reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1099 - Examination by Director of Insurance.

44-1099.
Examination by Director of Insurance.
(1) The Director of Insurance, or any person he or she may appoint, may examine any domestic, foreign, or alien society transacting or applying for admission to transact business in this state in the same manner as authorized for examination of domestic, foreign, or alien insurers. Requirements of notice and an opportunity to respond before findings are made public as provided in the laws regulating insurers shall also be applicable to the examination of societies.
(2) The expense of each examination and of each valuation, including compensation and actual expense of examiners, shall be paid by the society examined or whose certificates are valued, upon statements furnished by the Director of Insurance.
Source
Laws 1985, LB 508, § 28.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-10,100 - Foreign or alien society; admission.

44-10,100.
Foreign or alien society; admission.
No foreign or alien society shall transact business in this state without a license issued by the Director of Insurance. Any such society desiring admission to this state shall comply substantially with the requirements and limitations of sections 44-1072 to 44-10,109 applicable to domestic societies. Any such society may be licensed to transact business in this state upon filing with the director:
(1) A duly certified copy of its articles of incorporation;
(2) A copy of its bylaws, certified by its secretary or corresponding officer;
(3) A statement of its business under oath of its president and secretary or corresponding officers in a form prescribed by the director, duly verified by an examination made by the supervising insurance official of its home state or other state, territory, province, or country, satisfactory to the Director of Insurance of this state;
(4) Certification from the proper official of its home state, territory, province, or country that the society is legally incorporated and licensed to transact business therein;
(5) Copies of its certificate forms; and
(6) Such other information as the Director of Insurance may deem necessary.
The society shall also submit evidence to the director showing that its assets are invested in accordance with sections 44-1072 to 44-10,109.
Source
Laws 1985, LB 508, § 29;
Laws 2001, LB 360, § 7.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-10,102 - Foreign or alien society; violations of law; director; powers.

44-10,102.
Foreign or alien society; violations of law; director; powers.
(1) When the Director of Insurance upon investigation finds that a foreign or alien society transacting or applying to transact business in this state (a) has exceeded its powers, (b) has failed to comply with any of the provisions of sections 44-1072 to 44-10,109, (c) is not fulfilling its contracts in good faith, or (d) is conducting its business fraudulently or in a manner hazardous to its members, its creditors, or the public, the director shall notify the society of such deficiency or deficiencies and state in writing the reasons for his or her dissatisfaction. He or she shall at once issue a written notice to the society requiring that the deficiency or deficiencies which exist are corrected. After such notice the society shall have a thirty-day period in which to comply with the director's request for correction and if the society fails to comply, the director shall notify the society of such findings of noncompliance and require the society to show cause on a date named why its license should not be suspended, revoked, or refused. If on such date the society does not present good and sufficient reason why its authority to do business in this state should not be suspended, revoked, or refused, the director may suspend or refuse the license of the society to do business in this state until satisfactory evidence is furnished to the director that such suspension or refusal should be withdrawn or the director may revoke the authority of the society to do business in this state.
(2) Nothing in this section shall be taken or construed to prevent any such society from continuing in good faith all contracts made in this state during the time such society was legally authorized to transact business in this state.
Source
Laws 1985, LB 508, § 31.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-10,103 - Injunction; when allowed.

44-10,103.
Injunction; when allowed.
No application or petition for injunction against any domestic, foreign, or alien society, or lodge thereof, shall be recognized in any court of this state unless made by the Attorney General upon request of the Director of Insurance.
Source
Laws 1985, LB 508, § 32.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-10,104 - Licensing of agents.

44-10,104.
Licensing of agents.
(1) Agents of societies shall be licensed in accordance with the laws regulating the licensing, revocation, suspension, or termination of license of resident and nonresident agents.
(2) No examination or license shall be required of any regular salaried officer, employee, or member of a licensed society who devotes substantially all of his or her services to activities other than the solicitation of fraternal insurance contracts from the public and who receives for the solicitation of such contracts no commission or other compensation directly dependent upon the amount of business obtained.
(3) Any agent, representative, or member of a society who devotes, or intends to devote, less than fifty percent of his or her time to the solicitation and procurement of insurance contracts for such society shall be exempt from the requirements of subsection (1) of this section. Any person who in the immediately preceding calendar year has solicited and procured life insurance contracts on behalf of any society in an amount of insurance in excess of fifty thousand dollars or, in the case of any other kind or kinds of insurance which the society might write, on the persons of more than twenty-five individuals and who has received or will receive a commission or other compensation therefor shall be presumed to be devoting, or intending to devote, fifty percent of his or her time to the solicitation or procurement of insurance contracts for such society.
Source
Laws 1985, LB 508, § 33.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-10,105 - Unfair trade practices; applicability.

