Chapter 44 — INSURANCE
2,728 sections in this chapter.
Neb. Rev. Stat. § 44-7507 Monitoring competition; determining competitive markets; hearing.
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(1) The director shall monitor competition and the availability of insurance in commercial insurance markets. Such monitoring may include requests for information from insurers regarding the lines, types, and classes of insurance that the insurer is seeking and able to write. Whe…
Neb. Rev. Stat. § 44-7508 Rating systems; filing requirements; hearing.
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(1) Each insurer to which this section applies as provided in section 44-7506 shall file with the director every rating system and every modification of such rating system that it chooses to use. No insurer shall issue a contract or policy except in accordance with the filings th…
Neb. Rev. Stat. § 44-7508.01 Policy forms and related rules of attachment; filing; contents; failure to file; effect.
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(1) All policy forms and related rules of attachment shall be filed with the director in accordance with section 44-7508.02, except that an insurer may at its option file policy forms and related rules of attachment in accordance with section 44-7513 and filings for the following…
Neb. Rev. Stat. § 44-7508.02 Policy forms; filing; director; powers and duties.
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(1) For policy forms to which this section applies as provided in section 44-7508.01, each insurer shall file with the director every policy form and related attachment rule and every modification thereof which it proposes to use. For policy forms to which this section applies, n…
Neb. Rev. Stat. § 44-7509 Premium adjustments.
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(1) For medical professional liability insurance and for insurance subject to section 44-7508, insurers may increase or decrease premiums on an individual risk basis up to forty percent based on any factor except: (a) The rate adjustment cannot be based upon the race, creed, nati…
Repealed. Laws 1989, LB 92, § 278.
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[Repealed or reserved.]
Neb. Rev. Stat. § 44-7510 Standards for rating systems and prospective loss costs for lines subject to prior approval.
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(1) Rating systems shall not produce premiums that are excessive. A premium level is excessive if it is likely to produce a profit that is unreasonably high for the insurance provided or if expenses are unreasonably high in relation to services rendered. In the evaluation of a pr…
Neb. Rev. Stat. § 44-7511 Rating systems; filing requirements for lines subject to prior approval; hearings.
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(1) Each insurer to which this section applies as provided in section 44-7506 shall file with the director every rating system and every modification of such rating system that it proposes to use. No insurer shall issue a contract or policy except in accordance with the filings t…
Repealed. Laws 2019, LB469, § 10.
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[Repealed or reserved.]
Neb. Rev. Stat. § 44-7513 Policy form filings.
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(1) Each insurer to which this section applies as provided in section 44-7508.01 shall file with the director every policy form and related attachment rule and every modification thereof which it proposes to use. No insurer to which this section applies shall issue a contract or …
Neb. Rev. Stat. § 44-7514 Policy form approval requirements applying to qualifying multistate commercial policyholder; exemption.
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(1) The policy form approval requirements set forth in section 44-7513 shall not apply to policies written for individual commercial risks of a qualifying multistate commercial policyholder. For the purposes of this section, a qualifying multistate commercial policyholder is an e…
Neb. Rev. Stat. § 44-7515 Exemption from the requirement for insurers to use filed rates and policy forms for certain commercial policyholders; eligibility for professional employer organizations.
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(1) The director shall adopt and promulgate rules and regulations to modify or eliminate requirements for insurers to use filed rates and policy forms for commercial policyholders under common ownership identified through the application of subsection (4) of this section. Unless …
Neb. Rev. Stat. § 44-7516 Use of nonadmitted insurers by exempt commercial policyholders.
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(1) The director shall adopt and promulgate rules and regulations to allow exempt commercial policyholders to be exempt from those provisions of sections 44-5510 and 44-5511 that require, as a condition for the purchase of insurance from a nonadmitted insurer, that applicants dem…
Neb. Rev. Stat. § 44-7516.01 Private passenger automobile liability policy; disclosure; requirements.
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(1) On and after July 1, 2002, no private passenger automobile liability policy shall be delivered, issued for delivery, or renewed with respect to any motor vehicle licensed in this state unless accompanied by a disclosure showing the location used to determine the rate charged …
Neb. Rev. Stat. § 44-7517 Information to be furnished insureds; hearing; appeal.
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Within a reasonable time after receiving a written request and after receiving payment of such reasonable charge as it may require, every insurer and advisory organization shall furnish all pertinent information to any insured affected by a rate, premium, or prospective loss cost…
Neb. Rev. Stat. § 44-7518 Advisory organizations and statistical agents; certificate of authority required; application; director; powers.
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(1) No advisory organization or statistical agent shall provide any service relating to insurance subject to the Property and Casualty Insurance Rate and Form Act, and no insurer shall use the services of such advisory organization or statistical agent for such purposes, unless t…
Neb. Rev. Stat. § 44-7519 Insurers, advisory organizations, and statistical agents; prohibited acts.
