Chapter 44 — INSURANCE
2,728 sections in this chapter.
Neb. Rev. Stat. § 44-3704 Club representative, defined.
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Club representative shall mean any person in this state designated by the club who acts or aids in any manner in the solicitation, negotiation, or renewal of motor club service contracts, except it shall not mean any person performing only work of a clerical nature in the office …
Neb. Rev. Stat. § 44-3705 Director, defined.
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Director shall mean the Director of Insurance.
Neb. Rev. Stat. § 44-3706 Insurance service, defined.
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Insurance service shall mean any act by a club to sell or furnish to a member group insurance benefits covering accidental injury and death or any motor club service, except that such insurance shall be issued only by an insurance company duly authorized to do such business in th…
Neb. Rev. Stat. § 44-3707 Motor club service, defined.
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Motor club service shall mean the rendering, furnishing, or procuring of, or reimbursement for any of the services enumerated in this section, which shall include but not be limited to: (1) Towing service; (2) Bail and arrest bond service; (3) Emergency road service; (4) Claim ad…
Neb. Rev. Stat. § 44-3708 Motor club service contract, defined.
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Motor club service contract shall mean any written agreement whereby any club, for a consideration, promises to render, furnish, or procure for any member a motor club service.
Neb. Rev. Stat. § 44-3709 Motor club; deposit securities or surety bond.
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A club shall not render or agree to render a motor club service without first depositing and thereafter continuously maintaining the amount of fifty thousand dollars in cash or securities approved by the director or, in lieu of such cash or securities, a performance bond in the a…
Neb. Rev. Stat. § 44-371 Annuity contract; insurance proceeds and benefits; exempt from claims of creditors; exceptions.
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(1)(a) Except as provided in subdivision (1)(b) of this section and in section 68-919, all proceeds, cash values, and benefits accruing under any annuity contract, under any policy or certificate of life insurance payable upon the death of the insured to a beneficiary other than …
Neb. Rev. Stat. § 44-3710 Motor club; security; purpose.
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The security required in section 44-3709 shall be used for the following: (1) Protection, use, and benefit of all persons whose applications for membership in a motor club have been accepted by such club or its representative; and (2) Covering of the following obligations, which …
Neb. Rev. Stat. § 44-3711 Club member; action on security; aggregate liability.
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If any member shall be defrauded or aggrieved by any misconduct, wrongful act, misrepresentation, or failure of the club to render its services or fulfill its contractual obligations, such member may bring suit on the security provided in section 44-3710 in his or her own name, b…
Neb. Rev. Stat. § 44-3712 Motor club; certificate of authority required; issuance; requirements; fee.
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(1) No club shall offer, issue, or renew a motor club service contract in this state without first obtaining from the director a certificate of authority to act. A certificate of authority shall be issued by the director to the club upon submission of the items in subdivisions (a…
Neb. Rev. Stat. § 44-3713 Certificate of authority; expiration date; renewal requirements; fee.
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Certificates of authority issued pursuant to sections 44-3701 to 44-3721 shall expire annually on April 30, unless sooner revoked or suspended. No certificate of authority shall be renewed by the director until the club has: (1) Paid an annual certificate of authority fee of one …
Neb. Rev. Stat. § 44-3714 Motor club; director; issue cease and desist order; revoke or suspend certificate; grounds; hearing.
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The director may order the club to cease and desist or may revoke, suspend, or refuse to continue the certificate of authority of a club whenever, after a hearing and for cause shown, he or she determines that any of the following circumstances exist: (1) The club has violated or…
Neb. Rev. Stat. § 44-3715 Motor club service contract; required contents.
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No motor club service contract shall be issued or delivered in this state unless it contains all of the following: (1) The exact corporate or other name of the club; (2) The exact location of its home office or any business office to which inquiries may be made; (3) The motor clu…
Neb. Rev. Stat. § 44-3716 Motor club representative; registration; qualifications; examination; termination of representative's authority; fees.
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(1) No individual shall act as a club representative in Nebraska without the club having registered such individual with the director within thirty days after the date of designation as a club representative. Application for registration as a club representative shall be made to …
Neb. Rev. Stat. § 44-3717 Motor club representative; director; issue cease and desist order; revoke or suspend authority; hearing.
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Upon satisfactory evidence that a club representative has violated or failed to comply with any provision of the Motor Club Services Act or any rule or regulation adopted and promulgated under such act, the director may issue an order requiring the club representative to cease an…
Neb. Rev. Stat. § 44-3718 Motor club services; laws applicable.