44-10,105.
Unfair trade practices; applicability.
Every society authorized to do business in this state shall be subject to the Unfair Insurance Trade Practices Act, except that nothing in the act shall be construed as applying to or affecting the right of any society to determine its eligibility requirements for membership or be construed as applying to or affecting the offering of benefits exclusively to members or persons eligible for membership in the society by a subsidiary corporation or affiliated organization of the society.
Source
Laws 1985, LB 508, § 34;
Laws 1986, LB 730, § 1;
Laws 1991, LB 234, § 2.
Cross References
Unfair Insurance Trade Practices Act, see section 44-1521.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-10,106 - Service of process.

44-10,106.
Service of process.
Legal process shall be served upon a society in the manner provided for service of a summons in a civil action.
Source
Laws 1985, LB 508, § 35;
Laws 1987, LB 93, § 12;
Laws 2001, LB 360, § 8.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-10,107 - Appeal; procedure.

44-10,107.
Appeal; procedure.
All decisions and findings of the Director of Insurance made under sections 44-1072 to 44-10,109 may be appealed, and the appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1985, LB 508, § 36;
Laws 1988, LB 352, § 56.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-10,108 - Violations; penalties.

44-10,108.
Violations; penalties.
(1) Any person who willfully makes a false or fraudulent statement in or relating to an application for membership or for the purpose of obtaining money from or a benefit in any society shall be guilty of a Class I misdemeanor.
(2) Any person who willfully makes a false or fraudulent statement in any verified report or declaration under oath required or authorized by sections 44-1072 to 44-10,109, or of any material fact or thing contained in a sworn statement concerning the death or disability of an insured for the purpose of procuring payment of a benefit named in the certificate, shall be guilty of perjury as prescribed in section 28-915.
(3) Any person who solicits membership for, or in any manner assists in procuring membership in, any society not licensed to do business in this state shall be guilty of a Class IV misdemeanor.
(4) Any person guilty of a willful violation of or neglect or refusal to comply with sections 44-1072 to 44-10,109 for which a penalty is not otherwise prescribed shall, upon conviction, be subject to a fine not exceeding two hundred dollars.
Source
Laws 1985, LB 508, § 37.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-10,109 - Applicability of sections; exempt societies; treatment.

44-10,109.
Applicability of sections; exempt societies; treatment.
(1) Sections 44-1072 to 44-10,109 shall not affect or apply to:
(a) Grand or subordinate lodges of societies, orders, or associations doing business in this state immediately prior to September 6, 1985, which provide benefits exclusively through local or subordinate lodges;
(b) Orders, societies, or associations which admit to membership only persons engaged in one or more crafts or hazardous occupations, in the same or similar lines of business, insuring only their own members and their families and auxiliaries to such orders, societies, or associations;
(c) Domestic societies which limit their membership to employees of a particular city or town, designated firm, business house, or corporation which provide for a death benefit of not more than four hundred dollars or disability benefits of not more than three hundred fifty dollars to any person in any one year, or both; or
(d) Domestic societies or associations of a purely religious, charitable, or benevolent description which provide for a death benefit of not more than four hundred dollars or for disability benefits of not more than three hundred fifty dollars to any one person in any one year, or both.
(2) Any such society or association described in subdivision (1)(c) or (1)(d) of this section which provides for death or disability benefits for which benefit certificates are issued, and any such society or association included in subdivision (1)(d) of this section which has more than one thousand members, shall not be exempted from sections 44-1072 to 44-10,109 but shall comply with all requirements thereof.
(3) No society which is exempt from the requirements of sections 44-1072 to 44-10,109 pursuant to this section, except any society described in subdivision (1)(b) of this section, shall give or allow or promise to give or allow to any person any compensation for procuring new members.
(4) Every society which provides for benefits in case of death or disability resulting solely from accident and which does not obligate itself to pay natural death or sick benefits shall have all of the privileges and be subject to all the applicable provisions and regulations of sections 44-1072 to 44-10,109, except that the provisions relating to medical examination, valuations of benefit certificates, and incontestability shall not apply to such society.
(5) The Director of Insurance may require from any society or association, by examination or otherwise, such information as will enable the director to determine whether such society or association is exempt from sections 44-1072 to 44-10,109.
(6) Societies exempted pursuant to this section shall also be exempt from all other provisions of the insurance laws of this state.
Source
Laws 1985, LB 508, § 38.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1101 - Act, how cited.

44-1101.
Act, how cited.
Sections 44-1101 to 44-1117 shall be known and may be cited as the Viatical Settlements Act.
Source
Laws 2001, LB 52, § 27;
Laws 2008, LB853, § 1.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1104 - Disciplinary actions.

