Chapter 44 — INSURANCE
2,728 sections in this chapter.
Repealed. Laws 1990, LB 1136, § 130.
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[Repealed or reserved.]
Repealed. Laws 1990, LB 1136, § 130.
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[Repealed or reserved.]
Repealed. Laws 1990, LB 1136, § 130.
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[Repealed or reserved.]
Neb. Rev. Stat. § 44-352 Insurance companies; name of other company; use; penalty; appeal.
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It shall be unlawful for any insurance company to permit the use of its name or for any other company, person, or firm to use the name of any insurance company in such a way as to deceive or mislead the public. The violation of this section or section 44-351 by an insurance compa…
Neb. Rev. Stat. § 44-3520 Act, how cited.
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Sections 44-3520 to 44-3527 shall be known and may be cited as the Motor Vehicle Service Contract Reimbursement Insurance Act.
Neb. Rev. Stat. § 44-3521 Terms, defined.
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For purposes of the Motor Vehicle Service Contract Reimbursement Insurance Act: (1) Director means the Director of Insurance; (2) Incidental costs means expenses specified in a motor vehicle service contract that are incurred by the service contract holder due to the failure of a…
Neb. Rev. Stat. § 44-3522 Motor vehicle service contract; requirements.
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No motor vehicle service contract shall be issued, sold, or offered for sale in this state unless: (1) The motor vehicle service contract provider is insured under a motor vehicle service contract reimbursement insurance policy issued by an insurer authorized to do business in th…
Neb. Rev. Stat. § 44-3523 Motor vehicle service contract reimbursement insurance policy; requirements; failure to timely provide covered service; effect.
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(1) No motor vehicle service contract reimbursement insurance policy shall be issued, sold, or offered for sale in this state unless the policy conspicuously states that the insurer will either reimburse or pay on behalf of the motor vehicle service contract provider any covered …
Neb. Rev. Stat. § 44-3524 Cease and desist order; notice; hearing; injunction.
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(1) The director may issue an order instructing a motor vehicle service contract provider to cease and desist from selling or offering for sale motor vehicle service contracts if the director determines that the provider has failed to comply with the Motor Vehicle Service Contrac…
Neb. Rev. Stat. § 44-3525 Rules and regulations.
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The director may adopt and promulgate rules and regulations to carry out the Motor Vehicle Service Contract Reimbursement Insurance Act and to establish minimum standards for disclosure of the coverage limitations and exclusions of motor vehicle service contracts.
Neb. Rev. Stat. § 44-3526 Act; exemptions.
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The Motor Vehicle Service Contract Reimbursement Insurance Act shall not apply to: (1) Motor vehicle service contracts (a)(i) issued by a motor vehicle manufacturer or importer for the motor vehicles manufactured or imported by that manufacturer or importer and (ii) sold by a fra…
Neb. Rev. Stat. § 44-3527 Motor vehicle service contract; filing; form; requirements; enforcement of act; procedure.
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(1) For purposes of this section, conspicuously means writing, displaying, or presenting a term in such a way that a reasonable person against whom it is to operate shall notice. Conspicuously stated terms include: (a) A heading in capitals equal to or greater in size than the su…
Neb. Rev. Stat. § 44-353 Policies; department may inspect.
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The Department of Insurance and its employees shall have the right at any time to inspect any policy covering any risk in this state. Every policyholder shall procure and exhibit any policy in his possession or control when required for the inspection of the department or its ass…
Neb. Rev. Stat. § 44-354 Policies; special fees prohibited.
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It shall be unlawful for any insurance company, association or society, or for any officer, manager, agent, or other representative thereof, to include in the sum charged or designated in any policy as the consideration for insurance, any fee, compensation, charge, or perquisite …
Neb. Rev. Stat. § 44-355 Policies; premiums; report required.
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Every agent or other representative of any company issuing a policy on its own behalf in this state shall report to the company the exact consideration charged and written in the policy as a premium for the risk.
Neb. Rev. Stat. § 44-356 Policies; violations; penalty.
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(1) A violator of any of the provisions of section 44-353 shall be fined not more than one hundred dollars. (2) A violation of any of the provisions of section 44-354 or 44-355 shall be an unfair trade practice in the business of insurance subject to the Unfair Insurance Trade Pr…
Neb. Rev. Stat. § 44-357 Policies; stipulations forbidden.
