Title 20 — Insurance

If the director finds after a hearing that, upon certification by the department of transportation, an insurer has failed to respond in writing within thirty days to a financial responsibility verification request pursuant to section 28-4143, the director shall impose a civil pen…

If after a hearing and certification by the department of transportation the director of the department of insurance and financial institutions finds that an insurer has failed to comply with section 28-4148, the director of the department of insurance and financial institutions …

(Conditionally Rpld.) A. The director, through the adoption of rules or other regulatory and administrative actions within the director's authority, shall ensure that this state retains its full authority to regulate policies, certificates, evidences of coverage and contracts of …

A. Any notice to a party or any other document that is required under this title in an insurance transaction or that is to serve as evidence of insurance coverage may be delivered, stored and presented by electronic means if it meets the requirements of title 44, chapter 26, arti…

A. Notwithstanding section 20-239, an insurer may post property and casualty insurance policies and endorsements that are subject to article 4.1 of this chapter pursuant to section 20-382 on the insurer's website instead of sending the policies and endorsements to the insured, if…

A. A contract between a health insurer and a health care provider that is issued, amended or renewed on or after January 1, 2020 to provide health care services to the health insurer's enrollees may not restrict the method of payment from the health insurer to the health care pro…

A. If a health insurer acquires the provider network of another health insurer, the health insurer that is contracted with a health care provider in the network that has been acquired shall notify, consistent with the notification provisions of the provider contract, each health …

It is intended that certain coverages may come within the definitions of two or more kinds of insurance as set forth in this article, and the fact that such a coverage is included within one definition shall not exclude such coverage as to any other kind of insurance within the d…

"Casualty insurance" includes vehicle insurance as defined in section 20-259, and in addition includes: 1. Liability insurance, which is insurance against legal liability for the death, injury or disability of any human being, or for damage to property, and provision of medical, …

"Disability insurance" is insurance against bodily injury, disablement or death by accident or accidental means, or the expense thereof, or against disablement or expense resulting from sickness, and every insurance appertaining thereto.

"Life insurance" is insurance on human lives and insurance appertaining thereto or connected therewith. The transacting of life insurance includes the granting of endowment benefits, additional benefits in the event of death or dismemberment by accident or accidental means, addit…

"Annuities" encompass all agreements to make periodic payments, other than contracts defined by section 20-254 as "life insurance", where the making or continuance of all or of some of a series of such payments, or the amount of any such payment, is dependent upon the continuance…

"Marine and transportation insurance" includes: 1. Insurance against any and all kinds of loss or damage to vessels, craft, aircraft, cars, automobiles and vehicles of every kind, as well as all goods, freight, cargoes, merchandise, effects, disbursements, profits, monies, bullio…

"Property insurance" is insurance on real or personal property of every kind and interest therein, against loss or damage from any or all hazard or cause, and against loss consequential upon such loss or damage, other than noncontractual legal liability for any such loss or damag…

"Surety insurance" includes: 1. Fidelity insurance, which is insurance guaranteeing the fidelity of persons holding positions of public or private trust. 2. Insurance guaranteeing the performance of contracts, other than insurance policies, and guaranteeing and executing bonds, u…

For the purposes of this title, a multiple line insurer may transact any two or more kinds of insurance, as defined in sections 20-252, 20-253, 20-255, 20-256 and 20-257.

"Vehicle insurance" is insurance against loss of or damage to any land vehicle or aircraft or to property while contained therein or thereon or being loaded or unloaded therein or therefrom, from any hazard or cause, and against any loss, liability or expense resulting from or in…

A. Every insurer writing automobile liability or motor vehicle liability policies shall make available to the named insured thereunder and by written notice offer the named insured and at the request of the named insured shall include within the policy uninsured motorist coverage…

A. A policy of private passenger vehicle insurance shall not be delivered or issued for delivery in this state unless coverage is provided for the protection of any person insured under such policy while such person is acting as a car pool operator, and for the protection of any …

Notwithstanding any other law, in the case of the death of an insured who is covered under the uninsured and underinsured motorist coverages of a motor vehicle liability policy, recovery for wrongful death is limited to any party who is qualified to bring a wrongful death action …

A. No insurer shall retain any risk on any one subject of insurance, whether located or to be performed in this state or elsewhere, in an amount exceeding ten per cent of its surplus to policyholders, except that a domestic mutual insurer holding a certificate of authority may re…

A. An insurer shall reinsure its risks, or any part of its risks, only in solvent insurers having surplus to policyholders not less in amount than the minimum required capital stock required under this title of a domestic stock insurer, other than a limited stock insurer or a dom…

A. An insurer issuing motor vehicle liability insurance policies in this state may provide additional reductions in rates for motor vehicle personal injury and property damage coverage to an insured who: 1. Is at least fifty-five years of age. 2. Within the last three years has s…

A. No insurer shall increase the motor vehicle insurance premium of an insured as a result of an accident not caused or significantly contributed to by the actions of the insured. Any insurer which increases the premium as a result of accident involvement shall notify the insured…