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(1) No insurer, advisory organization, or statistical agent shall attempt to monopolize or combine or conspire with any other person to monopolize an insurance market or to engage in a boycott, on a concerted basis, of an insurance market. (2) No insurer shall agree with any othe…
Repealed. Laws 1989, LB 92, § 278.
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[Repealed or reserved.]
Neb. Rev. Stat. § 44-7520 Advisory organizations and statistical agents; prohibited activities.
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Except as permitted in sections 44-7521 and 44-7522, no advisory organization or statistical agent shall compile, file, or distribute recommendations relating to rating systems that include profits, dividends, or expenses other than loss adjustment expenses.
Neb. Rev. Stat. § 44-7521 Statistical agents; authorized activities.
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A statistical agent may, for the lines of insurance for which it has been licensed: (1) Develop statistical plans including territorial and class definitions; (2) Collect and distribute statistical data from insurers or any other source; (3) Collect, compile, and publish past and…
Neb. Rev. Stat. § 44-7522 Advisory organizations; authorized activities.
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An advisory organization may, for the lines of insurance for which it has been licensed: (1) Engage in those activities enumerated in section 44-7521; (2) Prepare, file, and distribute prospective loss costs; (3) Prepare, file, and distribute manuals of rating rules, rating sched…
Neb. Rev. Stat. § 44-7523 Advisory organizations; general filing requirements applicable.
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Filings by an advisory organization of prospective loss costs, rating systems or policy forms and related attachment rules shall be subject to the provisions of the Property and Casualty Insurance Rate and Form Act applicable to filings generally. Rating system filings by an advi…
Neb. Rev. Stat. § 44-7524 Workers' compensation; uniform classification system required; premiums; how calculated.
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(1) Every workers' compensation insurer shall adhere to a uniform classification system and shall report its experience in accordance with statistical plans and other reporting requirements to ensure that data is combined for all insurers for the development of prospective loss c…
Neb. Rev. Stat. § 44-7525 Joint underwriting; joint reinsurance; requirements; director; powers.
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(1) Every joint underwriting pool or joint reinsurance pool shall file with the director a copy of its constitution, articles of incorporation, organization, agreement, or association, bylaws, and other rules and regulations governing its activities, a listing of its members, the…
Neb. Rev. Stat. § 44-7526 Examinations.
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(1) To ascertain compliance with the Property and Casualty Insurance Rate and Form Act, the director may, as often as is deemed to be expedient, make or cause to be made an examination of each advisory organization, statistical agent, joint underwriting pool, or joint reinsurance…
Neb. Rev. Stat. § 44-7527 Statistical data; collection and exchange; rules and regulations.
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(1) The director shall adopt and promulgate rules and regulations to assure that the experience of all insurers is provided to the director at least annually in such form and detail as is necessary to aid in effecting the purposes of the Property and Casualty Insurance Rate and F…
Neb. Rev. Stat. § 44-7528 Applicants unable to procure insurance; apportionment among insurers.
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Insurers may agree to the equitable apportionment among them of insurance to be afforded applicants who are in good faith entitled to but who are unable to procure such insurance through ordinary methods. Such insurers may agree on the use of policy forms, rating systems, and rea…
Neb. Rev. Stat. § 44-7529 False or misleading information; prohibited acts.
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No person shall willfully withhold information that will affect the forms applicable, dividends payable, or rates or premiums chargeable from the director or any statistical agent, advisory organization, or insurer. No person shall knowingly give false or misleading information t…
Repealed. Laws 1957, c. 188, § 22.
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[Repealed or reserved.]
Neb. Rev. Stat. § 44-7530 Violations; director; hearing; powers and duties.
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(1) Whenever the director has reason to believe that any person has violated any provision of the Property and Casualty Insurance Rate and Form Act, the director shall hold a hearing in accordance with section 44-7532. If, after such hearing, the director determines that the pers…
Neb. Rev. Stat. § 44-7531 Hearing; request.
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Any insurer, joint underwriting pool, joint reinsurance pool, statistical agent, or advisory organization aggrieved by any order or decision of the director made without a hearing may, within thirty days after notice of the order, make written request to the director for a hearin…
Neb. Rev. Stat. § 44-7532 Hearing; procedure.
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If a hearing is held at the request of a party other than the director, unless mutually agreed upon by the director and all interested parties, notice of hearing shall be provided within thirty days after the director's receipt of a written request for a hearing. Notice of hearin…
Neb. Rev. Stat. § 44-7533 Appeals.
