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2,111 sections in this chapter.
Neb. Rev. Stat. § 44-9103 Terms, defined.
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For purposes of the Corporate Governance Annual Disclosure Act: (1) Corporate governance annual disclosure means a confidential report filed by an insurer or insurance group made in accordance with the requirements of the Corporate Governance Annual Disclosure Act; (2) Director m…
Neb. Rev. Stat. § 44-9104 Corporate governance annual disclosure; submission to director; review; cross reference to other documents.
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(1) An insurer, or the insurance group of which the insurer is a member, shall, no later than June 1 of each calendar year, submit to the director a corporate governance annual disclosure that contains the information described in section 44-9105. Notwithstanding any request from…
Neb. Rev. Stat. § 44-9105 Corporate governance annual disclosure; contents; request for additional information.
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The corporate governance annual disclosure shall be prepared in a manner prescribed by the director. The insurer or insurance group shall have discretion over the responses to the corporate governance annual disclosure inquiries, except that the corporate governance annual disclo…
Neb. Rev. Stat. § 44-9106 Documents, materials, and other information; proprietary and trade secrets; confidential; use by director; director; powers.
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(1) Documents, materials, or other information, including the corporate governance annual disclosure, in the possession or control of the Department of Insurance that are obtained by, created by, or disclosed to the director or any other person under the Corporate Governance Annu…
Neb. Rev. Stat. § 44-9107 Review of corporate governance annual disclosure; third-party consultants; National Association of Insurance Commissioners; written agreement; contents.
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(1) The director may retain, at the insurer's expense, third-party consultants, including attorneys, actuaries, accountants, and other experts not otherwise a part of the director's staff, as may be reasonably necessary to assist the director in reviewing the corporate governance…
Neb. Rev. Stat. § 44-9108 Failure to file corporate governance annual disclosure; forfeiture; suspension of certificate of authority.
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Any insurer failing, without just cause, to timely file the corporate governance annual disclosure as required in the Corporate Governance Annual Disclosure Act shall forfeit fifty dollars each day thereafter such failure continues. The maximum forfeit shall not exceed ten thousa…
Neb. Rev. Stat. § 44-9109 Rules and regulations.
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The director may adopt and promulgate rules and regulations to carry out the Corporate Governance Annual Disclosure Act.
Neb. Rev. Stat. § 44-911 Redisclosure and reuse of financial information; when.
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(1) If a licensee receives nonpublic personal financial information from a nonaffiliated financial institution under an exception in section 44-914 or 44-915, the licensee's disclosure and use of that information is limited as follows: (a) The licensee may disclose the informatio…
Neb. Rev. Stat. § 44-912 Policy number; disclosure; when.
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(1) A licensee shall not, directly or through an affiliate, disclose, other than to a consumer reporting agency, a policy number or similar form of access number or access code for a consumer's policy or transaction account to any nonaffiliated third party for use in telemarketin…
Neb. Rev. Stat. § 44-913 Opt out exception for service providers and joint marketing.
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(1)(a) The opt out requirements in sections 44-907 and 44-910 do not apply when a licensee provides nonpublic personal financial information to a nonaffiliated third party to perform services for the licensee or functions on the licensee's behalf, if the licensee: (i) Provides th…
Neb. Rev. Stat. § 44-914 Notice and opt out exception for processing and servicing transactions.
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(1) The requirements for initial notice in subdivision (1)(b) of section 44-904, the opt out in sections 44-907 and 44-910, and service providers and joint marketing in section 44-913 do not apply if the licensee discloses nonpublic personal financial information as necessary to …
Neb. Rev. Stat. § 44-915 Notice and opt out requirements; additional exceptions.
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The requirements for initial notice to consumers in subdivision (1)(b) of section 44-904, the opt out in sections 44-907 and 44-910, and service providers and joint marketing in section 44-913 do not apply when a licensee discloses nonpublic personal financial information: (1) Wi…
Neb. Rev. Stat. § 44-916 Disclosure of health information; authorization required; when.
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(1) On and after January 1, 2003, a licensee shall not disclose nonpublic personal health information about a consumer or customer unless an authorization is obtained from the consumer or customer whose nonpublic personal health information is sought to be disclosed. (2) Nothing …
Neb. Rev. Stat. § 44-917 Authorization; requirements.
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(1) A valid authorization to disclose nonpublic personal health information pursuant to sections 44-916 to 44-920 shall be in written or electronic form and shall contain all of the following: (a) The identity of the consumer or customer who is the subject of the nonpublic person…
Neb. Rev. Stat. § 44-918 Authorization request; delivery requirements.
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A request for authorization and an authorization form may be delivered to a consumer or a customer as part of an opt out notice pursuant to section 44-909 if the request and the authorization form are clear and conspicuous. An authorization form is not required to be delivered to…
Neb. Rev. Stat. § 44-919 Relationship to federal rules.
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Irrespective of whether a licensee is subject to the federal Health Insurance Portability and Accountability Act privacy rule as promulgated by the United States Department of Health and Human Services, if a licensee complies with all requirements of the federal rule except for i…
Neb. Rev. Stat. § 44-920 Relationship to state laws.
