directors, of the company issuing the same.
Source
Laws 1913, c. 154, § 118, p. 460;
R.S.1913, § 3255;
Laws 1919, c. 190, tit. V, art. IX, § 1, p. 641;
C.S.1922, § 7854;
C.S.1929, § 44-801;
R.S.1943, § 44-701.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-703 - Life insurance; claims; false statements in application; effect.

44-703.
Life insurance; claims; false statements in application; effect.
In any claim arising under a policy which has been issued in this state by any life insurance company without previous medical examination, or without the knowledge and consent of the insured, or if said insured is under ten years of age, without the consent of the parent, guardian or other person having legal custody of said minor, the statements made in the application as to age, physical condition and family history of the insured, shall be valid and binding upon the company, but the company shall not be debarred from proving as a defense to such claim that said statements were willfully false, fraudulent or misleading.
Source
Laws 1913, c. 154, § 120, p. 460;
R.S.1913, § 3257;
Laws 1919, c. 190, tit. V, art. IX, § 3, p. 641;
C.S.1922, § 7856;
C.S.1929, § 44-803;
R.S.1943, § 44-703;
Laws 1969, c. 373, § 1, p. 1330.
Annotations
If the defendant insurance company fails to set up a condition precedent contained in the insurance policy in suit, and fails to allege its breach by the plaintiff, such defense is waived. Farmers & Bankers Life Ins. Co. v. Mathers, 135 Neb. 757, 284 N.W. 286 (1939).
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-705 - Life, sickness, or accident insurance; annuities; minors; competency.

44-705.
Life, sickness, or accident insurance; annuities; minors; competency.
A minor not less than ten years of age, as determined by nearest birthday, shall not be deemed incompetent by reason of such minority to contract for or with respect to insurance or annuities upon his life or against bodily injury or death by accident or disability from sickness, for the benefit of himself or his estate, or for the benefit of the father, mother, husband, wife, brother or sister of such minor; nor shall such minor be deemed incompetent by reason of such minority to surrender such insurance or give a valid discharge on account of any benefit accruing or for money payable under the contract;
Provided,
such surrender or discharge shall be approved in writing by the parent of such minor or person liable for his support.
Source
Laws 1913, c. 154, § 121, p. 462;
R.S.1913, § 3258;
Laws 1919, c. 190, tit. V, art. IX, § 4, p. 643;
C.S.1922, § 7857;
Laws 1925, c. 118, § 1, p. 314;
C.S.1929, § 44-804;
Laws 1933, c. 77, § 1, p. 319;
Laws 1937, c. 102, § 1, p. 358;
Laws 1941, c. 85, § 1, p. 333;
C.S.Supp.,1941, § 44-804;
R.S.1943, § 44-705;
Laws 1969, c. 373, § 2, p. 1331.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-706 - Life insurance; minors; policy options; applicant may exercise.

44-706.
Life insurance; minors; policy options; applicant may exercise.
Subject to the rights of any person other than the minor whose life is insured, the applicant for a policy upon the life of a minor may during the lifetime of said minor and prior to the time such minor shall be ten years of age at nearest birthday, exercise any option contained in said policy in all respects the same as though such applicant were the person insured by or the owner of said policy, and, under like circumstances, shall be entitled to collect and receive all sums payable upon or on account of such policy.
Source
Laws 1937, c. 102, § 1, p. 359;
Laws 1941, c. 85, § 1, p. 333;
C.S.Supp.,1941, § 44-804;
R.S.1943, § 44-706;
Laws 1969, c. 373, § 3, p. 1331.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-706.01 - Life insurance; minor; payments; competency.

44-706.01.
Life insurance; minor; payments; competency.
Any minor domiciled in this state, who shall have attained the age of eighteen years, shall be deemed competent to receive, and to give full acquittance and discharge for a single sum or for periodical payments, not exceeding three thousand dollars in any one year, payable by a life insurance company under the maturity, death or settlement agreement provisions in effect or elected by such minor under a life insurance policy or annuity contract, if such policy, contract or agreement shall provide for the payment or payments to such minor and if prior to such payment the company had not received written notice of the appointment of a duly qualified guardian of the estate of such minor; but no such minor shall be deemed competent to alienate the right to such payment or payments or to anticipate the same.
The provisions of this section shall not be construed as requiring any insurance company making such payment to determine whether any other insurance company may be effecting a similar payment to the same minor.
Source
Laws 1969, c. 373, § 4, p. 1332.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-707 - Domestic company; contingency reserve.