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No insurance company shall issue in this state any policy or contract of insurance containing a provision, stipulation or agreement that such policy shall be construed according to the laws of any other state or country, or any provision limiting the time within which an action m…
Neb. Rev. Stat. § 44-358 Policies; misrepresentations; warranties; conditions; effect.
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No oral or written misrepresentation or warranty made in the negotiation for a contract or policy of insurance by the insured, or in his behalf, shall be deemed material or defeat or avoid the policy, or prevent its attaching, unless such misrepresentation or warranty deceived th…
Neb. Rev. Stat. § 44-359 Policies; actions; attorney's fees.
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In all cases when the beneficiary or other person entitled thereto brings an action upon any type of insurance policy, except workers' compensation insurance, or upon any certificate issued by a fraternal benefit society, against any company, person, or association doing business…
Neb. Rev. Stat. § 44-360 Insurance companies; agreements affecting rates or lessening competition; prohibited; appeal.
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If any insurance company authorized to transact business in this state or any agent or representative thereof shall, either within or outside this state, directly or indirectly, enter into any contract, understanding, or combination with any other insurance company, agent, or rep…
Neb. Rev. Stat. § 44-3601 Act, how cited.
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Sections 44-3601 to 44-3614 shall be known and may be cited as the Medicare Supplement Insurance Minimum Standards Act.
Neb. Rev. Stat. § 44-3602 Terms, defined.
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For purposes of the Medicare Supplement Insurance Minimum Standards Act: (1) Applicant means: (a) In the case of an individual medicare supplement policy, the person who seeks to contract for insurance benefits; and (b) In the case of a group medicare supplement policy, the propo…
Neb. Rev. Stat. § 44-3603 Act; applicability.
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(1) The Medicare Supplement Insurance Minimum Standards Act shall apply to: (a) All medicare supplement policies delivered or issued for delivery in this state on or after April 16, 1992; and (b) All certificates issued under group medicare supplement policies, which certificates…
Neb. Rev. Stat. § 44-3604 Policies and certificates; director; powers and duties; preexisting condition; coverage.
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(1) No medicare supplement policy or certificate in force in the state shall contain benefits that duplicate benefits provided by medicare. (2) Notwithstanding any other provision of law, a medicare supplement policy or certificate shall not exclude or limit benefits for losses i…
Repealed. Laws 1992, LB 1006, § 99.
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[Repealed or reserved.]
Neb. Rev. Stat. § 44-3606 Benefits to policyholders; loss-ratio standards.
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Medicare supplement policies shall return to policyholders benefits which are reasonable in relation to the premium charged. The director shall adopt and promulgate reasonable rules and regulations to establish minimum standards for loss ratios of medicare supplement policies on …
Neb. Rev. Stat. § 44-3607 Outline of coverage; informational brochure; disclosure requirements.
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(1) In order to provide for full and fair disclosure in the sale of medicare supplement policies, no medicare supplement policy or certificate shall be delivered in this state unless an outline of coverage is delivered to the applicant at the time the application is made. (2) The…
Neb. Rev. Stat. § 44-3608 Return of policy or certificate; notice; refund.
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Notwithstanding any other provision of law, medicare supplement policies and certificates shall have a notice prominently printed on the first page of the policy or certificate or attached thereto stating in substance that the applicant shall have the right to return the policy o…
Neb. Rev. Stat. § 44-3608.01 Advertisement; director; powers.
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Every issuer of medicare supplement policies and certificates in this state shall provide a copy of any medicare supplement advertisement intended for use in this state whether through written, radio, or television medium to the director for review or approval by him or her to th…
Neb. Rev. Stat. § 44-3609 Rules and regulations.
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The director may adopt and promulgate rules and regulations to carry out the Medicare Supplement Insurance Minimum Standards Act.
Neb. Rev. Stat. § 44-361 Rebates; prohibited; activities not considered a rebate; permitted conduct.
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(1) No insurance company, by itself or any other party, and no insurance agent or broker, personally or by any other party, shall offer, promise, allow, give, set off, or pay, directly or indirectly, any rebate of, or part of, the premium payable on the policy, or of any policy, …
Neb. Rev. Stat. § 44-361.01 Rebates; circumventing; presumptions.