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The offering of motor club services shall be subject solely and exclusively to the provisions of sections 44-3701 to 44-3721, and the offering of such services by any duly authorized club shall not be deemed transacting business as an insurance company, association, or exchange, …
Neb. Rev. Stat. § 44-3719 Director; duties; rules and regulations.
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The director shall administer and enforce the provisions of sections 44-3701 to 44-3721 and may adopt and promulgate rules and regulations in accordance with sections 44-3701 to 44-3721.
Neb. Rev. Stat. § 44-372 Life insurance; annuity; nonpayment of premium; effect.
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Any policy containing a provision for a deferred annuity on the life of the insured only, unless paid for by a single premium, shall provide that in the event of the nonpayment of any premium after three full years' premium shall have been paid, the annuity shall automatically be…
Neb. Rev. Stat. § 44-3720 Act; administrative procedures.
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Except as otherwise provided in the Motor Club Services Act, all hearings held by and all orders and decisions made or any failure to act by the director pursuant to the Motor Club Services Act shall be subject to the Administrative Procedure Act. Any order of the director may be…
Neb. Rev. Stat. § 44-3721 Violations; penalty.
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If any person shall willfully violate the provisions of sections 44-3701 to 44-3720, such person shall be deemed guilty of a Class III misdemeanor.
Neb. Rev. Stat. § 44-373 Corporate directors, officers, and employees; insurance upon lives; requirements.
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Whenever a corporation, organized under the laws of this state, has heretofore caused or shall hereafter cause the life of any director, officer, agent or employee to be insured, or whenever such corporation is named as a beneficiary in, or assignee of, any policy of life insuran…
Neb. Rev. Stat. § 44-374 Property insurance; insurable interest required.
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No policy of insurance shall be issued upon any property except in the name of some party having an interest in the property.
Neb. Rev. Stat. § 44-375 Insurance; applicable only to insured's interest.
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When the name of the party intended to be insured is specified in a policy, such insurance can be applied only to his own proper interest.
Neb. Rev. Stat. § 44-376 Insurance; policy issued to agent or trustee.
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When insurance is issued to an agent or trustee, the fact that his principal or beneficiary is the person really insured is sufficiently indicated by describing him as agent or trustee or by other general words in the policy.
Neb. Rev. Stat. § 44-377 Insurance; joint, partnership, or limited liability company interest; policy terms.
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To render an insurance policy effective by one partner, member, or part owner applicable to the interest of another partner, member, or owner, it is necessary that the terms of the policy should be such as are applicable to the joint, partnership, or limited liability company int…
Neb. Rev. Stat. § 44-378 Insurance; insured described generally; who may claim.
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When the description of the insured in the policy is so general that it may comprehend any person or class of persons, he only can claim the benefit of the policy who can show that it was intended to include him.
Transferred to section 44-522.
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[Repealed or reserved.]
Transferred to section 44-523.
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[Repealed or reserved.]
Transferred to section 44-501.02.
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[Repealed or reserved.]
Neb. Rev. Stat. § 44-3801 Sections, how construed.
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Sections 44-3801 to 44-3826 shall be interpreted liberally to aid in maintaining a high level of competence and adherence to professional standards in the performance of dental services.
Neb. Rev. Stat. § 44-3802 Terms, defined.
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As used in sections 44-3801 to 44-3826, unless the context otherwise requires: (1) Director shall mean the Director of Insurance; (2) Department shall mean the Department of Insurance; (3) Prepaid dental service plan or plan shall mean a contractual arrangement to provide specifi…
Neb. Rev. Stat. § 44-3803 Insurance laws; applicability.
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The insurance laws of this state including sections 44-3801 to 44-3826 shall not apply to: (1) Retainer contracts made by dentists with individual patients with fees based on estimates of the nature and amount of services to be provided to the specific patient and similar contrac…
Neb. Rev. Stat. § 44-3804 Prepaid dental service plan; certificate of authority; exception.
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No person may offer a prepaid dental service plan in this state unless authorized to do so by the director. This section shall not apply to any person issuing group policies if fewer than twenty-five percent of the certificate holders or insureds reside in this state and the pers…
Neb. Rev. Stat. § 44-3805 Prepaid dental service plan; coverage; contract; certificate; requirements; prohibited acts.
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(1) A prepaid dental service plan may be offered on an individual or group basis. Each person covered under a group contract shall be issued a certificate of coverage. (2) No contract or certificate for dental service may be issued in this state unless a copy of the form has been…
Neb. Rev. Stat. § 44-3806 Prepaid dental service plan; contract; certificate; disapproved; when.