44-707.
Domestic company; contingency reserve.
Any domestic life insurance company may accumulate and maintain, in addition to the net value of its policies and all accumulations held on account of existing or future dividends, policies, or groups of such policies, a contingency reserve of not more than twenty percent of said net value, or the sum of one hundred thousand dollars, whichever is the greater. For cause shown, the Department of Insurance may, at any time, and from time to time, permit any company to accumulate and maintain a larger contingency reserve, not exceeding one year under any one permission, by filing in the office of the department a written request stating the reasons therefor.
Source
Laws 1913, c. 154, § 122, p. 462;
R.S.1913, § 3259;
Laws 1919, c. 190, tit. V, art. IX, § 5, p. 643;
C.S.1922, § 7858;
C.S.1929, § 44-805;
R.S.1943, § 44-707;
Laws 1947, c. 165, § 1, p. 472.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-708 - Life insurers; funding agreements; authorized.

44-708.
Life insurers; funding agreements; authorized.
(1) Insurers authorized to deliver or issue for delivery life insurance policies in this state may deliver or issue for delivery one or more funding agreements, but the delivery or issuance for delivery of funding agreements shall not be deemed the business of insurance, life insurance or an annuity or other line of business as set forth in section 44-201, a security as defined in subdivision (15) of section 8-1101, or receipt of gross premiums as set forth in section 77-908. The delivery or issuance for delivery of a funding agreement by an admitted life insurer in this state shall constitute a lawful activity of that insurer that is reasonably related to and incidental to its insurance activities as provided in this section. However, this section shall not authorize any insurer to transact, under the guise of funding agreements, any line of insurance not authorized by its certificate of authority.
(2) No amounts shall be guaranteed or credited under any funding agreement except upon reasonable assumptions as to investment income and expenses and on a basis equitable to all holders of funding agreements of a given class.
(3) Amounts paid to the insurer, and proceeds applied under optional modes of settlement, under funding agreements may be allocated by the insurer to one or more separate accounts.
(4) The Director of Insurance may adopt and promulgate rules and regulations to implement this section, including rules and regulations setting forth the terms and conditions under which an insurer may issue funding agreements.
(5) Notwithstanding any other provision of law, the director shall have sole authority to regulate the issuance and sale of funding agreements, including the persons selling funding agreements on behalf of insurers.
(6) Nothing in this section is intended to affect the order in which allowed claims shall be given preference under section 44-4842. Holders of funding agreements shall retain the priority in allowance of claims described in subdivision (2) of section 44-4842.
(7) For purposes of this section, funding agreement means an agreement that authorizes an admitted life insurer to accept funds and that provides for an accumulation of those funds for the purpose of making one or more payments at future dates in amounts that are not based on mortality or morbidity contingencies. Funding agreement does not include any agreement in connection with the funding of one or more payments that are excludable from the gross income of the recipient under section 104(a)(2) of the Internal Revenue Code.
Source
Laws 2004, LB 1047, § 21.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-708.01 - Life insurers; synthetic guaranteed investment contracts; authorized.

44-708.01.
Life insurers; synthetic guaranteed investment contracts; authorized.
(1) Insurers authorized to deliver or issue for delivery life insurance policies in this state may deliver or issue for delivery synthetic guaranteed investment contracts if the following requirements are met:
(a) The insurer is authorized to deliver, or issue for delivery, life insurance policies in this state; and
(b) The insurer has at least one billion dollars in admitted assets or one hundred million dollars in capital and surplus, as reflected by the most recent financial statements on file with the Director of Insurance.
(2) Synthetic guaranteed investment contracts, that are not otherwise subject to filing under applicable law and regulation, shall be filed, before being marketed or issued in this state, by the insurer with the director. If the director finds that the synthetic guaranteed investment contracts contemplate practices that are unfair or unreasonable or otherwise inconsistent with the provisions of Chapter 44, the director may disapprove of the forms of synthetic guaranteed investment contracts specifying in what regard the synthetic guaranteed investment contracts are unfair or unreasonable or otherwise inconsistent with the provisions of Chapter 44.
(3) The director may adopt and promulgate rules and regulations to implement this section, including rules and regulations setting forth the terms and conditions under which an insurer may issue synthetic guaranteed investment contracts.
(4) For purposes of this section, synthetic guaranteed investment contract means a policy, contract, or agreement that establishes the insurer's obligations under the policy, contract, or agreement by reference to a portfolio of assets that is not owned or possessed by the insurer.
Source
Laws 2004, LB 1047, § 22.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-709 - Sickness and accident insurance, defined.

