Chapter 44 — INSURANCE
2,728 sections in this chapter.
Repealed. Laws 1973, LB 349, § 16.
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[Repealed or reserved.]
Repealed. Laws 1973, LB 349, § 16.
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[Repealed or reserved.]
Repealed. Laws 1973, LB 349, § 16.
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[Repealed or reserved.]
Repealed. Laws 1973, LB 349, § 16.
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[Repealed or reserved.]
Repealed. Laws 1973, LB 349, § 16.
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[Repealed or reserved.]
Repealed. Laws 1973, LB 349, § 16.
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[Repealed or reserved.]
Repealed. Laws 1973, LB 349, § 16.
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[Repealed or reserved.]
Repealed. Laws 1973, LB 349, § 16.
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[Repealed or reserved.]
Repealed. Laws 1973, LB 349, § 16.
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[Repealed or reserved.]
Neb. Rev. Stat. § 44-152 Domestic company; refusal of another state or country to license; retaliatory action.
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Whenever it appears to the Director of Insurance that permission to transact business within any state of the United States or within any foreign country is refused to a company organized under the laws of this state after a certificate of compliance has been issued to the compan…
Repealed. Laws 1973, LB 349, § 16.
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[Repealed or reserved.]
Neb. Rev. Stat. § 44-1521 Act, how cited.
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Sections 44-1521 to 44-1535 shall be known and may be cited as the Unfair Insurance Trade Practices Act.
Neb. Rev. Stat. § 44-1522 Purpose of act.
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The purpose of the Unfair Insurance Trade Practices Act is to regulate unfair trade practices in the business of insurance, in accordance with the intent of the Congress of the United States as expressed in Public Law 79-15, by defining, or providing for the determination of, all…
Neb. Rev. Stat. § 44-1523 Terms, defined.
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For purposes of the Unfair Insurance Trade Practices Act: (1) Customer means an individual who purchases, applies to purchase, or is solicited to purchase an insurance product primarily for personal, family, or household purposes; (2) Department means the Department of Insurance;…
Neb. Rev. Stat. § 44-1524 Unfair trade practice; prohibited acts.
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It shall be an unfair trade practice in the business of insurance for any insurer, health insurance lead generator, or person engaged in the business of insurance to commit any act or practice defined in section 44-1525 if the act or practice (1) is committed flagrantly and in co…
Neb. Rev. Stat. § 44-1525 Unfair trade practices; enumerated.
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Any of the following acts or practices, if committed in violation of section 44-1524, shall be an unfair trade practice in the business of insurance: (1) Making, issuing, circulating, or causing to be made, issued, or circulated an estimate, illustration, circular, statement, sal…
Neb. Rev. Stat. § 44-1526 Lender or creditor; prohibited acts; director; powers.
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(1) No person who lends money or extends credit shall: (a) Require, as a condition precedent to the lending of money or extension of credit or any renewal thereof, that the borrower, mortgagor, or purchaser to whom such money or credit is extended or whose obligation the creditor…
Neb. Rev. Stat. § 44-1527 Director; investigatory powers; costs.
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The director may examine and investigate the affairs of every insurer or health insurance lead generator doing business in this state in order to determine whether such insurer or health insurance lead generator has been, or is, engaged in an unfair trade practice as defined in s…
Neb. Rev. Stat. § 44-1528 Practices; hearings; witnesses; appearances; production of books; service of process.
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(1) Whenever the director has reason to believe that an insurer, health insurance lead generator, or person has engaged, or is engaging, in this state in any unfair trade practice whether or not defined in the Unfair Insurance Trade Practices Act and that a proceeding in respect …
Neb. Rev. Stat. § 44-1529 Cease and desist order; monetary penalty; suspension or revocation of license or certificate.
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If, after the hearing, the director finds that the insurer, health insurance lead generator, or person charged has engaged in an unfair trade practice, the director shall reduce the findings to writing and shall issue and cause to be served upon the insurer, health insurance lead…
Repealed. Laws 1989, LB 92, § 278.
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[Repealed or reserved.]
Neb. Rev. Stat. § 44-1530 Appeals.
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(1) Any insurer, health insurance lead generator, or person subject to an order of the director under section 44-1529 or 44-1532 may appeal the order. The appeal shall be in accordance with the Administrative Procedure Act. (2) An order issued by the director under section 44-152…
Neb. Rev. Stat. § 44-1531 Intervenor; appeal.
