Chapter 44 — INSURANCE
2,728 sections in this chapter.
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.
Neb. Rev. Stat. § 44-6007.02 Health organization, defined.
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Health organization means a health maintenance organization, prepaid limited health service organization, prepaid dental service corporation, or other managed care organization. Health organization does not include a life and health insurer, a fraternal benefit society, or a prop…
Neb. Rev. Stat. § 44-6008 Insurer, defined.
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Insurer means an insurer as defined in section 44-103 authorized to transact the business of insurance, except that insurer does not include health organizations, unincorporated mutual associations, assessment associations, health maintenance organizations, prepaid dental service…
Neb. Rev. Stat. § 44-6009 Negative trend, with respect to a life and health insurer or a fraternal benefit society, defined.
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Negative trend, with respect to a life and health insurer or a fraternal benefit society, means a negative trend over a period of time, as determined in accordance with the trend test calculation included in the life risk-based capital instructions.
Neb. Rev. Stat. § 44-601 Over-insurance; policies for more than five years prohibited.
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It shall be unlawful for any insurance company or any agent to knowingly issue any fire insurance policy upon property within this state for an amount which, with any existing insurance, exceeds the fair value of the property or of the interest of the insured therein, or for a lo…
Neb. Rev. Stat. § 44-6010 Risk-based capital instructions, defined.
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Risk-based capital instructions means the risk-based capital report, including risk-based capital instructions adopted by the National Association of Insurance Commissioners, as such instructions may be amended by the association from time to time in accordance with the procedure…
Neb. Rev. Stat. § 44-6011 Risk-based capital level, defined.
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Risk-based capital level means an insurer's or a health organization's company action level risk-based capital, regulatory action level risk-based capital, authorized control level risk-based capital, or mandatory control level risk-based capital. For purposes of this section: (1…
Neb. Rev. Stat. § 44-6012 Risk-based capital plan, defined.
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Risk-based capital plan means a comprehensive financial plan containing the elements specified in subsection (2) of section 44-6016. If the director rejects a plan and it is revised by the insurer or health organization, with or without the director's recommendation, the plan sha…
Neb. Rev. Stat. § 44-6013 Risk-based capital report, defined.
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Risk-based capital report means the report required in section 44-6015.
Neb. Rev. Stat. § 44-6014 Total adjusted capital, defined.
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Total adjusted capital means the sum of: (1) An insurer's or a health organization's statutory capital and surplus as determined in accordance with the statutory accounting applicable to the annual financial statements required to be filed under sections 44-322, 44-32,134, 44-382…
Neb. Rev. Stat. § 44-6015 Risk-based capital reports.
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(1) Every domestic insurer or domestic health organization shall annually, on or prior to March 1, referred to in this section as the filing date, prepare and submit to the director a risk-based capital report of its risk-based capital levels as of the end of the calendar year ju…
Neb. Rev. Stat. § 44-6016 Company action level event.
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(1) Company action level event means any of the following events: (a) The filing of a risk-based capital report by an insurer or a health organization which indicates that: (i) The insurer's or health organization's total adjusted capital is greater than or equal to its regulator…
Neb. Rev. Stat. § 44-6017 Regulatory action level event.
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(1) Regulatory action level event means any of the following events: (a) The filing of a risk-based capital report by the insurer or health organization which indicates that the insurer's or health organization's total adjusted capital is greater than or equal to its authorized c…
Neb. Rev. Stat. § 44-6018 Authorized control level event.
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(1) Authorized control level event means any of the following events: (a) The filing of a risk-based capital report by the insurer or health organization which indicates that the insurer's or health organization's total adjusted capital is greater than or equal to its mandatory c…
Neb. Rev. Stat. § 44-6019 Mandatory control level event.
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(1) Mandatory control level event means any of the following events: (a) The filing of a risk-based capital report which indicates that the insurer's or health organization's total adjusted capital is less than its mandatory control level risk-based capital; (b) The notification …
Neb. Rev. Stat. § 44-602 Over-insurance; procurement unlawful.
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It shall be unlawful for any party having an insurable interest in property located in this state to knowingly procure any fire insurance policy upon his interest in such property, for an amount in excess of the fair value of his interest in the property, or for an amount which, …
Neb. Rev. Stat. § 44-6020 Hearings.
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Upon any of the following notifications, the insurer or health organization shall have the right to a hearing pursuant to the Administrative Procedure Act at which the insurer or health organization may challenge any determination or action by the director: (1) Notification to an…
Neb. Rev. Stat. § 44-6021 Confidentiality and prohibition on announcements; prohibited uses.
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(1)(a) All risk-based capital reports, to the extent the information in the reports is not required to be set forth in a publicly available annual statement schedule and risk-based capital plans, including the results or reports of any examination or analysis of an insurer or a h…
Neb. Rev. Stat. § 44-6022 Supplemental provisions.
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(1) The provisions of the Insurers and Health Organizations Risk-Based Capital Act are supplemental to any other provisions of the laws of this state and shall not preclude or limit any other powers or duties of the director under such laws, including, but not limited to, the Neb…
Neb. Rev. Stat. § 44-6023 Foreign insurers or foreign health organization.
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(1) Any foreign insurer or foreign health organization shall, upon the written request of the director, submit to the director a risk-based capital report as of the end of the calendar year just ended not later than the later of: (a) The date a risk-based capital report would be …
Neb. Rev. Stat. § 44-6023.01 Immunity.
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There shall be no liability on the part of, and no cause of action shall arise against, the director, the Department of Insurance, or its employees or agents for any action taken by them in the performance of their powers and duties under the Insurers and Health Organizations Ris…
Neb. Rev. Stat. § 44-6024 Notices.
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All notices by the director to an insurer or a health organization which may result in regulatory action under the Insurers and Health Organizations Risk-Based Capital Act shall be effective upon dispatch if transmitted by registered or certified mail or, in the case of any other…
Neb. Rev. Stat. § 44-6025 Phase-in provision.
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For risk-based capital reports required to be filed by health organizations with respect to 1999 only, the following requirements shall apply in lieu of the provisions of sections 44-6016 to 44-6019: (1) In the event of a company action level event with respect to a domestic heal…
Neb. Rev. Stat. § 44-6026 Rules and regulations.
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The director may adopt and promulgate rules and regulations to carry out the Insurers and Health Organizations Risk-Based Capital Act.
Neb. Rev. Stat. § 44-603 Over-insurance; penalties.
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Every insurer who makes insurance upon any building or property or interest therein against loss or damage by fire, and every agent who issues a fire insurance policy covering any building or property or interest therein, and every insured who procures a policy of fire insurance …
Repealed. Laws 1989, LB 92, § 278.
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[Repealed or reserved.]
Repealed. Laws 1951, c. 141, § 1.
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[Repealed or reserved.]
Neb. Rev. Stat. § 44-606 Fire insurance; premium; policy must state.
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Every fire insurance policy must state on its face the amount of the premium.
Repealed. Laws 1957, c. 186, § 1.
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[Repealed or reserved.]