44-1104.
Disciplinary actions.
(1) The director may suspend, revoke, or refuse to issue or renew a license issued under the Viatical Settlements Act or that of a life insurance producer operating as a viatical settlement broker under subdivision (1)(b) of section 44-1103 if the director finds that:
(a) There was any material misrepresentation in the application for the license;
(b) The applicant or licensee or any officer, partner, member, or key management personnel is subject to a final administrative action or is otherwise shown to be untrustworthy or incompetent;
(c) The viatical settlement provider demonstrates a pattern of unreasonable payments to viators;
(d) The applicant or licensee or any officer, partner, member, or key management personnel has been found guilty of, or has pleaded guilty or nolo contendere to, any felony or a Class I, II, or III misdemeanor, regardless of whether a judgment of conviction has been entered by the court;
(e) The viatical settlement provider has entered into any viatical settlement contract that has not been approved pursuant to the Viatical Settlements Act;
(f) The viatical settlement broker or viatical settlement provider has failed to honor contractual obligations set out in a viatical settlement contract;
(g) The licensee no longer meets the requirements for initial licensure;
(h) The viatical settlement provider has assigned, transferred, or pledged a viaticated policy to a person other than a viatical settlement provider licensed in this state, a viatical settlement purchaser, an accredited investor or qualified institutional buyer as defined in Rule 144A of the federal Securities Act of 1933, as the act existed on January 1, 2008, a financing entity, a special purpose entity, or a related provider trust;
(i) The applicant or licensee or any officer, partner, member, or key management personnel has violated any provision of the Viatical Settlements Act or has otherwise engaged in bad faith conduct with one or more viators; or
(j) The licensee has failed to respond to the department within fifteen working days after receipt of an inquiry from the department.
(2) The director may suspend or revoke a license pursuant to subsection (1) of this section after notice and a hearing held in accordance with the Administrative Procedure Act.
(3) If the director denies a license application or refuses to renew a license pursuant to subsection (1) of this section, he or she shall notify the applicant or licensee of the reason for such denial or refusal of renewal. The applicant or licensee has thirty days after receipt of such notification to demand a hearing. The hearing shall be held within thirty days after receipt of such demand by the director and shall be held in accordance with the Administrative Procedure Act.
Source
Laws 2001, LB 52, § 30;
Laws 2007, LB117, § 8;
Laws 2008, LB853, § 4.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1105 - Approval of viatical settlement contracts and disclosure statements.

44-1105.
Approval of viatical settlement contracts and disclosure statements.
A person shall not use a viatical settlement contract form or provide to a viator a disclosure statement form in this state unless first filed with and approved by the director. The director shall disapprove a viatical settlement contract form or disclosure statement form if, in the director's opinion, the contract or provisions contained therein fail to meet the requirements of sections 44-1108, 44-1109, and 44-1111 and subsection (2) of section 44-1112 or are unreasonable, contrary to the interest of the public, or otherwise misleading or unfair to the viator. At the director's discretion, the director may require the submission of advertising material.
Source
Laws 2001, LB 52, § 31;
Laws 2008, LB853, § 5.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1106 - Reporting requirements; confidentiality.

44-1106.
Reporting requirements; confidentiality.
(1) Each viatical settlement provider shall file with the director on or before March 1 of each year an annual statement containing such information as the director may prescribe by rule and regulation. Such information shall be limited to only those transactions where the viator is a resident of this state. Individual transaction data regarding the business of viatical settlements or data that could compromise the privacy of personal, financial, or health information of the viator or insured shall be filed with the director on a confidential basis.
(2) Except as otherwise allowed or required by law, a viatical settlement provider, viatical settlement broker, insurance company, insurance producer, information bureau, rating agency or company, or any other person with actual knowledge of an insured's identity shall not disclose that identity as an insured or the insured's financial or medical information to any other person unless the disclosure:
(a) Is necessary to effect a viatical settlement between the viator and a viatical settlement provider and the viator and insured have provided prior written consent to the disclosure;
(b) Is provided in response to an investigation or examination by the director or any other governmental officer or agency or pursuant to the requirements of subsection (3) of section 44-1112;
(c) Is a term of or condition to the transfer of a policy by one viatical settlement provider to another viatical settlement provider;
(d) Is necessary to permit a financing entity, related provider trust, or special purpose entity to finance the purchase of policies by a viatical settlement provider and the viator and insured have provided prior written consent to the disclosure;
(e) Is necessary to allow the viatical settlement provider or viatical settlement broker or his or her authorized representative to make contacts for the purpose of determining health status; or
(f) Is required to purchase stop-loss or financial guaranty coverage.
Source
Laws 2001, LB 52, § 32;
Laws 2003, LB 216, § 8;
Laws 2008, LB853, § 6.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1108.01 - Viatical settlement broker or viatical settlement provider; disclosure.

