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2,111 sections in this chapter.
Neb. Rev. Stat. § 44-1980 Applicability of act and laws.
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The Title Insurers Act shall apply to all persons engaged in the business of title insurance in this state. Except as otherwise expressly provided in the act and except when the context otherwise requires, all provisions of the laws of this state applying to insurance and insurer…
Neb. Rev. Stat. § 44-1981 Terms, defined.
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For purposes of the Title Insurers Act: (1) Abstract of title means a compilation in orderly arrangement of the materials and facts of record affecting the title to a specific piece of land, issued under a certificate certifying to the matters contained in such compilation; (2) A…
Neb. Rev. Stat. § 44-1982 Transaction of title insurance business; requirements.
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No person other than a domestic, foreign, or non-United-States title insurer organized on the stock plan and authorized under section 44-202 as a title insurer shall issue a title insurance policy or otherwise transact the business of title insurance in this state.
Neb. Rev. Stat. § 44-1983 Authorized activities of title insurers.
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Subject to the exceptions and restrictions contained in the Title Insurers Act, a title insurer shall have the power to: (1) Transact only title insurance business; and (2) Reinsure title insurance policies.
Neb. Rev. Stat. § 44-1984 Limitations on powers.
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(1) No insurer that transacts any line of business other than title insurance shall be eligible for the issuance or renewal of a certificate of authority to transact the business of title insurance in this state nor shall title insurance be transacted, underwritten, or issued by …
Neb. Rev. Stat. § 44-1985 Minimum capital and surplus requirements.
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Before being authorized to transact the business of title insurance in this state, a title insurer shall establish and maintain a minimum paid-in capital of not less than one million dollars and, in addition, paid-in initial surplus of at least one million dollars.
Neb. Rev. Stat. § 44-1986 Single risk limit.
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(1) The net retained liability of a title insurer for a single risk in regard to property, whether assumed directly or as reinsurance, shall not exceed the aggregate of fifty percent of surplus as regards policyholders plus the statutory premium reserve less the title insurer's i…
Neb. Rev. Stat. § 44-1987 Admitted asset standards.
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In determining the financial condition of a title insurer transacting the business of title insurance under the Title Insurers Act, the general investment provisions of the Insurers Investment Act shall apply, except that an investment in a title plant or title plants in an amoun…
Neb. Rev. Stat. § 44-1988 Reserves.
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(1) In determining the financial condition of a title insurer transacting the business of title insurance under the Title Insurers Act, the general provisions of the insurance laws of this state requiring the establishment of reserves sufficient to cover all known and unknown lia…
Neb. Rev. Stat. § 44-1989 Liquidation, dissolution, or insolvency.
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(1) The Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act shall apply to all title insurers subject to the Title Insurers Act except as otherwise provided in this section. In applying the provisions of the Nebraska Insurers Supervision, Rehabilitation, and Liquid…
Neb. Rev. Stat. § 44-1990 Restrictions on dividends.
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A title insurer shall only declare or distribute a dividend to shareholders without the prior written approval of the director as would be permitted under section 44-2134 for insurers other than life insurers.
Neb. Rev. Stat. § 44-1991 Diversification requirement.
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(1) Without the prior written approval of the director, a domestic title insurer shall not accept: (a) Additional title insurance business from a title insurance agent that is not affiliated with the title insurer if, when added to other title insurance business written through t…
Neb. Rev. Stat. § 44-1992 Title insurance commitment; notice.
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(1) When a title insurance commitment includes an offer to issue an owner's title insurance policy covering the resale of owner-occupied residential property, the title insurance commitment shall be furnished to the purchaser-mortgagor or its representative as soon as reasonably …
Neb. Rev. Stat. § 44-1993 Duties of title insurers utilizing the services of title insurance agents; liability.
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(1) A title insurer shall not accept title insurance business from a title insurance agent unless there is in force a written contract between the parties which sets forth the responsibilities of each party and, when both parties share responsibility for a particular function, sp…
Neb. Rev. Stat. § 44-1994 Conditions for maintaining escrow and security deposit accounts.
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(1)(a) A title insurer may operate as an escrow, security, settlement, or closing agent subject to the requirements of subdivisions (b) through (e) of this subsection. (b) All funds deposited with the title insurer in connection with an escrow, security deposit, settlement, or cl…
Neb. Rev. Stat. § 44-1995 Prohibition of rebate and fee splitting.
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A title insurer 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 insurer.
Neb. Rev. Stat. § 44-1996 Favored agent of title insurer.
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A title insurer 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 understan…
Neb. Rev. Stat. § 44-1997 Premium rate filings and standards.
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(1) No title insurer may charge any rates regulated by the state after September 13, 1997, except in accordance with the premium rate schedule and manual filed with and approved by the director in accordance with applicable statutes and rules and regulations governing rate filing…
Neb. Rev. Stat. § 44-1998 Form filing.