44-709.
Sickness and accident insurance, defined.
The term sickness and accident insurance as used in sections 44-710 to 44-767 shall mean insurance against loss or expense resulting from the sickness of the insured, from the bodily injury or death of the insured by accident, or both.
Source
Laws 1947, c. 164, § 1, p. 452;
Laws 1957, c. 188, § 1, p. 642;
Laws 1989, LB 92, § 129.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-710.02 - Sickness and accident insurance; insurer domiciled in state; delivery in another state; approval.

44-710.02.
Sickness and accident insurance; insurer domiciled in state; delivery in another state; approval.
If any policy of sickness and accident insurance is issued by an insurer domiciled in this state for delivery to a person residing in another state and if the official having responsibility for the administration of the insurance laws of such other state has advised the Director of Insurance that any such policy is not subject to approval or disapproval by such official, the Director of Insurance may by ruling require that such policy meet the standards set forth in sections 44-710.01 and 44-710.03 to 44-710.09.
Source
Laws 1957, c. 188, § 3, p. 644;
Laws 1989, LB 92, § 132.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-710.05 - Sickness and accident insurance; standard policy form; inapplicable; omission or modification.

44-710.05.
Sickness and accident insurance; standard policy form; inapplicable; omission or modification.
If any provision of sections 44-710.03 and 44-710.04 is in whole or in part inapplicable to or inconsistent with the coverage provided by a particular form of policy of sickness and accident insurance, the insurer, with the approval of the Director of Insurance, shall omit from such policy any inapplicable provision or part of a provision and shall modify any inconsistent provision or part of the provision in such manner as to make the provision as contained in the policy consistent with the coverage provided by the policy.
Source
Laws 1957, c. 188, § 6, p. 655;
Laws 1989, LB 92, § 135.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-710.06 - Sickness and accident insurance; standard policy form; provisions; order of arrangement.

44-710.06.
Sickness and accident insurance; standard policy form; provisions; order of arrangement.
The provisions which are the subject of sections 44-710.03 and 44-710.04 or any corresponding provisions which are used in lieu thereof in accordance with such sections shall be printed in the consecutive order of the provisions in such sections, or at the option of the insurer, any such provision may appear as a unit in any part of the policy of sickness and accident insurance with other provisions to which it may be logically related if the resulting policy is not in whole or in part unintelligible, uncertain, ambiguous, abstruse, or likely to mislead a person to whom the policy is offered, delivered, or issued.
Source
Laws 1957, c. 188, § 7, p. 656;
Laws 1989, LB 92, § 136.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-710.07 - Sickness and accident insurance; term insured; construction.

44-710.07.
Sickness and accident insurance; term insured; construction.
The word insured, as used in sections 44-709 to 44-767, shall not be construed as preventing a person other than the insured with a proper insurable interest from making application for and owning a policy of sickness and accident insurance covering the insured or from being entitled under such a policy to any indemnities, benefits, and rights provided therein.
Source
Laws 1957, c. 188, § 8, p. 656;
Laws 1989, LB 92, § 137.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-710.08 - Sickness and accident insurance; foreign or alien insurer; provisions required by laws of domicile of insurer.

44-710.08.
Sickness and accident insurance; foreign or alien insurer; provisions required by laws of domicile of insurer.
(1) Any policy of sickness and accident insurance of a foreign or alien insurer, when delivered or issued for delivery to any person in this state, may contain any provision which is not less favorable to the insured or the beneficiary than the provisions of sections 44-709 to 44-767 and which is prescribed or required by the law of the state under which the insurer is organized.
(2) Any policy of sickness and accident insurance of a domestic insurer may, when issued for delivery in any other state or country, contain any provision permitted or required by the laws of such other state or country.
Source
Laws 1957, c. 188, § 9, p. 656;
Laws 1989, LB 92, § 138.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-710.09 - Sickness and accident insurance; rules and regulations.

44-710.09.
Sickness and accident insurance; rules and regulations.
The Director of Insurance may adopt and promulgate such reasonable rules and regulations concerning the procedure for the filing or submission of policies of sickness and accident insurance subject to sections 44-709 to 44-767 as are necessary, proper, or advisable to the administration of such sections. This provision shall not abridge any other authority granted the Director of Insurance by law.
Source
Laws 1957, c. 188, § 10, p. 656;
Laws 1989, LB 92, § 139.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-710.10 - Sickness and accident insurance; nonstandard provisions; requirements.