44-1108.01.
Viatical settlement broker or viatical settlement provider; disclosure.
Before the initiation of a plan, transaction, or series of transactions, a viatical settlement broker or viatical settlement provider shall fully disclose to an insurer a plan, transaction, or series of transactions to which the viatical settlement broker or viatical settlement provider is a party, to originate, renew, continue, or finance a life insurance policy with the insurer for the purpose of engaging in the business of viatical settlements at anytime prior to or during the first five years after issuance of the policy.
Source
Laws 2008, LB853, § 9.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1114 - Director; powers.

44-1114.
Director; powers.
The director shall have the authority to:
(1) Adopt and promulgate rules and regulations to carry out the Viatical Settlements Act;
(2) Establish standards for evaluating reasonableness of payments under viatical settlement contracts for persons with a terminal or chronic illness or condition. This authority includes, but is not limited to, regulation of discount rates used to determine the amount paid in exchange for assignment, transfer, sale, devise, or bequest of a benefit under a life insurance policy insuring the life of a person who is chronically ill or terminally ill;
(3) Establish appropriate licensing requirements, fees, and standards for continued licensure for viatical settlement providers and brokers;
(4) Require a bond or other mechanism for financial accountability for viatical settlement providers and brokers; and
(5) Adopt rules and regulations governing the relationship and responsibilities of insurers, viatical settlement providers, and viatical settlement brokers during the viatication of a life insurance policy or certificate.
Source
Laws 2001, LB 52, § 40;
Laws 2008, LB853, § 16.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1115 - Unfair trade practices.

44-1115.
Unfair trade practices.
A violation of the Viatical Settlements Act, including the commission of a fraudulent viatical settlement act, shall be considered an unfair trade practice under the Unfair Insurance Trade Practices Act subject to the penalties contained in the act.
Source
Laws 2001, LB 52, § 41;
Laws 2008, LB853, § 17.
Cross References
Unfair Insurance Trade Practices Act, see section 44-1521.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1116 - Compliance with act; required; when.

44-1116.
Compliance with act; required; when.
A viatical settlement provider and viatical settlement broker transacting business in this state on or before September 1, 2001, may continue to do so pending approval or disapproval of the provider's or broker's application for a license as long as the application is filed with the director by July 1, 2002.
Source
Laws 2001, LB 52, § 42.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1117 - Fraudulent viatical settlement act; additional prohibited acts.

44-1117.
Fraudulent viatical settlement act; additional prohibited acts.
(1) With respect to any viatical settlement contract or insurance policy, no viatical settlement broker shall knowingly solicit an offer from, effectuate a viatical settlement with, or make a sale to any viatical settlement provider, viatical settlement purchaser, financing entity, or related provider trust that is controlling, controlled by, or under common control with such viatical settlement broker.
(2) With respect to any viatical settlement contract or insurance policy, no viatical settlement provider shall knowingly enter into a viatical settlement contract with a viator if, in connection with such viatical settlement contract, anything of value will be paid to a viatical settlement broker that is controlling, controlled by, or under common control with such viatical settlement provider or the viatical settlement purchaser, financing entity, or related provider trust that is involved in such viatical settlement contract.
(3) A violation of subsection (1) or (2) of this section shall be a fraudulent viatical settlement act.
(4) No viatical settlement provider shall enter into a viatical settlement contract unless the viatical settlement promotional, advertising, and marketing materials as may be prescribed by rule and regulation have been filed with the director. In no event shall any marketing materials expressly reference that the insurance is free for any period of time. The inclusion of any reference in the marketing materials that would cause a viator to reasonably believe that the insurance is free for any period of time shall be considered a violation of the Viatical Settlements Act.
(5) No life insurance producer, insurance company, viatical settlement broker, or viatical settlement provider shall make any statement or representation to the applicant or policyholder in connection with the sale or financing of a life insurance policy to the effect that the insurance is free or without cost to the policyholder for any period of time unless provided in the policy.
Source
Laws 2008, LB853, § 12.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1201 - Contracts, authorized.

44-1201.
Contracts, authorized.
Individuals, partnerships, limited liability companies, and corporations in this state, hereby designated as subscribers, are hereby authorized to exchange reciprocal or interinsurance contracts with each other or with individuals, partnerships, limited liability companies, and corporations of other states and countries providing indemnity among themselves from any loss which may be insured against under other provisions of the laws excepting life insurance.
Source
Laws 1917, c. 189, § 1, p. 458;
Laws 1919, c. 190, tit. V, art. XV, § 1, p. 681;
C.S.1922, § 7969;
C.S.1929, § 44-1501;
R.S.1943, § 44-1201;
Laws 1993, LB 121, § 229.
Annotations
Defendant was a reciprocal insurance exchange authorized under this article to write public liability automobile insurance. Davis v. Highway Motor Underwriters, 120 Neb. 734, 235 N.W. 325 (1931).
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1202 - Contracts; licensed agent or attorney may execute.

