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2,111 sections in this chapter.
Neb. Rev. Stat. § 44-5607 Reinsurance intermediary-manager; contracts; requirements; records required.
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Transactions between a reinsurance intermediary-manager and the reinsurer it represents in such capacity shall only be entered into pursuant to a written contract specifying the responsibilities of each party, which contract shall be approved by the reinsurer's board of directors…
Neb. Rev. Stat. § 44-5608 Reinsurance intermediary-manager; prohibited acts.
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A reinsurance intermediary-manager shall not: (1) Cede retrocessions on behalf of the reinsurer, except that the reinsurance intermediary-manager may cede facultative retrocessions pursuant to obligatory facultative agreements if the contract with the reinsurer contains reinsuran…
Neb. Rev. Stat. § 44-5609 Reinsurer; prohibited acts; requirements.
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(1) A reinsurer shall not engage the services of any person, firm, association, or corporation to act as a reinsurance intermediary-manager on its behalf unless such person, firm, association, or corporation is licensed as required by subsection (2) of section 44-5603. (2) The re…
Neb. Rev. Stat. § 44-5610 Reinsurance intermediary; examination by director.
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A reinsurance intermediary shall be subject to examination by the director. The director shall have access to all books, bank accounts, and records of the reinsurance intermediary in a form usable to the director. The cost of examination shall be paid by the reinsurance intermedi…
Neb. Rev. Stat. § 44-5611 Violations; penalties; action for damages; act, how construed.
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(1) If the director determines that the reinsurance intermediary or any other person has not materially complied with the Reinsurance Intermediary Act, any rule or regulation adopted and promulgated thereunder, or any order issued thereunder, after notice and opportunity to be he…
Neb. Rev. Stat. § 44-5612 Rules and regulations.
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The director may adopt and promulgate rules and regulations to carry out the Reinsurance Intermediary Act.
Neb. Rev. Stat. § 44-5613 Compliance with act; when.
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No insurer or reinsurer may continue to utilize the services of a reinsurance intermediary on and after January 1, 1993, unless utilization is in compliance with the Reinsurance Intermediary Act.
Neb. Rev. Stat. § 44-5701 Act, how cited.
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Sections 44-5701 to 44-5708 shall be known and may be cited as the Producer-Controlled Property and Casualty Insurer Act.
Neb. Rev. Stat. § 44-5702 Terms, defined.
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For purposes of the Producer-Controlled Property and Casualty Insurer Act: (1) Accredited state shall mean a state in which the insurance department or regulatory agency has qualified as meeting the minimum financial regulatory standards established and promulgated from time to t…
Neb. Rev. Stat. § 44-5703 Applicability of act.
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The Producer-Controlled Property and Casualty Insurer Act shall apply to insurers either domiciled in this state or domiciled in a state that is not an accredited state. All provisions of the Insurance Holding Company System Act, to the extent they are not superseded by the Produ…
Neb. Rev. Stat. § 44-5704 Applicability of section; exception; controlled insurer; controlling producer; requirements; audit committee; filings required; report.
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(1) The provisions of this section shall apply if, in any calendar year, the aggregate amount of gross written premium on business placed with a controlled insurer by a controlling producer is equal to or greater than five percent of the admitted assets of the controlled insurer,…
Neb. Rev. Stat. § 44-5705 Notice to prospective insured; exception.
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The controlling producer, prior to the effective date of the policy, shall deliver written notice to the prospective insured disclosing the relationship between the controlling producer and the controlled insurer, except that if the business is placed through a subproducer who is…
Neb. Rev. Stat. § 44-5706 Enforcement of act; powers and duties; construction of section.
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(1) If the director believes that the controlling producer or any other person has not materially complied with the Producer-Controlled Property and Casualty Insurer Act or any rule or regulation or order after notice and opportunity to be heard, the director may order the contro…
Neb. Rev. Stat. § 44-5707 Rules and regulations.
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The director may adopt and promulgate rules and regulations to carry out the Producer-Controlled Property and Casualty Insurer Act.
Neb. Rev. Stat. § 44-5708 Controlled insurers and controlling producers; compliance with act; when.
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Controlled insurers and controlling producers who are not in compliance with section 44-5704 on January 1, 1993, shall have until March 1, 1993, to come into compliance and shall comply with section 44-5705 beginning with all policies written or renewed on or after March 1, 1993.
