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2,111 sections in this chapter.
Neb. Rev. Stat. § 44-10,100 Foreign or alien society; admission.
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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 …
Neb. Rev. Stat. § 44-10,101 Domestic society; violations of law; director; powers.
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(1) When the Director of Insurance upon investigation finds that a domestic society (a) has exceeded its powers, (b) has failed to comply with any provision of sections 44-1072 to 44-10,109, (c) is not fulfilling its contracts in good faith, (d) has a membership of less than four…
Neb. Rev. Stat. § 44-10,102 Foreign or alien society; violations of law; director; powers.
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(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 ful…
Neb. Rev. Stat. § 44-10,103 Injunction; when allowed.
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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.
Neb. Rev. Stat. § 44-10,104 Licensing of agents.
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(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 memb…
Neb. Rev. Stat. § 44-10,105 Unfair trade practices; applicability.
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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 b…
Neb. Rev. Stat. § 44-10,106 Service of process.
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Legal process shall be served upon a society in the manner provided for service of a summons in a civil action.
Neb. Rev. Stat. § 44-10,107 Appeal; procedure.
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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.
Neb. Rev. Stat. § 44-10,108 Violations; penalties.
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(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 fraudu…
Neb. Rev. Stat. § 44-10,109 Applicability of sections; exempt societies; treatment.
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(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) O…
Neb. Rev. Stat. § 44-101 Insurance; business public in character; deceptive practices prohibited.
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Within the intent of this chapter, the business of apportioning and distributing losses arising from specified causes among all those who apply and are accepted to receive the benefits of such service, is public in character, and requires that all those having to do with it shall…
Neb. Rev. Stat. § 44-101.01 Department of Insurance; general powers; director; duties.
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The Department of Insurance shall have general supervision, control, and regulation of insurance companies, associations, and societies and the business of insurance in Nebraska, including companies in process of organization. The Director of Insurance shall be the chief administ…
Neb. Rev. Stat. § 44-102 Insurance, defined.
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For purposes of Chapter 44, unless the context otherwise requires, insurance shall mean a contract whereby one party, called the insurer, for a consideration, undertakes to pay money or its equivalent or to do an act valuable to another party, called the insured, or to his or her…
Neb. Rev. Stat. § 44-102.01 Insurance; service contract excluded.
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For purposes of Chapter 44, insurance does not include a service contract. For purposes of this section, service contract means (1) a motor vehicle service contract as defined in section 44-3521 or (2) a contract or agreement, whether designated as a service contract, maintenance…
Neb. Rev. Stat. § 44-103 Terms, defined.
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For purposes of Chapter 44, unless the context otherwise requires: (1) The terms company, corporation, insurance company, or insurance corporation shall include all corporations, associations, partnerships, or individuals engaged as insurers in the business of insurance; (2) Dome…
Neb. Rev. Stat. § 44-105 Certificate of authority; grant; conditions; examination.
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Before granting a certificate of authority to any insurance company to issue policies or make contracts of insurance in this state, the Department of Insurance shall be satisfied by such examination as it may cause to be made or such evidence as it may require that such company i…
Neb. Rev. Stat. § 44-106 Domestic company; books and records required.
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The Department of Insurance shall require every domestic insurance company to keep its books, records, accounts and vouchers in such manner that it may readily verify its annual statement, and ascertain whether the company is solvent and has complied with the law.
Neb. Rev. Stat. § 44-107 Notice to Banking, Commerce and Insurance Committee of the Legislature; hearing.
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The Department of Insurance shall notify the chairperson and members of the Banking, Commerce and Insurance Committee of the Legislature prior to submitting any request or application to the Centers for Medicare and Medicaid Services of the United States Department of Health and …
Neb. Rev. Stat. § 44-1072 Fraternal benefit society.
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Any incorporated society, order, or supreme lodge, without capital stock, including one exempted under subdivision (1)(b) of section 44-10,109 whether incorporated or not, conducted solely for the benefit of its members and their beneficiaries and not for profit, operated on a lo…
Neb. Rev. Stat. § 44-1073 Terms, defined.
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As used in sections 44-1072 to 44-10,109, unless the context otherwise requires: (1) Benefit contract shall mean the agreement for provision of benefits authorized by section 44-1087, as that agreement is provided in the certificate described in subsection (1) of section 44-1090;…
Neb. Rev. Stat. § 44-1074 Lodge system; requirements.