44-1202.
Contracts; licensed agent or attorney may execute.
Such contracts may be executed by an attorney, agent, or other representative, herein designated attorney, duly authorized and acting for such subscribers;
Provided,
that no such interinsurance contracts covering risks located or residing in this state shall be solicited, written, or placed, or caused to be solicited, written, or placed, except by or through a duly licensed agent of the attorney, resident within this state or licensed by the Department of Insurance; except that such contracts may be executed by the attorney, or an officer of the same if the attorney is a corporation, if done at the home office of the attorney or exchange in this state. The office or offices of such attorney may be maintained at such place or places as may be designated by the subscribers in the power of attorney.
Source
Laws 1917, c. 189, § 2, p. 459;
Laws 1919, c. 190, tit. V, art. XV, § 2, p. 682;
C.S.1922, § 7970;
C.S.1929, § 44-1502;
R.S.1943, § 44-1202;
Laws 1949, c. 151, § 1, p. 388.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1203 - Declaration; filing; contents; loss fund required.

44-1203.
Declaration; filing; contents; loss fund required.
Such subscribers so contracting among themselves shall, through their attorney, file with the Department of Insurance a declaration verified by the oath of such attorney or, when such attorney is a corporation, by the oath of the chief officer thereof setting forth: (1) The name or title adopted by such subscribers proposing to exchange such indemnity contracts, which name or title shall not be so similar to any other name or title previously adopted by a similar organization or by any insurance corporation or association as in the opinion of the department is likely to result in confusion or deception; (2) the kind or kinds of insurance to be effected or exchanged; (3) a copy of the form of policy contract or agreement under or by which such insurance is to be effected or exchanged, which policy contract or agreement shall state the minimum and maximum liability of subscribers for the payment of losses occurring under its contracts; (4) a copy of the form of power of attorney or other authority of such attorney under which such insurance is to be effected or exchanged; (5) the location of the office or offices from which such contracts or agreements are to be issued; (6) that applications have been made for indemnity upon at least seventy-five separate risks, aggregating not less than one and one-half million dollars, as represented by executed contracts or bona fide applications to become effective concurrently or, in the case of employers liability or workers' compensation insurance, at least seventy-five separate risks covering a total payroll of not less than one and one-half million dollars; and (7) that there is on deposit and thereafter maintained with such attorney and available for the payment of losses a fund, in cash or invested as provided by law, of not less than one million dollars. A reciprocal doing business in this state on August 25, 1989, shall not be subject to the foregoing deposit requirement insofar as such requirement would increase the amount of deposit necessary for the issuance of contracts on those classes of insurance being issued by it on such date, except that if such reciprocal, on and after such date, is determined by the director to be maintaining an amount which complies with such deposit requirement, then such reciprocal shall continue to be subject to such requirement. On and after such date, any reciprocal desiring to write any additional line of insurance as specified in section 44-201 shall thereupon deposit and maintain funds of at least one million dollars as provided in this section. This section shall be applicable to a reciprocal exchange issuing assessable or nonassessable policy contracts or agreements.
Source
Laws 1917, c. 189, § 3, p. 459;
Laws 1919, c. 190, tit. V, art. XV, § 3, p. 682;
C.S.1922, § 7971;
C.S.1929, § 44-1503;
R.S.1943, § 44-1203;
Laws 1949, c. 152, § 1, p. 389;
Laws 1965, c. 253, § 5, p. 718;
Laws 1967, c. 262, § 5, p. 704;
Laws 1989, LB 92, § 165.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1204 - Actions; where brought; process; judgments.

44-1204.
Actions; where brought; process; judgments.
Concurrently with the filing of the declaration provided for by the terms of section 44-1203, the attorney shall file with the Department of Insurance an instrument in writing executed by him or her for said subscribers, conditioned that upon the issuance of certificate of authority provided for in section 44-1211 action may be brought in the county in which the property insured thereunder is situated and service of process may be had in the manner provided for service of a summons in a civil action in all suits in this state arising out of such policies, contracts, or agreements, which service shall be valid and binding upon all subscribers exchanging at any time reciprocal or interinsurance contracts through such attorney. Such instrument shall further provide that in all suits arising in this state on account of contracts issued by such attorney for the account of said subscribers, such action may be brought against such attorney as attorney in fact for all subscribers at such reciprocal or interinsurance exchange, and the judgment in the action shall be a judgment against and binding upon each of the subscribers, as their respective interests may appear.
Source
Laws 1917, c. 189, § 4, p. 460;
Laws 1919, c. 190, tit. V, art. XV, § 4, p. 683;
C.S.1922, § 7972;
C.S.1929, § 44-1504;
R.S.1943, § 44-1204;
Laws 1983, LB 447, § 61.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1205 - Maximum single risk; statement; filing required.