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Any order or decision of the director made pursuant to the Property and Casualty Insurance Rate and Form Act may be appealed by any party in interest. The appeal shall be in accordance with the Administrative Procedure Act.
Neb. Rev. Stat. § 44-7534 Electronic filings and correspondence.
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The director may make reasonable arrangements and adopt and promulgate rules and regulations to allow or to facilitate the use of electronic media to make filings or to engage in correspondence required by the Property and Casualty Insurance Rate and Form Act.
Neb. Rev. Stat. § 44-7535 Rules and regulations.
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The director may adopt and promulgate rules and regulations to carry out the Property and Casualty Insurance Rate and Form Act. The rules and regulations shall not be effective prior to January 1, 2001.
Repealed. Laws 1989, LB 92, § 278.
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[Repealed or reserved.]
Neb. Rev. Stat. § 44-755 Industrial sickness and accident insurance, defined.
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The term industrial sickness and accident insurance as used herein means sickness and accident insurance under individual policies for which the premium is payable weekly, and includes any such policy which covers sickness only or accident only.
Neb. Rev. Stat. § 44-756 Industrial sickness and accident insurance; insurers authorized to write.
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Any insurer authorized to write sickness and accident insurance in this state shall have power to issue policies of industrial sickness and accident insurance.
Neb. Rev. Stat. § 44-757 Industrial sickness and accident insurance; required statement on policy.
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No policy of industrial sickness and accident insurance may be delivered or issued for delivery in this state unless it has printed thereon the words industrial policy.
Neb. Rev. Stat. § 44-758 Industrial sickness and accident insurance; standard provisions applicable; provisions prohibited; permissive provisions.
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Each policy of industrial sickness and accident insurance shall be subject to the provisions of sections 44-709 to 44-767, except that no such policy shall be required to contain any of the provisions set forth in sections 44-710.03 and 44-710.04. No such policy shall contain any…
Neb. Rev. Stat. § 44-759 Sickness and accident insurance on a franchise plan, defined.
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Sickness and accident insurance on a franchise plan is hereby declared to be that form of sickness and accident insurance issued to (1) five or more employees of any corporation, partnership, limited liability company, individual employer, or governmental corporation or agency or…
Neb. Rev. Stat. § 44-760 Group sickness and accident insurance, defined.
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Group sickness and accident insurance is hereby declared to be that form of sickness and accident insurance covering groups of persons, with or without their dependents, and issued upon the following basis: (1) Under a policy issued to an employer, who shall be deemed the policyh…
Neb. Rev. Stat. § 44-7601 Act, how cited.
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Sections 44-7601 to 44-7618 shall be known and may be cited as the Multiple Employer Welfare Arrangement Act.
Neb. Rev. Stat. § 44-7602 Legislative findings and intent.
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(1) The Legislature finds and declares that the United States Congress recognized multiple employer welfare arrangements as vehicles for offering traditional accident and health benefit programs through the Employee Retirement Income Security Act of 1974. Multiple employer welfar…
Neb. Rev. Stat. § 44-7603 Terms, defined.
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For purposes of the Multiple Employer Welfare Arrangement Act: (1) Certificate of registration means a document issued by the director authorizing a multiple employer welfare arrangement to offer a health benefit plan that is not fully insured; (2) Covered individual means (a) an…
Neb. Rev. Stat. § 44-7604 Health benefit plan; offer to self-employed individual or employer; restrictions.
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No multiple employer welfare arrangement may offer to a self-employed individual or to an employer that is domiciled in this state or that has its principal headquarters or principal administrative offices in this state a health benefit plan unless the health benefit plan is a fu…
Neb. Rev. Stat. § 44-7605 Certificate of registration; procedure.
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(1) A multiple employer welfare arrangement seeking to offer a health benefit plan that is not fully insured shall apply for a certificate of registration in a form prescribed by the director. The application shall be completed and submitted to the director together with a one-th…
Neb. Rev. Stat. § 44-7606 Association of participating employers or covered individuals; requirements.
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A multiple employer welfare arrangement may only be established and maintained by an association of participating employers or covered individuals who are self-employed individuals. The association shall not condition membership in the association, the amounts of dues or other pa…
Neb. Rev. Stat. § 44-7607 Trust required; when.
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(1) A multiple employer welfare arrangement offering a health benefit plan that is not fully insured shall establish a trust pursuant to a written trust agreement to hold all funds pertaining to the health benefit plan. The trust shall be operated by a board of trustees pursuant …
Neb. Rev. Stat. § 44-7608 Board of trustees; duties.
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The board of trustees of the multiple employer welfare arrangement as required by section 44-7607 shall: (1) Serve as a fiduciary of the trust; (2) Be responsible as plan administrator for all operations of the health benefit plan; (3) Have in effect rules of operation and financ…