Chapter 44 — INSURANCE
2,728 sections in this chapter.
Neb. Rev. Stat. § 44-9007 Own risk and solvency assessment summary report; submission; contents; similar report accepted; when.
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(1) Upon the director's request, and no more than once each year, an insurer shall submit to the director an own risk and solvency assessment summary report or any combination of reports that together contain the information described in the own risk and solvency assessment guida…
Neb. Rev. Stat. § 44-9008 Act; exemptions; waiver; director; considerations; director; powers.
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(1) An insurer shall be exempt from the requirements of the Risk Management and Own Risk and Solvency Assessment Act if: (a) The insurer has annual direct written and unaffiliated assumed premium, including international direct and assumed premium but excluding premiums reinsured…
Neb. Rev. Stat. § 44-9009 Own risk and solvency assessment summary report; documentation and supporting information.
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(1) An own risk and solvency assessment summary report shall be prepared consistent with the own risk and solvency assessment guidance manual, subject to the requirements of subsection (2) of this section. Documentation and supporting information shall be maintained and made avai…
Neb. Rev. Stat. § 44-901 Act, how cited.
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Sections 44-901 to 44-925 shall be known and may be cited as the Privacy of Insurance Consumer Information Act.
Neb. Rev. Stat. § 44-9010 Confidentiality; director; powers; sharing and use of information; written agreement; contents.
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(1) Documents, materials, or other information, including the own risk and solvency assessment summary report, in the possession or control of the director that are obtained by, created by, or disclosed to the director or any other person under the Risk Management and Own Risk an…
Neb. Rev. Stat. § 44-9011 Failure to file own risk and solvency assessment summary report; penalty.
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Any insurer failing, without just cause, to timely file its own risk and solvency assessment summary report as required in the Risk Management and Own Risk and Solvency Assessment Act shall be required, after notice and hearing, to pay a penalty of not to exceed two hundred dolla…
Neb. Rev. Stat. § 44-902 Act; applicability.
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(1) The Privacy of Insurance Consumer Information Act governs the treatment of nonpublic personal health information and nonpublic personal financial information about individuals by all licensees of the Department of Insurance. The act: (a) Requires a licensee to provide notice …
Neb. Rev. Stat. § 44-903 Terms, defined.
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For purposes of the Privacy of Insurance Consumer Information Act: (1) Affiliate means any company that controls, is controlled by, or is under common control with another company; (2) Clear and conspicuous means that a notice is reasonably understandable and designed to call att…
Neb. Rev. Stat. § 44-904 Initial privacy notice to consumers; when required.
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(1) A licensee shall provide a clear and conspicuous notice that accurately reflects its privacy policies and practices to: (a) An individual who becomes the licensee's customer, not later than when the licensee establishes a customer relationship, except as provided in subsectio…
Neb. Rev. Stat. § 44-905 Annual privacy notice to consumers; when required.
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(1) A licensee shall provide a clear and conspicuous notice to customers that accurately reflects its privacy policies and practices not less than annually during the continuation of the customer relationship. For purposes of this subsection, annually means at least once in any p…
Neb. Rev. Stat. § 44-906 Privacy notices; requirements.
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(1) The initial, annual, and revised privacy notices that a licensee provides under sections 44-904, 44-905, and 44-908 shall include each of the following items of information, in addition to any other information the licensee wishes to provide, that applies to the licensee and …
Neb. Rev. Stat. § 44-907 Opt out notice and methods.
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(1) If a licensee is required to provide an opt out notice under subsection (1) of section 44-910, it shall provide a clear and conspicuous notice to each of its consumers that accurately explains the right to opt out under that section. The notice shall state: (a) That the licen…
Neb. Rev. Stat. § 44-908 Revised privacy notice; when required.
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(1) Except as otherwise authorized in the Privacy of Insurance Consumer Information Act, a licensee shall not, directly or through an affiliate, disclose any nonpublic personal financial information about a consumer to a nonaffiliated third party other than as described in the in…
Neb. Rev. Stat. § 44-909 Delivery; actual notice; when.
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(1) A licensee shall provide any notices that the Privacy of Insurance Consumer Information Act requires so that each consumer can reasonably be expected to receive actual notice in writing or, if the consumer agrees, electronically. (2)(a) A licensee may reasonably expect that a…
Neb. Rev. Stat. § 44-910 Disclosure of financial information to nonaffiliated third party; when.
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(1)(a) Except as otherwise authorized in the Privacy of Insurance Consumer Information Act, a licensee may not, directly or through any affiliate, disclose any nonpublic personal financial information about a consumer to a nonaffiliated third party unless: (i) The licensee has pr…
Neb. Rev. Stat. § 44-9101 Act, how cited.
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Sections 44-9101 to 44-9109 shall be known and may be cited as the Corporate Governance Annual Disclosure Act.
Neb. Rev. Stat. § 44-9102 Purposes of act.
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(1) The purposes of the Corporate Governance Annual Disclosure Act are to: (a) Provide the director a summary of an insurer’s or insurance group’s corporate governance structure, policies, and practices to permit the director to gain and maintain an understanding of the insurer’s…
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…