A. Any insurer writing private passenger automobile insurance which includes comprehensive coverage for motor vehicle damage shall provide at the option of the insured complete coverage for the repair or replacement of all damaged safety equipment without regard to any deductible…

The department of insurance and financial institutions shall compile comparisons of premiums and fees charged at policy inception and complaint ratios for motor vehicle insurance policies that insure six or fewer motor vehicles. The comparisons shall reflect premiums and fees ass…

An insurer writing or an insurance producer soliciting applications for motor vehicle liability policies that insure six or fewer motor vehicles shall make available a policy for the mandatory minimum motor vehicle liability limits as prescribed in section 28-4009 if requested by…

A. An insurer writing or an insurance producer soliciting applications for motor vehicle liability policies shall make available a monthly premium payment plan on policies that insure six or fewer motor vehicles. B. At the inception of a monthly premium payment plan, an insurer m…

A. If a motor vehicle claim is subject to subrogation, the insured may bring a cause of action separate and apart from the insurer seeking recovery of damages for which the insured has not been compensated by the insurer. Any settlement or judgment of the claim of the insured alo…

B. A motor vehicle insurer may accept a fax as a form of communication if another form of electronic communication is also available. C. For the purposes of this section, "claimant" includes a third-party claimant.

A. An insurer shall not charge more premium for residential property insurance coverage on a property with a single below deductible claim, not exceeding five hundred dollars in the previous three years, than it would charge for like coverage on the same property if the property …

B. An insurer shall be entitled to rely upon information provided by the insured or claimant pursuant to subsection A concerning the existence of any lien or encumbrance against the vehicle. An insurer that acts in good faith upon the information provided by the claimant or insur…

In this article, unless the context otherwise requires: 1. "Business entity" means any corporation, association, partnership, limited liability company, limited liability partnership or other legal entity except an individual or sole proprietorship. 2. "Designated producer" means…

A person shall not sell, solicit or negotiate insurance in this state for any class or classes of insurance unless the person is licensed for that line of authority in accordance with this article.

A. An insurer is not required to obtain an insurance producer license. In this section, insurer does not include an insurer's officers, directors, employees, subsidiaries or affiliates. B. The following persons are not required to obtain a license as an insurance producer: 1. An …

A. A resident individual applying for an insurance producer license shall pass an examination within the one year period that precedes the date the director received the individual's license application unless the individual is exempt pursuant to section 20-288. The examination s…

A. A person who applies for a resident insurance producer license shall apply to the director on a form prescribed by the director and shall declare under penalty of denial, suspension or revocation of the license that the statements made in the application are true, correct and …

A. Unless the director denies a license pursuant to section 20-295, the director shall issue a resident insurance producer license to any person who meets the requirements prescribed in sections 20-284 and 20-285. An insurance producer may qualify for a license in one or more of …

A. Unless the director denies a license pursuant to section 20-295, the director shall issue a nonresident person a nonresident insurance producer license if all of the following apply: 1. The person is currently licensed as a resident and in good standing in the person's home st…

A. An individual who applies for an insurance producer license in this state and who was previously licensed for the same lines of authority in another state is not required to take an examination if either: 1. The applicant is currently licensed in the other state. 2. The applic…

A. Any license that is issued pursuant to this article, other than a temporary license, continues in force until it expires or the director suspends, revokes or terminates the license. The license is also subject to renewal pursuant to this section. B. A license that is issued or…

A. A licensee or applicant who is ordered into active military service may request that the license or application be placed on inactive status by sending the department a written statement that includes all of the following: 1. The licensee's name. 2. The licensee's license numb…

A. An insurance producer shall keep at the insurance producer's principal place of business the usual and customary records that pertain to transactions under the insurance producer's license. The insurance producer shall keep all records for any transaction for three years immed…

A. Application for and acceptance of any nonresident license pursuant to this article constitutes an irrevocable appointment of the director as the agent of the licensee for the acceptance of service of process issued in this state in any action or proceeding against the licensee…

If the director has cause to believe that any person is violating or about to violate section 20-282, 20-298, 20-311.01, 20-321.01, 20-331, 20-331.01, 20-332, 20-340.01 or 20-411, the director may order the person to cease and desist and, through the attorney general, may cause a…

A. Only a licensed insurance producer who is authorized by the director may solicit applications for and issue policies by means of mechanical vending machines. The insurance producer shall supervise each machine and shall issue policies only of insurers authorized to transact bu…

A. The director may issue a temporary insurance producer license for not more than one hundred eighty days without requiring an examination if the director deems that the temporary license is necessary for the servicing of an insurance business in the following cases: 1. To the s…

A. The director may deny, suspend for not more than twelve months, revoke or refuse to renew an insurance producer's license or may impose a civil penalty in accordance with subsection F of this section or any combination of actions for any one or more of the following causes: 1.…

A. The director shall not again issue any license under this title to any person whose license has been revoked until one year after the revocation and the person again qualifies in accordance with the applicable provisions of this title. B. If the license of a business entity is…

A. An insurance producer doing business under any name other than the producer's legal name shall notify the director on a form prescribed by the director before using the assumed name. B. The director may deny the use of an assumed business name, require the use of a different a…