Chapter 44, INSURANCE
2,111 sections in this chapter.
Neb. Rev. Stat. § 44-1643 Employee; death; coverage continued; conditions; premium rate.
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An employer or employer trust group policy or contract delivered, issued for delivery, or renewed in this state which provides coverage to a group which, based on the number of employees, is not a group subject to section 4980B of the Internal Revenue Code and which provides hosp…
Neb. Rev. Stat. § 44-1644 Employee; death; coverage continued; notice; contents.
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Not later than ten working days following the date of the death of the employee, the employer shall send a notice by certified mail with return receipt requested to the covered surviving spouse or, if there is no covered surviving spouse, to any covered surviving dependent childr…
Neb. Rev. Stat. § 44-1645 Employee; death; election to continue coverage; procedure.
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If the covered surviving spouse or covered surviving dependent children elect to continue such coverage, the election form and the first monthly premium shall be sent by certified mail with return receipt requested to the insurance company or health maintenance organization withi…
Neb. Rev. Stat. § 44-165 Financial conglomerate; supervision on consolidated basis; director; powers; duties; application fee; violation; enforcement powers; administrative penalty; unfair trade practice; criminal penalty; appeal; expenses of supervision.
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(1)(a) A financial conglomerate may submit to the jurisdiction of the Director of Insurance for supervision on a consolidated basis under this section. Supervision under this section shall be in addition to all statutory and regulatory requirements imposed on domestic insurers an…
Neb. Rev. Stat. § 44-1701 Sections, purpose.
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The purpose of sections 44-1701 to 44-1713 is to promote the public welfare by regulating credit life insurance and credit accident and health insurance. Nothing in sections 44-1701 to 44-1713 is intended to prohibit or discourage reasonable competition. The provisions of section…
Neb. Rev. Stat. § 44-1702 Terms, defined.
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As used in sections 44-1701 to 44-1713, unless the context otherwise requires: (1) Credit life insurance shall mean insurance on the life of a debtor pursuant to or in connection with a specific loan or other credit transaction; (2) Credit accident and health insurance means insu…
Neb. Rev. Stat. § 44-1703 Insurance sold with credit transaction; applicability of law; exceptions.
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All life insurance and all accident and health insurance sold in connection with loans or other credit transactions shall be subject to sections 44-1701 to 44-1713 except such insurance sold in connection with a loan or other credit transaction of more than ten years duration or …
Neb. Rev. Stat. § 44-1704 Forms of policy.
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Credit life insurance and credit accident and health insurance shall be issued only in the following forms: (1) Individual policies of life insurance issued to debtors on the term plan; (2) Individual policies of accident and health insurance issued to debtors on a term plan or d…
Neb. Rev. Stat. § 44-1705 Limitation on amount of insurance issued.
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(1) The amount of credit life insurance shall not exceed the initial indebtedness. If an indebtedness repayable in substantially equal installments is secured by an individual policy of credit life insurance, the amount of insurance shall at no time exceed the scheduled amount of…
Neb. Rev. Stat. § 44-1706 Term of policy.
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The term of any credit life insurance or credit accident and health insurance shall, subject to acceptance by the insurer, commence on the date when the debtor becomes obligated to the creditor, except that, if a group policy provides coverage with respect to existing obligations…
Neb. Rev. Stat. § 44-1707 Policy or certificate of insurance; type issued; when delivered; application; acceptance.
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(1) All credit life insurance and credit accident and health insurance sold shall be evidenced by an individual policy, or in case of group insurance, by a certificate of insurance, which individual policy or group certificate of insurance shall be delivered to the debtor. (2) Ea…
Neb. Rev. Stat. § 44-1708 Policy form, certificates of insurance, notices, applications, endorsements, and riders; filing requirements; approval; exception.
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(1) Except as otherwise provided by the director, all policies, certificates of insurance, notices of proposed insurance, applications for insurance, endorsements, and riders, to be delivered in this state, shall be filed with the director who shall acknowledge receipt of the fil…
Neb. Rev. Stat. § 44-1709 Schedule of premium rates; revision; filing requirements; refunds.
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(1) Each insurer issuing credit life insurance or credit accident and health insurance shall file with the director its schedule of premium rates for use in connection with such insurance. Any insurer may revise such schedules from time to time, and shall file such revised schedu…
Neb. Rev. Stat. § 44-1710 Delivery and issuance of policy; requirements.
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All policies of credit life insurance and credit accident and health insurance shall be delivered or issued for delivery in this state only by an insurer authorized to do an insurance business therein, and shall be issued only through holders of licenses granted by the director.
Neb. Rev. Stat. § 44-1711 Claims; payment.
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(1) All claims shall be promptly reported to the insurer or its designated claim representative, and the insurer shall maintain adequate claim files. All claims shall be settled as soon as possible and in accordance with the terms of the insurance contract. (2) All claims shall b…
Neb. Rev. Stat. § 44-1712 Additional security; insurance; existing policies; acceptance.