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(1) A society shall be deemed to be operating on the lodge system if it has a supreme governing body and subordinate lodges into which members are elected, initiated, or admitted in accordance with its laws, rules, and ritual. Subordinate lodges shall be required by the laws of t…
Neb. Rev. Stat. § 44-1075 Representative form of government; requirements.
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A society shall be deemed to have a representative form of government when: (1) It has a supreme governing body constituted in one of the following ways: (a) Assembly. The supreme governing body is an assembly composed of delegates elected directly by the members or at intermedia…
Neb. Rev. Stat. § 44-1076 Purposes and powers of society.
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(1) A society shall operate for the benefit of its members and their beneficiaries by: (a) Providing benefits as specified in section 44-1087; and (b) Operating for one or more social, intellectual, educational, charitable, benevolent, moral, fraternal, patriotic, or religious pu…
Neb. Rev. Stat. § 44-1077 Qualification for membership.
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(1) A society shall specify in its laws or rules: (a) Eligibility standards for each and every class of membership, except that if benefits are provided on the lives of children, the minimum age for adult membership shall be set at not younger than fifteen nor older than twenty-o…
Neb. Rev. Stat. § 44-1078 Location of office; meetings; communications to members; grievance procedures.
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(1) The principal office of any domestic society shall be located in this state. The meetings of its supreme governing body may be held in any state, district, province, or territory wherein such society has at least one subordinate lodge, or in such other location as determined …
Neb. Rev. Stat. § 44-1079 Limitation on personal liability.
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(1) The officers and members of the supreme governing body or any subordinate body of a society shall not be personally liable for any benefits provided by a society. (2) Any person may be indemnified and reimbursed by any society for expenses reasonably incurred by, and liabilit…
Neb. Rev. Stat. § 44-1080 Membership; waiver of requirements.
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The laws of the society may provide that no subordinate body, nor any of its subordinate officers or members, shall have the power or authority to waive any of the provisions of the laws of the society. Such provision shall be binding on the society and every member and beneficia…
Neb. Rev. Stat. § 44-1081 Organization of society.
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A domestic society organized on or after September 6, 1985, shall be formed as follows: (1) Seven or more citizens of the United States, a majority of whom are citizens of this state, who desire to form a fraternal benefit society, may make, sign, and acknowledge, before some off…
Neb. Rev. Stat. § 44-1082 Amendments to laws of society; procedure.
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(1) A domestic society may amend its laws in accordance with the provisions thereof by action of its supreme governing body at any regular or special meeting thereof or, if its laws so provide, by referendum. Such referendum may be held in accordance with the provisions of its la…
Neb. Rev. Stat. § 44-1083 Creation of not-for-profit institution; authorized.
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A society may create, maintain, and operate, or may establish organizations to operate, not-for-profit institutions to further the purposes permitted by subdivision (1)(b) of section 44-1076. Such institutions may furnish services free or at a reasonable charge. Any real or perso…
Neb. Rev. Stat. § 44-1084 Reinsurance; authorized.
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(1) A domestic society may, by a reinsurance agreement, cede any individual risk or risks in whole or in part to an insurer, other than another fraternal benefit society, having the power to make such reinsurance and authorized to do business in this state, or if not so authorize…
Neb. Rev. Stat. § 44-1085 Consolidation or merger; authorized; procedure.
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(1) A domestic society may consolidate or merge with any other society by complying with this section. It shall file with the Director of Insurance: (a) A certified copy of the written contract containing in full the terms and conditions of the consolidation or merger; (b) A swor…
Neb. Rev. Stat. § 44-1086 Conversion to mutual life insurance company.
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Any domestic fraternal benefit society may be converted and licensed as a mutual life insurance company by compliance with all the requirements of law. A plan of conversion shall be prepared in writing by the board of directors setting forth in full the terms and conditions of co…
Neb. Rev. Stat. § 44-1087 Benefits; authorized.
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(1) A society may provide the following contractual benefits in any form: (a) Death benefits; (b) Endowment benefits; (c) Annuity benefits; (d) Temporary or permanent disability benefits; (e) Hospital, medical, or nursing benefits; (f) Monument or tombstone benefits to the memory…
Neb. Rev. Stat. § 44-1088 Beneficiaries.