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Nothing in sections 44-916 to 44-920 shall preempt or supersede existing state law related to medical records or health or insurance information privacy.
Neb. Rev. Stat. § 44-9201 Act, how cited.
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Sections 44-9201 to 44-9219 shall be known and may be cited as the Public Adjusters Licensing Act.
Neb. Rev. Stat. § 44-9202 Purpose of act.
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The purpose of the Public Adjusters Licensing Act is to govern the qualifications and procedures for licensing public adjusters in this state and to specify the duties of and restrictions on public adjusters, including limitation of such licensure to assisting only insureds with …
Neb. Rev. Stat. § 44-9203 Terms, defined.
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As used in the Public Adjusters Licensing Act, unless the context otherwise requires: (1) Business entity means a corporation, association, partnership, limited liability company, limited liability partnership, or any other legal entity; (2) Catastrophic disaster means an event d…
Neb. Rev. Stat. § 44-9204 License required; exceptions.
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(1) A person shall not operate as or represent that such person is a public adjuster in this state unless such person is licensed as a public adjuster in accordance with the Public Adjusters Licensing Act. (2) A public adjuster shall not misrepresent to any insured that such publ…
Neb. Rev. Stat. § 44-9205 Resident public adjuster license; application; qualifications; fee; examination.
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An individual applying for a resident public adjuster license shall make application to the director on the uniform individual application and declare under penalty of denial, suspension, or revocation of the license that the statements made in the application are true, correct, …
Neb. Rev. Stat. § 44-9206 Nonresident public adjuster license; application; qualifications; fee; director; verify status; termination of license; when.
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(1) An individual applying for a nonresident public adjuster license shall make application to the director in the manner prescribed by the director and declare under penalty of denial, suspension, or revocation of the license that the statements made in the application are true,…
Neb. Rev. Stat. § 44-9207 Business entity acting as public adjuster; license; application; qualifications; fee; director; powers.
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(1) A business entity acting as a public adjuster in this state is required to obtain a public adjuster license and shall make application to the director on the uniform business entity application and declare under penalty of denial, suspension, or revocation of the license that…
Neb. Rev. Stat. § 44-9208 Examination; fee.
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(1) An individual applying for a resident public adjuster license shall pass a written examination, unless exempt pursuant to section 44-9209. Such examination shall test the knowledge of the individual concerning the duties and responsibilities of a public adjuster and the insur…
Neb. Rev. Stat. § 44-9209 Exemption from examination.
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(1) An individual who moves to this state, was previously licensed as a public adjuster in another state based on a public adjuster examination, and applies for a resident public adjuster license in this state within ninety days of establishing legal residence shall not be requir…
Neb. Rev. Stat. § 44-921 Relationship to federal Fair Credit Reporting Act.
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Nothing in the Privacy of Insurance Consumer Information Act shall be construed to modify, limit, or supersede the operation of 15 U.S.C. 1681 et seq., as such section existed on April 5, 2001, and no inference shall be drawn on the basis of the provisions of the act regarding wh…
Neb. Rev. Stat. § 44-9210 Individual; issuance of license; expiration; renewal; fee; lapsed license; reinstatement; business entity; license; expiration; renewal; fee; lapsed license; reinstatement; license; contents; licensee; duties; director; powers; renewal procedures.
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(1)(a) An individual who meets the requirements for a resident public adjuster license shall be issued such license. An individual who meets the requirements for a nonresident public adjuster license shall be issued such license. (b) Each resident public adjuster license and each…
Neb. Rev. Stat. § 44-9211 Director; powers; nonrenewal or denial of application; notice; hearing; administrative fine; director; enforce act.
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(1) The director may suspend, revoke, or refuse to issue or renew a resident public adjuster license, nonresident public adjuster license, or business entity public adjuster license or may levy an administrative fine in accordance with subsection (4) of this section, or any combi…
Neb. Rev. Stat. § 44-9212 Financial responsibility; surety bond; director; powers.
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(1) Prior to the issuance of a resident public adjuster license or a nonresident public adjuster license and for the duration of such license, an applicant shall secure evidence of financial responsibility in a format prescribed by the director through a surety bond. The surety b…
Neb. Rev. Stat. § 44-9213 Continuing education.
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(1) Except as otherwise provided in this section, an individual who holds a resident public adjuster license or a nonresident public adjuster license shall satisfactorily complete a minimum of twenty-four credits of continuing education, including three credits of ethics, reporte…
Neb. Rev. Stat. § 44-9214 Contracts; contents; prohibited terms; separate disclosure document; public adjuster; duties; written notice of rights; right to rescind.
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(1) Public adjusters shall ensure that all contracts for their services are in writing and contain the following terms: (a) Legible full name of the public adjuster signing the contract, as specified in director records; (b) Home state, business address, and telephone number; (c)…
Neb. Rev. Stat. § 44-9215 Escrow account.