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(1)(a) A title insurer or rate service organization shall not deliver or issue for delivery or permit any of its title insurance agents to deliver in this state any form, in connection with title insurance business written, unless it has been filed with the director and approved …
Neb. Rev. Stat. § 44-1999 Filing by rate service organization.
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(1) A title insurer or title insurance agent may satisfy its obligation to file premium rates, rating manuals, and forms as required by the Title Insurers Act by becoming a member of, or a subscriber to, a rate service organization, organized and licensed under the insurance laws…
Neb. Rev. Stat. § 44-2001 Act; purpose.
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The purpose of the Unauthorized Insurers Act is to subject certain insurers to the jurisdiction of the Department of Insurance and the courts of this state in administrative proceedings and in suits by or on behalf of the state. The Legislature declares that it is concerned with …
Neb. Rev. Stat. § 44-2002 Certificate of authority; required; exceptions.
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(1) It shall be unlawful for any insurer to transact insurance business in this state, as set forth in subsection (2) of this section, without a certificate of authority from the director. This section shall not apply to: (a) The lawful transaction of surplus lines insurance; (b)…
Neb. Rev. Stat. § 44-2003 Certificate of authority; failure to procure; violation; injunction; cease and desist order; appeal.
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(1) Whenever the Director of Insurance believes, from evidence satisfactory to him or her, that any insurer is violating or about to violate section 44-2002, the director may, through the Attorney General, cause a complaint to be filed in the district court to enjoin and restrain…
Neb. Rev. Stat. § 44-2004 Personal jurisdiction.
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Any act of transacting an insurance business as set forth in section 44-2002 by any unauthorized insurer shall constitute sufficient contact with this state for the exercise of personal jurisdiction over such insurer in any action, suit, or proceeding in any court by the Director…
Neb. Rev. Stat. § 44-2005 Unauthorized insurer; court action; requirements.
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(1) Before any unauthorized insurer files or causes to be filed any pleading or other response in any court action, suit, or proceeding or in any such administrative proceeding before the Director of Insurance instituted against such person or insurer, by services made as provide…
Neb. Rev. Stat. § 44-2006 Attorney General; powers; terms, defined.
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The Attorney General upon request of the Director of Insurance may proceed in the courts of this state or any reciprocal state to enforce an order or decision in any court proceeding or in any administrative proceeding before the director. (1) As used in this section: (a) Recipro…
Neb. Rev. Stat. § 44-2007 Violations; penalty.
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Any unauthorized insurer who transacts any unauthorized act of an insurance business as set forth in sections 44-2001 to 44-2008 shall be guilty of a Class I misdemeanor.
Neb. Rev. Stat. § 44-2008 Act, how cited.
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Sections 44-2001 to 44-2008 shall be known and may be cited as the Unauthorized Insurers Act.
Neb. Rev. Stat. § 44-2009 Act, how cited.
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Sections 44-2009 to 44-2013 shall be known and may be cited as the Unauthorized Insurers Process Act.
Neb. Rev. Stat. § 44-201 Insurance; lines; enumerated.
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An insurance corporation may be formed for the following purposes or may insure the following lines: (1) LIFE INSURANCE. Insurance upon lives of persons, including endowments and annuities, and every insurance pertaining thereto and disability benefits, except that life insurance…
Neb. Rev. Stat. § 44-201.01 Certificate of authority; lines of insurance; director; duties.
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Any insurance company which is, on August 25, 1989, the holder of a valid certificate of authority issued by the Department of Insurance in effect immediately prior to such date may, on and after such date, subject to compliance with Chapter 44 and the rules and regulations of th…
Neb. Rev. Stat. § 44-2010 Act; legislative purpose.
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The purpose of the Unauthorized Insurers Process Act is to subject certain insurers to the jurisdiction of courts of this state in suits by or on behalf of insureds or beneficiaries under insurance contracts. The Legislature declares that it is a subject of concern that many resi…
Neb. Rev. Stat. § 44-2011 Unauthorized insurers; personal jurisdiction.
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Any of the following systematic or continuous acts in this state, effected by mail or otherwise, by an unauthorized foreign or alien insurer: (1) The issuance or delivery of contracts of insurance to residents of this state or to corporations authorized to do business therein, (2…
Neb. Rev. Stat. § 44-2012 Action; attorney fee; allowance.
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In any action against an unauthorized foreign or alien insurer upon a contract of insurance issued or delivered in this state to a resident thereof or to a corporation authorized to do business therein, if the insurer has failed for thirty days after demand prior to the commencem…
Neb. Rev. Stat. § 44-2013 Act; applicability.