44-1205.
Maximum single risk; statement; filing required.
There shall be filed with the Department of Insurance, by such attorney, a statement under oath of such attorney showing the maximum amount of indemnity upon any single risk, and such attorney shall, whenever and as often as the same shall be required, file with the department a statement verified by his oath, giving such information.
Source
Laws 1917, c. 189, § 5, p. 460;
Laws 1919, c. 190, tit. V, art. XV, § 5, p. 683;
C.S.1922, § 7973;
C.S.1929, § 44-1505;
R.S.1943, § 44-1205.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1206 - Reserve; character; amount.

44-1206.
Reserve; character; amount.
In addition to the requirement that a fund, in cash or invested as provided by law, be on deposit with the attorney as provided in subdivision (7) of section 44-1203, it shall be a further requirement that such beginning deposit be continually maintained with such attorney, and in addition thereto there shall at all times be maintained with such attorney as a reserve, a sum in cash or convertible securities equal to one hundred percent of the aggregate net unearned deposits collected and credited to the accounts of participating subscribers, plus such claim and loss reserves. In computing aggregate net unearned deposits, credit will be given for reinsurance in reputable solvent companies. If at any time the assets on deposit with the attorney shall not equal the fund necessary to be maintained as provided above and in addition thereto the reserves as computed herein, the subscribers or their attorney for them shall make up any deficiency. In case of workers' compensation insurance, the Department of Insurance may require of any such attorney a bond or deposit of money with a bank or trust company of this state for the purpose of securing deferred payments or installments for compensation benefits provided for by the Nebraska Workers' Compensation Act.
Source
Laws 1917, c. 189, § 6, p. 460;
Laws 1919, c. 190, tit. V, art. XV, § 6, p. 683;
C.S.1922, § 7974;
C.S.1929, § 44-1506;
R.S.1943, § 44-1206;
Laws 1949, c. 153, § 1(1), p. 391;
Laws 1986, LB 811, § 19;
Laws 2000, LB 930, § 5.
Cross References
Nebraska Workers' Compensation Act, see section 48-1,110.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1206.01 - Reserve; deficiency; notice; removal.

44-1206.01.
Reserve; deficiency; notice; removal.
Whenever it shall appear from any proper showing or from any examination made that the assets and resources of any domestic reciprocal insurance exchange are insufficient to meet the minimum conditions prescribed in section 44-1206, the department may promptly determine the amount of such deficiency and thereupon issue a written notice and requisition to the attorney of such reciprocal exchange requiring that such deficiency be removed within a reasonable time not to exceed one hundred eighty days from the service of such notice and requisition. If such deficiency shall not be made good within the time specified in the notice and requisition and satisfactory proof thereof filed with the department, such reciprocal exchange shall be proceeded against in the manner authorized and directed by the Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act.
Source
Laws 1949, c. 153, § 1(2), p. 392;
Laws 1989, LB 319, § 69.
Cross References
Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act, see section 44-4862.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1207 - Annual statement; contents; examination; power of department.

44-1207.
Annual statement; contents; examination; power of department.
Such attorney shall, within the time limited for filing the annual statement by insurance companies transacting the same kind of business, make a report to the Department of Insurance for each calendar year, showing the financial condition of affairs at the office where such contracts were issued, and shall furnish such additional information and reports as may be required;
Provided, however,
that the attorney shall not be required to file the names and addresses of any subscribers. The business affairs, records and assets of such organization shall be subject to examination by the department at the expense of the organization examined.
Source
Laws 1917, c. 189, § 7, p. 461;
Laws 1919, c. 190, tit. V, art. XV, § 7, p. 684;
C.S.1922, § 7975;
C.S.1929, § 44-1507;
R.S.1943, § 44-1207.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1208 - Exchange of contracts; authorized.

44-1208.
Exchange of contracts; authorized.
Any corporation organized under the laws of this state, shall, in addition to the rights, powers and franchises specified in its articles of incorporation, have full power and authority to exchange insurance contracts of the kind and character mentioned in section 44-1201. The right to exchange such contracts is hereby declared to be incidental to the purposes for which such corporations are organized, and as much granted as the rights and powers expressly conferred.
Source
Laws 1917, c. 189, § 8, p. 461;
Laws 1919, c. 190, tit. V, art. XV, § 8, p. 684;
C.S.1922, § 7976;
C.S.1929, § 44-1508;
R.S.1943, § 44-1208.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1209 - Attorney; violations; penalty.