44-710.10.
Sickness and accident insurance; nonstandard provisions; requirements.
No policy provision which is not subject to sections 44-710.03 and 44-710.04 shall make a policy of sickness and accident insurance, or any portion thereof, less favorable in any respect to the insured or the beneficiary than the provisions thereof which are subject to sections 44-709 to 44-767.
Source
Laws 1957, c. 188, § 11, p. 657;
Laws 1989, LB 92, § 140.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-710.11 - Sickness and accident insurance; construction of policies.

44-710.11.
Sickness and accident insurance; construction of policies.
A policy of sickness and accident insurance delivered or issued for delivery to any person in this state in violation of sections 44-709 to 44-767 shall be held valid but shall be construed as provided in such sections. When any provision in a policy subject to such sections is in conflict with any provision of such sections, the rights, duties, and obligations of the insurer, the insured, and the beneficiary shall be governed by the provisions of such sections.
Source
Laws 1957, c. 188, § 12, p. 657;
Laws 1989, LB 92, § 141.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-710.12 - Sickness and accident insurance; copy of application attached to policy; request for reinstatement or renewal; copy attached to policy.

44-710.12.
Sickness and accident insurance; copy of application attached to policy; request for reinstatement or renewal; copy attached to policy.
The insured shall not be bound by any statement made in an application for a policy of sickness and accident insurance unless a copy of such application is attached to or endorsed on the policy when issued as a part thereof. If any such policy delivered or issued for delivery to any person in this state is reinstated or renewed and the insured or the beneficiary or assignee of such policy makes written request to the insurer for a copy of the application, if any, for such reinstatement or renewal, the insurer shall, within fifteen days after the receipt of such request at its home office or any branch office of the insurer, deliver or mail to the person making such request a copy of such application. If such copy is not so delivered or mailed, the insurer shall be precluded from introducing such application as evidence in any action or proceeding based upon or involving such policy or its reinstatement or renewal.
Source
Laws 1957, c. 188, § 13, p. 657;
Laws 1989, LB 92, § 142.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-710.13 - Sickness and accident insurance; alteration of application.

44-710.13.
Sickness and accident insurance; alteration of application.
No alteration of any written application for any policy of sickness and accident insurance shall be made by any person other than the applicant without his or her written consent, except that insertions may be made by the insurer, for administrative purposes only, in such manner as to indicate clearly that such insertions are not to be ascribed to the applicant.
Source
Laws 1957, c. 188, § 14, p. 657;
Laws 1989, LB 92, § 143.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-710.14 - Sickness and accident insurance; falsity of application; effect.

44-710.14.
Sickness and accident insurance; falsity of application; effect.
The falsity of any statement in the application for any policy of sickness and accident insurance covered by sections 44-709 to 44-767 may not bar the right to recovery thereunder unless such false statement materially affected either the acceptance of the risk or the hazard assumed by the insurer.
Source
Laws 1957, c. 188, § 15, p. 658;
Laws 1989, LB 92, § 144.
Annotations
This section must be read in pari materia with section 44-358. Farm Bureau Life Ins. Co. v. Luebbe, 218 Neb. 694, 358 N.W.2d 754 (1984); White v. Medico Life Ins. Co., 212 Neb. 901, 327 N.W.2d 606 (1982).
This section should be construed with section 44-358 in determining whether policy risk is avoided. Zimmerman v. Continental Cas. Co., 181 Neb. 654, 150 N.W.2d 268 (1967).
Where insured made no false statements in application, recovery was not barred by this section. Corrigan v. Fireman's Fund Ins. Co., 180 Neb. 13, 141 N.W.2d 170 (1966).
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-710.15 - Sickness and accident insurance; acts of insurer; no waiver.

44-710.15.
Sickness and accident insurance; acts of insurer; no waiver.
The acknowledgment by an insurer of the receipt of notice given under any policy of sickness and accident insurance, the furnishing of forms for filing proofs of loss, the acceptance of such proofs, or the investigation of any claim thereunder shall not operate as a waiver of any of the rights of the insurer in defense of any claim arising under such policy.
Source
Laws 1957, c. 188, § 16, p. 658;
Laws 1969, c. 375, § 1, p. 1335;
Laws 1989, LB 92, § 145.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-710.16 - Sickness and accident insurance; age limit; acceptance of premium, effect; misstatement of age, effect.