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(1) A licensed agent whose total commissions and underwriting fees on business written upon the property, life, health, or liability of himself or herself, his or her relatives by consanguinity or affinity, and his or her employer or employees exceed ten percent of the total comm…
Neb. Rev. Stat. § 44-361.02 Rebates; circumventing; enforcement; penalty.
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Any agent who is found to have obtained a license or renewal primarily to circumvent enforcement of section 44-361 shall, in addition to any other penalty imposed by law, be guilty of a Class V misdemeanor.
Neb. Rev. Stat. § 44-3610 Act; violation; provisions applicable.
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A violation of any provision of the Medicare Supplement Insurance Minimum Standards Act or any rule and regulation adopted and promulgated pursuant to such act shall be an unfair trade practice in the business of insurance subject to the Unfair Insurance Trade Practices Act. In a…
Repealed. Laws 1992, LB 1006, § 99.
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[Repealed or reserved.]
Neb. Rev. Stat. § 44-3612 Durable medical equipment, prosthetic, orthotic, or supply; billing; beneficiary; agreement.
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A supplier that is a nonparticipating provider in the medicare program shall not balance bill a Nebraska medicare beneficiary for any durable medical equipment, prosthetic, orthotic, or supply for which the supplier has not accepted assignment, unless the beneficiary (1) agrees i…
Neb. Rev. Stat. § 44-3613 Durable medical equipment, prosthetic, orthotic, or supply; reimbursement.
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An issuer of a medicare supplement policy or certificate shall not be required to reimburse a supplier or beneficiary in an amount greater than one hundred fifteen percent of the medicare-approved amount for durable medical equipment, prosthetics, orthotics, or supplies. Nothing …
Neb. Rev. Stat. § 44-3614 Medicare supplement policy or certificate; eligibility by reason of disability; availability; premiums.
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(1) An issuer that makes a medicare supplement policy or certificate available to an individual who is sixty-five years of age and eligible for medicare benefits as described in 42 U.S.C. 1395c(1), as such section existed on January 1, 2024, shall make at least one medicare suppl…
Repealed. Laws 1989, LB 92, § 278.
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[Repealed or reserved.]
Repealed. Laws 1989, LB 92, § 278.
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[Repealed or reserved.]
Repealed. Laws 1989, LB 92, § 278.
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[Repealed or reserved.]
Repealed. Laws 1989, LB 92, § 278.
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[Repealed or reserved.]
Repealed. Laws 1989, LB 92, § 278.
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[Repealed or reserved.]
Neb. Rev. Stat. § 44-367 Rebates; violation; license; revocation; appeal.
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The license of any insurance company, agent, or broker found by the Department of Insurance, after hearing, to have violated section 44-361 may be revoked or suspended. Appeal may be taken from the decision of the Director of Insurance, and the appeal shall be in accordance with …
Repealed. Laws 1989, LB 92, § 278.
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[Repealed or reserved.]
Neb. Rev. Stat. § 44-369 Premium notes; sale or pledge before delivery of policy; prohibited.
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It shall be unlawful for any company or agent thereof to hypothecate, sell or dispose of a promissory note, received in payment for any part of a premium on a policy of insurance applied for under the provisions of this chapter, prior to the delivery of the policy to the applican…
Neb. Rev. Stat. § 44-370 Life insurance policy; proceeds; payments; sale; surrender; pledge; change of beneficiary.
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A life insurance company may provide that the amount to become due under a policy shall be paid in installments to a beneficiary therein named. If such beneficiary shall die before all said installments are paid, said policy may provide to whom the remaining ones shall be paid. A…
Neb. Rev. Stat. § 44-3701 Act, how cited.
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Sections 44-3701 to 44-3721 shall be known and may be cited as the Motor Club Services Act.
Neb. Rev. Stat. § 44-3702 Definitions, sections found.
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For the purposes of sections 44-3701 to 44-3721, unless the context otherwise requires, the definitions found in sections 44-3703 to 44-3708 shall apply.
Neb. Rev. Stat. § 44-3703 Club, defined.
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Club shall mean any organization or other person presently or hereafter engaged in selling, furnishing, or making available to members, either as principal or agent, motor club services.