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A public adjuster who receives, accepts, or holds, on behalf of an insured, any funds toward the settlement of a claim for loss or damage shall deposit the funds in a non-interest-bearing escrow account in a financial institution that is insured by an agency of the federal govern…
Neb. Rev. Stat. § 44-9216 Records; contents; retention; inspection.
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(1) A public adjuster shall maintain a complete record of each transaction as a public adjuster. The records required by this section shall include the following: (a) The name of the insured; (b) The date, location, and amount of the loss; (c) A copy of the contract between the p…
Neb. Rev. Stat. § 44-9217 Public adjuster; loyalty; prohibited acts.
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(1) A public adjuster shall serve with objectivity and complete loyalty to the interest of the insured and shall, in good faith, render to the insured such information, counsel, and service, as within the knowledge, understanding, and opinion of such public adjuster will best ser…
Neb. Rev. Stat. § 44-9218 Fee; catastrophic fees.
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(1) A public adjuster may charge the insured a reasonable fee for public adjuster services. (2) A person shall not accept a commission, service fee, or other valuable consideration for investigating or settling claims in this state if that person is required to be licensed under …
Neb. Rev. Stat. § 44-9219 Rules and regulations.
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The director may adopt and promulgate rules and regulations to carry out the Public Adjusters Licensing Act.
Neb. Rev. Stat. § 44-922 Discrimination; prohibited.
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(1) A licensee shall not unfairly discriminate against any consumer or customer because that consumer or customer has opted out from the disclosure of his or her nonpublic personal financial information pursuant to the Privacy of Insurance Consumer Information Act. (2) A licensee…
Neb. Rev. Stat. § 44-923 Unfair trade practice.
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In addition to any other remedies available under the laws of this state, each violation of the Privacy of Insurance Consumer Information Act and any rules and regulations adopted and promulgated under the act shall be an unfair trade practice in the business of insurance subject…
Neb. Rev. Stat. § 44-924 Rules and regulations.
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(1) The director may adopt and promulgate rules and regulations to carry out the Privacy of Insurance Consumer Information Act. (2) The director may adopt and promulgate rules and regulations to establish standards that licensees must meet in the development and implementation of…
Neb. Rev. Stat. § 44-925 Compliance with act; required; when.
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(1) By July 1, 2001, a licensee shall provide an initial notice, as required by section 44-904, to consumers who are the licensee's customers on July 1, 2001, with regard to nonpublic personal financial information. (2) Until July 1, 2002, a contract that a licensee has entered i…
Neb. Rev. Stat. § 44-9301 Act, how cited.
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Sections 44-9301 to 44-9310 shall be known and may be cited as the Travel Insurance Act.
Neb. Rev. Stat. § 44-9302 Act; purpose; applicability of provisions.
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(1) The purpose of the Travel Insurance Act is to promote the public welfare by creating a comprehensive legal framework within which travel insurance may be sold in this state. (2) The requirements of the Travel Insurance Act shall apply to travel insurance that covers any resid…
Neb. Rev. Stat. § 44-9303 Terms, defined.
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For purposes of the Travel Insurance Act, unless the context otherwise requires: (1) Aggregator site means a website that provides access to information regarding insurance products from more than one insurer, including product and insurer information, for use in comparison shopp…
Neb. Rev. Stat. § 44-9304 License or registration required; limited lines travel insurance producer license; issuance; travel retailer; permitted activities; conditions; director; powers.
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(1) No person may act as a limited lines travel insurance producer or travel retailer unless such person holds the appropriate license or registration as required by the Travel Insurance Act. (2) The department may issue a limited lines travel insurance producer license to an ind…
Neb. Rev. Stat. § 44-9305 Premium tax; documentation; reporting.
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(1) A travel insurer shall pay premium tax, as provided in Chapter 77, article 9, on travel insurance premiums paid by: (a) An individual primary policyholder who is a resident of this state; (b) A primary certificate holder who is a resident of this state and elects coverage und…
Neb. Rev. Stat. § 44-9306 Travel protection plans; conditions.
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Travel protection plans may be offered for one price for the combined features that the travel protection plan offers in this state if: (1) Such plans clearly disclose to the consumer, at or prior to the time of purchase, that the plans include travel insurance, travel assistance…
Neb. Rev. Stat. § 44-9307 Unfair Insurance Trade Practices Act; applicability; unfair trade practices.
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(1) All persons offering travel insurance to residents of this state are subject to the Unfair Insurance Trade Practices Act except as otherwise provided in this section. In the event of a conflict between the Travel Insurance Act and other provisions of the insurance laws of thi…
Neb. Rev. Stat. § 44-9308 Travel administrator; requirements; responsibilities.
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(1) No person shall act as or represent that such person is a travel administrator for travel insurance in this state unless such person: (a) Is a licensed property and casualty insurance producer in this state for activities permitted under such producer license; (b) Holds a val…
Neb. Rev. Stat. § 44-9309 Travel insurance; classified as inland marine line of insurance; form; standards.
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(1) Travel insurance shall be classified and filed for purposes of rates and forms under an inland marine line of insurance, however, travel insurance that provides coverage for sickness, accident, disability, or death occurring during travel, either exclusively, or in conjunctio…