Neb. Rev. Stat. § 44-5801 Act, how cited.
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Sections 44-5801 to 44-5816 shall be known and may be cited as the Third-Party Administrator Act.
Neb. Rev. Stat. § 44-5802 Terms, defined.
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For purposes of the Third-Party Administrator Act: (1) Affiliate or affiliated shall mean any entity or person who, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with a specified entity or person; (2) Control sha…
Neb. Rev. Stat. § 44-5803 Third-party administrator; written agreement; requirements; suspension during dispute.
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(1) No third-party administrator shall act as such without a written agreement between the third-party administrator and the insurer, and such written agreement shall be retained as part of the official records of both the insurer and the third-party administrator for the duratio…
Neb. Rev. Stat. § 44-5804 Payments to third-party administrator; how construed.
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If an insurer utilizes the services of a third-party administrator, the payment to the third-party administrator of any charges and premiums by or on behalf of any policyholder, contract holder, certificate holder, or subscriber shall be deemed to have been received by the insure…
Neb. Rev. Stat. § 44-5805 Transaction records; requirements; access by director; ownership.
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(1) Every third-party administrator shall maintain and make available to the insurer complete records of all transactions performed on behalf of the insurer. The records shall be maintained in accordance with prudent standards of insurance record keeping and shall be maintained f…
Neb. Rev. Stat. § 44-5806 Approved advertising.
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A third-party administrator shall use only such advertising pertaining to the insurance business underwritten by an insurer as has been approved in writing by the insurer in advance of its use.
Neb. Rev. Stat. § 44-5807 Insurer; third-party administrator; responsibilities.
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(1) If an insurer utilizes the services of a third-party administrator, the insurer shall be responsible for determining the benefits, premium rates, underwriting criteria, and claims-payment procedures and for securing reinsurance, if any. The rules pertaining to these matters s…
Neb. Rev. Stat. § 44-5808 Funds collected; held in fiduciary capacity; accounting.
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(1) All charges and premiums collected by a third-party administrator on behalf of or for an insurer or insurers and the return of premiums received from that insurer or insurers shall be held by the third-party administrator in a fiduciary capacity. Such funds shall be immediate…
Neb. Rev. Stat. § 44-5809 Certain contingency agreements prohibited; exceptions.
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A third-party administrator shall not enter into any agreement or understanding with an insurer in which the effect is to make the amount of the third-party administrator's commissions, fees, or charges contingent upon savings effected in the adjustment, settlement, and payment o…
Neb. Rev. Stat. § 44-5810 Notice to certificate holder or subscribers; identification and disclosure of collections.
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(1) If an insurer utilizes the services of a third-party administrator, the third-party administrator shall provide a written notice approved by the insurer to certificate holders or subscribers advising them of the identity of and relationship among the third-party administrator…
Neb. Rev. Stat. § 44-5811 Written communications; delivery.
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Any policies, contracts, certificates, booklets, termination notices, or other written communications delivered by the insurer to the third-party administrator for delivery to policyholders, contract holders, certificate holders, or subscribers shall be delivered by the third-par…
Neb. Rev. Stat. § 44-5812 Certificate of authority; required; application; contents; fee; issuance; director; powers; term; exceptions.
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(1) No person shall act as, offer to act as, or hold himself or herself out to be a third-party administrator in this state without a valid certificate of authority as a third-party administrator issued by the director. (2) An applicant for a certificate of authority as a third-p…
Neb. Rev. Stat. § 44-5813 Application requirements; waiver; when.
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Upon request from a third-party administrator, the director may waive the application requirements of subsection (2) of section 44-5812 if the third-party administrator has a valid certificate of authority as a third-party administrator issued in a state which has requirements fo…
Neb. Rev. Stat. § 44-5814 Annual report; filing; contents; fee; failure to file; effect.
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(1) Each third-party administrator shall file an annual report for the preceding calendar year with the director on or before March 1 of each year or within such extension of time therefor as the director for good cause may grant. The annual report shall be in the form and contai…
Neb. Rev. Stat. § 44-5815 Certificate of authority; suspension or revocation; grounds; administrative penalty; authorized.