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When credit life insurance or credit accident and health insurance is required as additional security for any indebtedness, the debtor shall, upon request to the creditor, have the option of furnishing the required amount of insurance through existing policies of insurance owned …
Neb. Rev. Stat. § 44-1713 Violations; revocation or suspension; appeal.
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Whenever the director finds, after due notice and hearing, that there has been a violation of any of the provisions of sections 44-1701 to 44-1713 or of any rules or regulations adopted and promulgated pursuant thereto, he or she may revoke or suspend the license or certificate o…
Neb. Rev. Stat. § 44-1801 Purpose of sections.
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(1) The purpose of sections 44-1801 to 44-1806 is to subject to the jurisdiction of the Director of Insurance and to the jurisdiction of the courts of this state insurers not authorized to transact business in this state which place in or send into this state any false advertisin…
Neb. Rev. Stat. § 44-1802 Terms, defined.
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For purposes of the Unauthorized Insurers False Advertising Process Act: (1) Director shall mean the Director of Insurance; and (2) Residents shall mean and include persons, partnerships, limited liability companies, or corporations, domestic, alien, or foreign.
Neb. Rev. Stat. § 44-1803 Unlawful advertising; director; notice to insurer.
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No unauthorized foreign or alien insurer of the kind described in section 44-1801 shall make, issue, circulate, or cause to be made, issued, or circulated to residents of this state any estimate, illustration, circular, pamphlet, or letter or cause to be made in any newspaper, ma…
Neb. Rev. Stat. § 44-1804 Failure to cease making misrepresentation; action by director.
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If after thirty days following the giving of the notice mentioned in section 44-1803 such insurer has failed to cease making, issuing, or circulating such false misrepresentations or causing the same to be made, issued, or circulated in this state and if the director has reason t…
Neb. Rev. Stat. § 44-1805 Subject to personal jurisdiction.
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Any of the following acts in this state, effected by mail or otherwise, by any such unauthorized foreign or alien insurer: (1) The issuance or delivery of contracts of insurance to residents of this state; (2) the solicitation of applications for such contracts; (3) the collectio…
Neb. Rev. Stat. § 44-1806 Act, how cited.
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Sections 44-1801 to 44-1806 shall be known and may be cited as the Unauthorized Insurers False Advertising Process Act.
Neb. Rev. Stat. § 44-19,100 Record retention requirements.
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Evidence of the examination of title and determination of insurability for title insurance business written by a title insurer and records relating to escrow and security deposits shall be preserved and retained by the title insurer for as long as appropriate to the circumstances…
Neb. Rev. Stat. § 44-19,101 Rules and regulations.
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The director may adopt and promulgate rules and regulations and issue orders as necessary to carry out the Title Insurers Act.
Neb. Rev. Stat. § 44-19,102 Penalties and liabilities.
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(1) If the director determines that a title insurer or any other person has violated the Title Insurers Act or any rule or regulation adopted and promulgated pursuant to the act, after notice and opportunity to be heard, the director may order: (a) A penalty not exceeding one tho…
Neb. Rev. Stat. § 44-19,103 Unfair trade practices.
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In addition to any other remedies available under the laws of this state, each violation of the Title Insurers Act and any rules and regulations adopted and promulgated thereunder shall be an unfair trade practice in the business of insurance subject to the Unfair Insurance Trade…
Neb. Rev. Stat. § 44-19,104 Violations of Real Estate Settlement Procedures Act of 1974.
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The director or Attorney General may bring an action in a court of competent jurisdiction to enjoin violations of the federal Real Estate Settlement Procedures Act of 1974, as amended, 12 U.S.C. 2601.
Neb. Rev. Stat. § 44-19,105 Applicability of act.
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The Title Insurers Act applies to all transactions entered into on or after September 13, 1997, except that: (1) If the capital and surplus required prior to September 13, 1997, was less than that required by section 44-1985, a title insurer shall have two years after September 1…
Neb. Rev. Stat. § 44-19,106 Act, how cited.
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Sections 44-19,106 to 44-19,123 shall be known and may be cited as the Title Insurance Agent Act.
Neb. Rev. Stat. § 44-19,107 Purpose of act.
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The purpose of the Title Insurance Agent Act is to provide the State of Nebraska with a comprehensive body of law for the effective regulation and supervision of title insurance agents.
Neb. Rev. Stat. § 44-19,108 Terms, defined.
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For purposes of the Title Insurance Agent Act: (1) Abstract of title has the same meaning as in section 44-1981; (2) Affiliated business means any portion of a title insurance agent's title insurance business written in this state that was referred to it by a producer of title in…
Neb. Rev. Stat. § 44-19,109 Licensing requirements.