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(1) The owner of a benefit contract shall have the right at all times to change the beneficiary or beneficiaries in accordance with the laws or rules of the society unless the owner waives this right by specifically requesting in writing that the beneficiary designation be irrevo…
Neb. Rev. Stat. § 44-1089 Benefits; exempt from claims of creditors; exceptions.
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(1) No noninsurance benefit, charity, relief, or aid to be paid, provided, or rendered by any society shall be liable to attachment, garnishment, or other process, or to be seized, taken, appropriated, or applied by any legal or equitable process or operation of law to pay any de…
Neb. Rev. Stat. § 44-1090 Benefit contract; contents.
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(1) Every society authorized to do business in this state shall issue to each owner of a benefit contract a certificate specifying the amount of benefits provided by the contract. The certificate, together with any riders or endorsements attached thereto, the laws of the society,…
Neb. Rev. Stat. § 44-1091 Nonforfeiture benefits; cash surrender values; certificate loans; other options.
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(1) For certificates issued prior to one year after September 6, 1985, the value of every paid-up nonforfeiture benefit and the amount of any cash surrender value, loan, or other option granted shall comply with the provisions of law applicable immediately prior to September 6, 1…
Neb. Rev. Stat. § 44-1092 Investments.
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A society shall invest its funds only in such investments as are authorized by the laws of this state for the investment of assets of life insurers and subject to the limitations thereon. Any foreign or alien society permitted or seeking to do business in this state which invests…
Neb. Rev. Stat. § 44-1093 Establishment and disbursement of funds.
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(1) All assets shall be held, invested, and disbursed for the use and benefit of the society and no member or beneficiary shall have or acquire individual rights or become entitled to any apportionment on the surrender of any part of such assets, except as provided in the benefit…
Neb. Rev. Stat. § 44-1094 Other insurance laws, how construed.
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Societies shall be governed by sections 44-1072 to 44-10,109 and shall be exempt from all other provisions of the insurance laws of this state unless they are expressly designated therein or unless such provisions are specifically made applicable by sections 44-1072 to 44-10,109.
Neb. Rev. Stat. § 44-1095 Funds and property; exempt from taxation.
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Every society organized or licensed under sections 44-1072 to 44-10,109 shall be a charitable and benevolent institution, and all of its funds and property shall be exempt from all and every state, county, district, municipal, and school tax.
Neb. Rev. Stat. § 44-1096 Standards of valuation.
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(1) Standards of valuation for certificates issued prior to one year after September 6, 1985, shall be those standards provided by the laws applicable immediately prior to September 6, 1985. (2) The minimum standards of valuation for certificates issued on or after one year from …
Neb. Rev. Stat. § 44-1097 Reports.
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Reports shall be filed in the following manner: (1) Every society transacting business in this state shall annually, on or before the first day of March, unless for cause shown such time has been extended by the Director of Insurance, file with the director a true statement of it…
Neb. Rev. Stat. § 44-1098 Annual license; fee.
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Societies which are authorized to transact business in this state immediately prior to September 6, 1985, may continue such business until April 1, 1986. The authority of such societies and all societies hereafter licensed may be renewed annually, but in all cases to terminate on…
Neb. Rev. Stat. § 44-1099 Examination by Director of Insurance.
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(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 insurer…
Neb. Rev. Stat. § 44-1101 Act, how cited.
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Sections 44-1101 to 44-1117 shall be known and may be cited as the Viatical Settlements Act.
Neb. Rev. Stat. § 44-1102 Terms, defined.
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For purposes of the Viatical Settlements Act: (1) Advertising means any written, electronic, or printed communication or any communication by means of recorded telephone messages or transmitted on radio, television, the Internet, or similar communications media, including film st…
Neb. Rev. Stat. § 44-1103 License requirements; fee.
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(1)(a) A person shall not operate as a viatical settlement provider or viatical settlement broker without first obtaining a license from the director or the chief insurance regulatory official of the state of residence of the viator. (b)(i) A life insurance producer who has been …
Neb. Rev. Stat. § 44-1104 Disciplinary actions.
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(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 w…