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The director may disapprove a contract or certificate form for dental service under a prepaid dental service plan if the director finds that the form: (1) Is unfair, unfairly discriminatory, misleading, or encourages misrepresentation or misunderstanding of the contract; (2) Prov…
Neb. Rev. Stat. § 44-3807 Corporation; provider contracts; file; report.
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(1) Provider contracts, and changes thereto, made between a prepaid dental service corporation and any provider of services covered by any plan shall be filed with the director and shall not become effective until approved by the director. (2) A prepaid dental service corporation…
Neb. Rev. Stat. § 44-3808 Corporation; deposit securities or surety bond; duties.
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(1) A prepaid dental service corporation shall deposit with the director securities eligible for deposit by an insurance company which shall have at all times a market value of not less than fifty thousand dollars or an amount as provided by subsection (7) of this section. A depo…
Neb. Rev. Stat. § 44-3809 Corporation; contract; limitations.
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A prepaid dental service corporation shall not contract itself to practice dentistry in any manner, nor shall the corporation control or attempt to control the dentist in the exercise of professional judgment.
Repealed. Laws 1971, LB 958, § 2.
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[Repealed or reserved.]
Neb. Rev. Stat. § 44-3810 Corporation; contracts authorized; requirements.
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A prepaid dental service corporation may contract with others, including insurance companies organized under any of the laws of the State of Nebraska, for partial or total administrative services or for joint participation or otherwise cede to or accept from others the whole or a…
Neb. Rev. Stat. § 44-3811 Prepaid dental service plan; code of ethics; violation; director; duties.
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The director shall report to the president of the Nebraska Dental Association, or to any person designated by the Nebraska Dental Association to receive grievances concerning dentists from the public, any information of possible violations of the code of ethics by dentists who pr…
Neb. Rev. Stat. § 44-3812 Corporation; articles of incorporation; requirements.
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(1) Two or more persons may organize a prepaid dental service corporation under this section. (2) The articles of incorporation of the corporation shall conform to the requirements of the Nebraska Nonprofit Corporation Act or to the requirements of the Nebraska Model Business Cor…
Neb. Rev. Stat. § 44-3813 Certificate of authority; application; contents.
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The incorporators shall file with the director an application for a certificate of authority to do business, which shall include or have attached the following: (1) The names, addresses, and occupations of all incorporators, proposed directors, and officers; (2) For corporate inc…
Neb. Rev. Stat. § 44-3814 Certificate of authority; issuance; when.
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The director shall issue a certificate of authority to a corporation organized under sections 44-3801 to 44-3826 if: (1) The director finds that all requirements of law have been met; (2) The director is satisfied that all natural persons who are incorporators, the directors and …
Neb. Rev. Stat. § 44-3815 Corporation; existence commenced; effect.
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Upon the issuance of the certificate of authority, and upon the issuance of the certificate of incorporation by the Secretary of State, the existence of the corporation organized under sections 44-3801 to 44-3826 shall begin, the articles and bylaws shall become effective, the pr…
Neb. Rev. Stat. § 44-3816 Corporation; investments; limitation.
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A corporation organized under sections 44-3801 to 44-3826 shall invest its funds as provided by Chapter 44 and its investments shall be valued as provided by Chapter 44. The investments shall exceed its liabilities and reserves except for claim liability covered by contracting de…
Neb. Rev. Stat. § 44-3817 Corporation; reserves.
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A corporation organized under sections 44-3801 to 44-3826 shall maintain the reserves necessary for the sound operation of its prepaid dental service plans, including unearned payment reserves. The amount and manner of calculating such reserves shall be determined by rule and reg…
Neb. Rev. Stat. § 44-3818 Corporation; prohibited memberships; laws not applicable.
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A prepaid dental service corporation shall not be a member of the Nebraska Property and Liability Insurance Guaranty Association described in Chapter 44, article 24, or the Nebraska Life and Health Insurance Guaranty Association described in Chapter 44, article 27. The Nebraska P…
Neb. Rev. Stat. § 44-3819 Corporation; advancement of funds; repayment; conditions.
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Any person may advance to a corporation organized under sections 44-3801 to 44-3826 on a contingent liability base such funds as are necessary for the purposes of its business or to enable it to comply with any requirements of sections 44-3801 to 44-3826. Such money and interest …
Repealed. Laws 1989, LB 92, § 278.
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[Repealed or reserved.]