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The Unauthorized Insurers Process Act shall not apply to any action, suit, or proceeding against any nonadmitted foreign or alien insurer arising out of any contract of insurance (1) effected in accordance with the Surplus Lines Insurance Act, (2) covering reinsurance, ocean mari…
Neb. Rev. Stat. § 44-202 Insurance companies; organization; businesses authorized.
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(1) Companies may be formed upon the stock or mutual plan to transact any line or lines of insurance authorized by section 44-201, upon the assessment plan to transact any line or lines of insurance specified in subdivisions (4), (5), (7), and (18) of such section, or upon the fr…
Neb. Rev. Stat. § 44-202.01 Insurance companies; licensed on August 25, 1989; continuance of authority.
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An insurer holding a valid certificate of authority to transact insurance in this state immediately prior to August 25, 1989, may continue to be authorized to transact the same lines of insurance permitted by such certificate of authority by maintaining thereafter the same amount…
Neb. Rev. Stat. § 44-203 Insurance companies; lines of insurance; authorized.
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Except as provided in section 44-1984, a company may be formed or an existing company may be authorized to transact any one or more of the lines of insurance specified in section 44-201.
Neb. Rev. Stat. § 44-205 Insurance companies; formation; articles of incorporation; filing.
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Five or more natural persons may act as incorporators of an insurance corporation. The articles of incorporation shall be signed by each incorporator and delivered to the Department of Insurance for approval or disapproval, and if approved and found by it to be in accordance with…
Neb. Rev. Stat. § 44-205.01 Articles of incorporation; contents.
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(1) The articles of incorporation filed pursuant to section 44-205 shall state (a) the corporate name, which shall not so nearly resemble the name of an existing corporation as, in the opinion of the Director of Insurance, will mislead the public or cause confusion, (b) the place…
Neb. Rev. Stat. § 44-206 Insurance companies; formation; notice; publication.
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Within the earlier of thirty days after receiving the certificate of authority to transact business or four months after filing its articles of incorporation, such corporation shall publish a notice in some legal newspaper, which notice shall contain the same information, as far …
Neb. Rev. Stat. § 44-207 Insurance companies; formation; executive officers; qualifications.
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Insurance companies hereafter organizing under the laws of this state are required to have as their executive officers persons who are known to be capable of running the affairs of an insurance company. The requirements shall consist of good character and known business ability, …
Neb. Rev. Stat. § 44-208 Insurance companies; stock distribution and sale; compensation; limitation; statement.
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No domestic insurance company shall issue, cause, or allow to be issued any stock or stock subscriptions at any time upon which all expenses of distribution and sale, including promotion, commissions, and underwriting fees, exceed ten percent of the amount paid in money upon such…
Neb. Rev. Stat. § 44-208.01 Insurance companies; organization; filings required.
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(1) In addition to the statement required by section 44-208 of persons incorporating stock companies, the incorporators of all domestic stock, mutual, and assessment insurers shall file with the Department of Insurance (a) copies of the proposed bylaws, (b) forms of subscriptions…
Neb. Rev. Stat. § 44-208.02 Insurance companies; organization; subscriptions to stock; permit.
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If the Director of Insurance approves the forms of subscriptions for capital stock or the forms of application for membership or for insurance, the corporate surety on the bond required by section 44-208.01, and, in the case of stock insurers, the application to solicit subscript…
Neb. Rev. Stat. § 44-208.03 Insurance companies; organization; solicitors; written contract required; filing.
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No person shall solicit subscriptions for the capital stock of, or applications for membership or for insurance in any corporation in the process of organization, unless he has entered into a written contract with the corporation and a certificate of his authority, signed by at l…
Neb. Rev. Stat. § 44-208.04 Insurance companies; organization; promotion expense; subscription, required stipulations.
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Every subscription to the capital stock of a corporation in the process of organization shall contain a stipulation that no sum shall be used for promotion or organization expense in excess of a stated percent of the amount paid upon the subscription. Such sum shall in no event e…
Neb. Rev. Stat. § 44-208.05 Insurance companies; organization; failure to complete; proceedings authorized.
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(1) If a corporation does not qualify for a certificate of authority within one year from the date it receives its permit to complete its organization or if an agent of the corporation employed to solicit subscriptions or applications has violated the insurance laws of the state,…
Neb. Rev. Stat. § 44-208.06 Insurance companies; shares of stock; sale in excess of subscription price, limitation.
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Until a certificate of authority is issued to a corporation to transact business on the stock plan and for three years thereafter, no shares of stock shall be issued by the corporation or sold or transferred by the promoters, incorporators, or other persons engaged in soliciting …
Neb. Rev. Stat. § 44-208.07 Insurance companies; organization; rules and regulations.
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The Director of Insurance shall have authority to adopt and promulgate rules and regulations to regulate all other matters in connection with the organization of domestic insurers for the purpose of protecting the public or preventing fraud.