44-1209.
Attorney; violations; penalty.
Any attorney who shall exchange any contracts of indemnity of the kind and character specified in section 44-1201, or any attorney, agent, or any person representing him, who shall solicit or negotiate any application for same without the attorney first complying with the foregoing provisions, shall be guilty of a Class II misdemeanor.
Source
Laws 1917, c. 189, § 9, p. 462;
Laws 1919, c. 190, tit. V, art. XV, § 9, p. 685;
C.S.1922, § 7977;
C.S.1929, § 44-1509;
R.S.1943, § 44-1209;
Laws 1977, LB 40, § 244.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1210 - Solicitation for purposes of organization; license not required.

44-1210.
Solicitation for purposes of organization; license not required.
For the purposes of organization, and upon issuance of permit by the Department of Insurance, powers of attorney and applications may be solicited without license, but no attorney, agent, or other person, shall make any contracts of indemnity until he shall comply with the provisions of sections 44-1201 to 44-1214.
Source
Laws 1917, c. 189, § 9, p. 462;
Laws 1919, c. 190, tit. V, art. XV, § 9, p. 685;
C.S.1922, § 7977;
C.S.1929, § 44-1509;
R.S.1943, § 44-1210.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1211 - Attorney's certificate of authority; issuance.

44-1211.
Attorney's certificate of authority; issuance.
Each attorney by or through whom are issued any policies of, or contracts for, indemnity of the character referred to in section 44-1201, may procure from the Department of Insurance annually a certificate of authority, stating that all the requirements of sections 44-1201 to 44-1214 have been complied with. Upon such compliance, and the payment of the fees and taxes required by this article, the department shall issue such certificate.
Source
Laws 1917, c. 189, § 10, p. 462;
Laws 1919, c. 190, tit. V, art. XV, § 10, p. 685;
C.S.1922, § 7978;
C.S.1929, § 44-1510;
R.S.1943, § 44-1211.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1212 - Attorney's certificate; revocation or suspension; grounds; order; appeal.

44-1212.
Attorney's certificate; revocation or suspension; grounds; order; appeal.
In addition to the penalties prescribed in section 44-1209 and when not otherwise provided, the penalty for failure or refusal to comply with any of the terms and provisions of sections 44-1201 to 44-1214, upon the part of the attorney, shall be the refusal, suspension, or revocation of certificate of authority or license by the Department of Insurance and publication of his or her act, after due notice and opportunity for hearing has been given such attorney so that he or she may appear and show cause why such action should not be taken. An 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 1917, c. 189, § 11, p. 462;
Laws 1919, c. 190, tit. V, art. XV, § 11, p. 685;
C.S.1922, § 7979;
C.S.1929, § 44-1511;
R.S.1943, § 44-1212;
Laws 1969, c. 359, § 29, p. 1280;
Laws 1988, LB 352, § 57.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1214 - Applicability of insurance laws.

44-1214.
Applicability of insurance laws.
Reciprocal or interinsurance contracts, the exchange thereof, the subscribers, attorneys in fact, agents, and representatives, and all matters incident to or concerned with such contracts and relationship, shall be exclusively subject to and regulated by the provisions of sections 44-1201 to 44-1214, and no other law relating to insurance heretofore or hereafter enacted, except as provided in this article, or when such other law relating to insurance specifically uses the words reciprocal or interinsurance.
Source
Laws 1917, c. 189, § 13, p. 462;
Laws 1919, c. 190, tit. V, art. XV, § 13, p. 686;
C.S.1922, § 7981;
C.S.1929, § 44-1513;
R.S.1943, § 44-1214;
Laws 1949, c. 154, § 1(1), p. 393.
Annotations
Fraternal benefit insurance organizations are not exempt from law confining all corporations, societies and associations to objects and purposes of existence. Folts v. Globe Life Ins. Co., 117 Neb. 723, 223 N.W. 797 (1929).
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1215 - Applicability of insurance laws; conflict; effect.

44-1215.
Applicability of insurance laws; conflict; effect.
Reciprocal or interinsurance exchanges and all matters relating thereto shall be subject to and governed by Chapter 44, articles 1, 2, 3, 4, 5, 6, 7, 12, and 15, as now existing or as hereafter amended, insofar as these statutes may be reasonably applicable; and sections 44-1201 to 44-1214 shall govern in the event of conflict between the application of the articles enumerated in this section.
Source
Laws 1949, c. 154, § 1(2), p. 393;
Laws 1994, LB 852, § 1.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1302 - Purpose of act.

44-1302.
Purpose of act.
The purpose of the Health Carrier External Review Act is to provide uniform standards for the establishment and maintenance of external review procedures to assure that covered persons have the opportunity for an independent review of an adverse determination or final adverse determination.
Source
Laws 2013, LB147, § 2.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1304 - Applicability of act.