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(1) A person shall not act in the capacity of a title insurance agent and a title insurer shall not contract with any person to act in the capacity of a title insurance agent with respect to risks located in this state unless the person is a licensed title insurance agent in this…
Neb. Rev. Stat. § 44-19,110 Examination of title insurance agents.
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The director may, during normal business hours, examine, audit, and inspect any and all books and records maintained by a title insurance agent under the provisions of the Title Insurance Agent Act. The title insurance agent shall reimburse the director for the expense of examina…
Neb. Rev. Stat. § 44-19,111 Prohibition of rebate and fee splitting.
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A title insurance agent or other person shall not provide or receive, directly or indirectly, any consideration for the referral of title insurance business or escrow or other services provided by a title insurance agent.
Neb. Rev. Stat. § 44-19,112 Affiliated business provisions.
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(1) Whenever title insurance business to be written constitutes affiliated business, prior to commencing the transaction, the title insurance agent shall ensure that its customer has been provided with a written disclosure of the existence of the affiliated business arrangement a…
Neb. Rev. Stat. § 44-19,113 Favored agent of title insurer.
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A title insurance agent shall not participate in any transaction in which it knows that a producer of title insurance business or other person requires, directly or indirectly, or through a trustee, director, officer, agent, employee, or affiliate, as a condition, agreement, or u…
Neb. Rev. Stat. § 44-19,114 Required provisions of underwriting contract with title insurer.
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(1) A person, firm, association, or corporation acting in the capacity of a title insurance agent shall not place title insurance business with a title insurer unless there is in force a written contract between the parties which sets forth the responsibilities of each party and,…
Neb. Rev. Stat. § 44-19,115 Title insurance commitment; notice.
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(1) When constituting an offer to issue an owner's title insurance policy covering the resale of owner-occupied residential property, a title insurance commitment shall be furnished to the purchaser-mortgagor or its representative as soon as reasonably possible prior to closing. …
Neb. Rev. Stat. § 44-19,116 Conditions for providing escrow, security, settlement, or closing services and maintaining escrow and security deposit accounts.
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(1)(a) A title insurance agent may operate as an escrow, security, settlement, or closing agent subject to the requirements of subdivisions (b) through (f) of this subsection. (b) All funds deposited with the title insurance agent in connection with an escrow, settlement, closing…
Neb. Rev. Stat. § 44-19,117 Record retention requirements.
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The title insurance agent shall maintain sufficient records of its affairs, including its escrow operations and escrow trust accounts, so that the director may adequately ensure that the title insurance agent is in compliance with all provisions of the Title Insurance Agent Act. …
Neb. Rev. Stat. § 44-19,118 Application of other laws.
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A title insurance agent shall be subject to all other applicable provisions of the insurance laws of this state unless specifically addressed by the Title Insurance Agent Act.
Neb. Rev. Stat. § 44-19,119 Rules and regulations.
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The director may adopt and promulgate rules and regulations and issue orders as necessary to carry out the Title Insurance Agent Act.
Neb. Rev. Stat. § 44-19,120 Penalties and liabilities.
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(1) If the director determines that a title insurance agent or any other person has violated the Title Insurance Agent Act or any rule or regulation adopted and promulgated pursuant to the act, after notice and opportunity to be heard, the director may order: (a) A penalty not ex…
Neb. Rev. Stat. § 44-19,120.01 Summary cease and desist order; authorized; procedure.
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Whenever the director has reasonable cause to believe that a title insurance agent is violating the Title Insurance Agent Act or any rules and regulations adopted and promulgated thereunder, the director may, without notice, and before a hearing, issue a summary cease and desist …
Neb. Rev. Stat. § 44-19,121 Unfair trade practice.
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In addition to any other remedies available under the laws of this state, each violation of the Title Insurance Agent Act and any rules and regulations adopted and promulgated thereunder shall be an unfair trade practice in the business of insurance subject to the Unfair Insuranc…
Neb. Rev. Stat. § 44-19,122 Violations of Real Estate Settlement Procedures Act of 1974.
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The director or Attorney General may bring an action in a court of competent jurisdiction to enjoin violations of the federal Real Estate Settlement Procedures Act of 1974, 12 U.S.C. 2601.
Neb. Rev. Stat. § 44-19,123 Applicability of act.
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The Title Insurance Agent Act applies to all activities or agreements of a title insurance agent engaged in or entered into on or after September 13, 1997. The title insurance agent shall amend all existing agreements to comply with section 44-19,114 within sixty days after Septe…
Neb. Rev. Stat. § 44-1978 Act, how cited.
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Sections 44-1978 to 44-19,105 shall be known and may be cited as the Title Insurers Act.
Neb. Rev. Stat. § 44-1979 Purpose of act.
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The purpose of the Title Insurers Act is to provide for the effective regulation and supervision of title insurance and title insurers authorized to issue title insurance policies or otherwise transact the business of title insurance in this state.