44-710.16.
Sickness and accident insurance; age limit; acceptance of premium, effect; misstatement of age, effect.
If any policy of sickness and accident insurance contains a provision establishing, as an age limit or otherwise, a date after which the coverage provided by the policy will not be effective, and if such date falls within a period for which premium is accepted by the insurer or if the insurer accepts a premium after such date, the coverage provided by the policy will continue in force subject to any right of cancellation until the end of the period for which premium has been accepted. In the event the age of the insured has been misstated and if, according to the correct age of the insured, the coverage provided by the policy would not have become effective or would have ceased prior to the acceptance of such premium or premiums, then the liability of the insurer shall be limited to the refund, upon request, of all premiums paid for the period not covered by the policy.
Source
Laws 1957, c. 188, § 17, p. 658;
Laws 1989, LB 92, § 146.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-710.17 - Sickness and accident insurance; individual and franchise policies; riders and endorsements; requirements.

44-710.17.
Sickness and accident insurance; individual and franchise policies; riders and endorsements; requirements.
No restrictive rider or endorsement which is attached to or is to become a part of any individual or franchise policy of sickness and accident insurance delivered or issued for delivery to any person in this state shall be effective unless each such restrictive rider or endorsement or specific request therefor is signed by the applicant, except that the signature of the applicant shall not be required on any endorsement applied to a policy by means of printing or stamping on the policy at the time of original issuance of the policy if notice of the endorsement is affixed on the face and filing back in contrasting color, in not less than twelve-point type. The term restrictive rider or endorsement as used in this section shall mean any rider or endorsement which reduces, restricts, or eliminates coverage of the policy of which the rider or endorsement is a part.
Source
Laws 1963, c. 260, § 1, p. 785;
Laws 1965, c. 264, § 1, p. 748.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-710.18 - Sickness and accident insurance; return of policy; notice; effect.

44-710.18.
Sickness and accident insurance; return of policy; notice; effect.
Except as provided in section 44-3608, every individual policy of sickness and accident insurance, except single-premium nonrenewable policies, shall have printed on its face or attached thereto a notice stating in substance that the person to whom the policy is issued shall be permitted to return the policy within ten days of its delivery to the purchaser and to have the premium paid refunded if, after examination of the policy, the purchaser is not satisfied with it for any reason. If a policyholder or a purchaser pursuant to such notice returns the policy to the insurer at its home office or branch office or to the agent or agency through which it was purchased, it shall be void from the beginning and the parties shall be in the same position as if no policy had been issued.
Source
Laws 1969, c. 374, § 2, p. 1334;
Laws 1980, LB 877, § 12;
Laws 1988, LB 998, § 1;
Laws 1989, LB 92, § 147.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-710.19 - Individual and group sickness and accident insurance; health maintenance organization contract; newly born child; coverage; when.

44-710.19.
Individual and group sickness and accident insurance; health maintenance organization contract; newly born child; coverage; when.
(1) All individual and group policies of sickness and accident insurance providing coverage on an expense-incurred basis and health maintenance organization contracts shall provide benefits for newly born children of the insured or subscriber from the moment of birth.
(2) The coverage for newly born children shall consist of coverage of injury or sickness including the necessary care and treatment of medically diagnosed congenital defects and birth abnormalities.
(3) A policy or contract may require that notification of birth of a newly born child and payment of the required premium or fees shall be furnished to the insurer or health maintenance organization within thirty-one days after the date of birth in order to have the coverage continue beyond such thirty-one-day period.
(4) The requirements of this section shall apply to all insurance policies and subscriber contracts delivered or issued for delivery in this state on or after January 1, 1995.
Source
Laws 1975, LB 28, § 1;
Laws 1989, LB 92, § 148;
Laws 1994, LB 978, § 20.
Annotations
This section requires that any insurance policy in force as to a covered newborn child shall provide coverage in the same manner that it does for other family members. It does not transform a services-incurred policy into an occurrence policy. Howard v. Blue Cross Blue Shield, 242 Neb. 150, 494 N.W.2d 99 (1993).
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-711 - Sickness and accident insurance; hearing on policy form; disapproval; appeal.

44-711.
Sickness and accident insurance; hearing on policy form; disapproval; appeal.
After the expiration of such thirty days from the filing of any such form, as provided in section 44-710, or at any time after having given written approval thereof, the director may, after a hearing of which at least ten days' written notice has been given to the insurer issuing such form, withdraw approval on any of the grounds stated in section 44-710. Such disapproval shall be effected by written order of the director which shall state the grounds for disapproval and the date, not less than thirty days after such hearing, when the withdrawal of approval shall become effective. An appeal from the decision of the Director of Insurance may be taken, and the appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1947, c. 164, § 2(2), p. 453;
Laws 1969, c. 359, § 22, p. 1277;
Laws 1972, LB 1059, § 4;
Laws 1988, LB 352, § 52.
Cross References
Administrative Procedure Act, see section 84-920.