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(1) The director shall suspend or revoke the certificate of authority as a third-party administrator if the director finds that the third-party administrator: (a) Is in an unsound financial condition; (b) Is using such methods or practices in the conduct of its business so as to …
Neb. Rev. Stat. § 44-5816 Rules and regulations.
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The director may adopt and promulgate rules and regulations to carry out the Third-Party Administrator Act.
Neb. Rev. Stat. § 44-5901 Act, how cited.
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Sections 44-5901 to 44-5910 shall be known and may be cited as the Insurers Examination Act.
Neb. Rev. Stat. § 44-5902 Purpose of act.
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The purpose of the Insurers Examination Act is to provide an effective and efficient system for examining the activities, operations, financial condition, and affairs of all persons transacting the business of insurance in this state and all persons otherwise subject to the juris…
Neb. Rev. Stat. § 44-5903 Terms, defined.
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For purposes of the Insurers Examination Act: (1) Company shall mean any person engaging in or proposing or attempting to engage in any transaction or kind of insurance or surety business and any person or group of persons who may otherwise be subject to the administrative, regul…
Neb. Rev. Stat. § 44-5904 Authority, scope, and scheduling of examinations.
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(1) The director or any of his or her examiners may conduct an examination under the Insurers Examination Act of any company incorporated in this state or in any other state or country admitted to or applying for admission to transact business in this state as often as the direct…
Neb. Rev. Stat. § 44-5905 Conduct of examinations; record retention requirements.
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(1) Upon determining that an examination should be conducted, the director or his or her designee shall appoint one or more examiners to conduct the examination and instruct them as to the scope of the examination. In conducting the examination, the examiner shall observe those g…
Neb. Rev. Stat. § 44-5906 Examination reports.
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(1) All examination reports shall be comprised of only facts appearing upon the books, records, or other documents of the company and its agents or other persons examined or as ascertained from the testimony of its officers or agents or other persons examined concerning its affai…
Neb. Rev. Stat. § 44-5907 Conflict of interest.
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(1) No examiner may be appointed by the director if such examiner, either directly or indirectly, has a conflict of interest or is affiliated with the management of or owns a pecuniary interest in any company subject to examination under the Insurers Examination Act. This section…
Neb. Rev. Stat. § 44-5908 Cost of examinations.
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The reasonable expenses of the examination of a company conducted under the Insurers Examination Act shall be fixed and determined by the director who shall collect the same from the company examined. The company shall reimburse the amount thereof upon presentation of a statement…
Neb. Rev. Stat. § 44-5909 Immunity from liability.
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(1) No cause of action shall arise nor shall any liability be imposed against the director, his or her authorized representatives, or any examiner appointed by the director for any statements made or conduct performed in good faith while carrying out the provisions of the Insurer…
Neb. Rev. Stat. § 44-5910 Rules and regulations.
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The director may adopt and promulgate rules and regulations to carry out the Insurers Examination Act.
Neb. Rev. Stat. § 44-6001 Act, how cited.
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Sections 44-6001 to 44-6026 shall be known and may be cited as the Insurers and Health Organizations Risk-Based Capital Act.
Neb. Rev. Stat. § 44-6002 Definitions, where found.
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For purposes of the Insurers and Health Organizations Risk-Based Capital Act, the definitions found in sections 44-6003 to 44-6014 shall be used.
Neb. Rev. Stat. § 44-6003 Adjusted risk-based capital report, defined.
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Adjusted risk-based capital report means a risk-based capital report which has been adjusted by the director in accordance with subsection (6) of section 44-6015.
Neb. Rev. Stat. § 44-6004 Corrective order, defined.
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Corrective order means an order issued by the director specifying corrective actions which the director has determined are required.
Neb. Rev. Stat. § 44-6005 Director, defined.
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Director means the Director of Insurance.
Neb. Rev. Stat. § 44-6006 Domestic, defined.
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Domestic, when referring to insurers, has the same meaning as in section 44-103.
Neb. Rev. Stat. § 44-6006.01 Domestic health organization, defined.
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Domestic health organization means a health organization domiciled in this state.
Neb. Rev. Stat. § 44-6007 Foreign, defined.
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Foreign, when referring to insurers, has the same meaning as in section 44-103.
Neb. Rev. Stat. § 44-6007.01 Foreign health organization, defined.
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Foreign health organization means a health organization that is authorized to do business in this state but is not domiciled in this state.