44-1304.
Applicability of act.
(1) Except as provided in subsection (2) of this section, the Health Carrier External Review Act shall apply to all health carriers.
(2)(a) The act shall not apply to a policy or certificate that provides coverage for:
(i) A specified disease, specified accident, or accident-only coverage;
(ii) Credit;
(iii) Dental;
(iv) Disability income;
(v) Hospital indemnity;
(vi) Long-term care insurance as defined in section 44-4509;
(vii) Vision care; or
(viii) Any other limited supplemental benefit.
(b) The act shall not apply to:
(i) A medicare supplement policy of insurance as defined in section 44-3602;
(ii) Coverage under a plan through medicare, medicaid, or the Federal Employees Health Benefits Program;
(iii) Any coverage issued under Chapter 55 of Title 10 of the United States Code and any coverage issued as a supplement to that coverage;
(iv) Any coverage issued as supplemental to liability insurance;
(v) Workers' compensation or similar insurance;
(vi) Automobile medical-payment insurance; or
(vii) Any insurance under which benefits are payable with or without regard to fault, whether written on a group blanket or individual basis.
Source
Laws 2013, LB147, § 4.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1306 - Request for external review.

44-1306.
Request for external review.
(1)(a) Except for a request for an expedited external review as set forth in section 44-1309, all requests for external review shall be made in writing to the director.
(b) The director may prescribe by rule and regulation the form and content of external review requests required to be submitted under this section.
(2) A covered person or the covered person's authorized representative may make a request for an external review of an adverse determination or final adverse determination.
Source
Laws 2013, LB147, § 6.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1311 - External review decision; how treated; limitation on subsequent request.

44-1311.
External review decision; how treated; limitation on subsequent request.
(1) An external review decision is binding on the health carrier except to the extent the health carrier has other remedies available under applicable state law.
(2) An external review decision is binding on the covered person except to the extent the covered person has other remedies available under applicable federal or state law.
(3) A covered person or the covered person's authorized representative, if applicable, shall not file a subsequent request for external review involving the same adverse determination or final adverse determination for which the covered person has already received an external review decision pursuant to the Health Carrier External Review Act.
Source
Laws 2013, LB147, § 11.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1314 - Liability for damages.

44-1314.
Liability for damages.
No independent review organization, clinical reviewer working on behalf of an independent review organization, or employee, agent, or contractor of an independent review organization shall be liable in damages to any person for any opinions rendered or acts or omissions performed within the scope of the organization's or person's duties under the law during or upon completion of an external review conducted pursuant to the Health Carrier External Review Act, unless the opinion was rendered or act or omission performed in bad faith or involved gross negligence.
Source
Laws 2013, LB147, § 14.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1315 - Records; report; contents.

44-1315.
Records; report; contents.
(1)(a) An independent review organization assigned pursuant to section 44-1308, 44-1309, or 44-1310 to conduct an external review shall maintain written records in the aggregate by state and by health carrier on all requests for external review for which it conducted an external review during a calendar year and, upon request, submit a report to the director as required under subdivision (1)(b) of this section.
(b) Each independent review organization required to maintain written records on all requests for external review pursuant to subdivision (1)(a) of this section for which it was assigned to conduct an external review shall submit to the director, upon request, a report in the format specified by the director.
(c) The report shall include in the aggregate by state, and for each health carrier:
(i) The total number of requests for external review;
(ii) The number of requests for external review resolved and, of those resolved, the number resolved upholding the adverse determination or final adverse determination and the number resolved reversing the adverse determination or final adverse determination;
(iii) The average length of time for resolution;
(iv) A summary of the types of coverages or cases for which an external review was sought, as provided in the format required by the director;
(v) The number of external reviews pursuant to section 44-1308 that were terminated as the result of a reconsideration by the health carrier of its adverse determination or final adverse determination after the receipt of additional information from the covered person or the covered person's authorized representative; and
(vi) Any other information the director may request or require.
(d) The independent review organization shall retain the written records required pursuant to this subsection for at least three years.
(2)(a) Each health carrier shall maintain written records in the aggregate, by state and for each type of health benefit plan offered by the health carrier, on all requests for external review that the health carrier receives notice of from the director pursuant to the Health Carrier External Review Act.
(b) Each health carrier required to maintain written records on all requests for external review pursuant to subdivision (2)(a) of this section shall submit to the director, upon request, a report in the format specified by the director.
(c) The report shall include in the aggregate, by state, and by type of health benefit plan:
(i) The total number of requests for external review;
(ii) From the total number of requests for external review reported under subdivision (2)(c)(i) of this section, the number of requests determined eligible for a full external review; and
(iii) Any other information the director may request or require.
(d) The health carrier shall retain the written records required pursuant to this section for at least three years.
Source
Laws 2013, LB147, § 15.