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If, after any hearing as provided by section 44-1528 or 44-1532, the report of the director does not charge a violation of the Unfair Insurance Trade Practices Act, then any intervenor as provided by section 44-1528 may, within ten days after the service of such report, appeal th…
Neb. Rev. Stat. § 44-1532 Cease and desist orders; violations.
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Any insurer, health insurance lead generator, or person violating a cease and desist order of the director under section 44-1529 may after notice and hearing and upon order of the director be subject to: (1) A monetary penalty of not more than thirty thousand dollars for each vio…
Neb. Rev. Stat. § 44-1533 Rules and regulations.
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The director may adopt and promulgate rules and regulations to carry out the Unfair Insurance Trade Practices Act.
Neb. Rev. Stat. § 44-1534 Director; additional powers.
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The powers vested in the director by the Unfair Insurance Trade Practices Act shall be additional to any other powers to enforce any penalties, fines, or forfeitures authorized by law with respect to the acts and practices defined and determined by such act to be unfair.
Neb. Rev. Stat. § 44-1534.01 Director; power to protect members of the United States Armed Forces; rules and regulations.
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The Director of Insurance may adopt and promulgate rules and regulations to protect members of the United States Armed Forces from dishonest and predatory insurance sales practices by declaring certain identified practices to be false, misleading, deceptive, or unfair as required…
Neb. Rev. Stat. § 44-1535 Immunity from prosecution; when.
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If any person asks to be excused from attending and testifying or from producing any books, papers, records, correspondence, or other documents at any hearing on the ground that the testimony or evidence required may tend to incriminate the person or subject the person to a penal…
Neb. Rev. Stat. § 44-1536 Act, how cited.
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Sections 44-1536 to 44-1544 shall be known and may be cited as the Unfair Insurance Claims Settlement Practices Act.
Neb. Rev. Stat. § 44-1537 Purpose of act.
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The purpose of the Unfair Insurance Claims Settlement Practices Act is to set forth standards for the investigation and disposition of claims arising under policies issued to residents of this state.
Neb. Rev. Stat. § 44-1538 Terms, defined.
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(1) For purposes of the Unfair Insurance Claims Settlement Practices Act: (a) Director shall mean the Director of Insurance; (b) Insured shall mean the party named on a policy or certificate as the individual with legal rights to the benefits provided by such policy or certificat…
Neb. Rev. Stat. § 44-1539 Unfair claims settlement practice; conduct prohibited.
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It shall be an unfair claims settlement practice for any domestic, foreign, or alien insurer transacting business in this state to commit an act or practice defined in section 44-1540 if the act or practice (1) is committed flagrantly and in conscious disregard of the Unfair Insu…
Neb. Rev. Stat. § 44-154 Director; information; disclosure; confidentiality; privilege.
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(1) Unless otherwise expressly prohibited by Chapter 44, the director may: (a) Share documents, materials, or other information, including otherwise confidential and privileged documents, materials, or information, with other state, federal, foreign, and international regulatory …
Neb. Rev. Stat. § 44-1540 Unfair claims settlement practice; acts and practices prohibited.
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Any of the following acts or practices by an insurer, if committed in violation of section 44-1539, shall be an unfair claims settlement practice: (1) Knowingly misrepresenting to claimants and insureds relevant facts or policy provisions relating to coverages at issue; (2) Faili…
Neb. Rev. Stat. § 44-1541 Director; charges against insurer; notice; hearing.
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If the director finds that any insurer doing business in this state is engaging in any unfair claims settlement practice and that a proceeding in respect thereto would be in the public interest, he or she shall issue and serve upon such insurer a statement of the charges in that …
Neb. Rev. Stat. § 44-1542 Director; cease and desist order; other orders; authorized.
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If, after the hearing, the director finds an insurer has engaged in an unfair claims settlement practice, he or she shall reduce his or her findings to writing and shall issue and cause to be served upon the insurer charged with the violation a copy of the findings and an order r…
Neb. Rev. Stat. § 44-1543 Violation of cease and desist order; penalties authorized.
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Any insurer who violates a cease and desist order of the director under section 44-1542 may after notice and hearing and upon order of the director be subject to: (1) A monetary penalty of not more than thirty thousand dollars for each violation, not to exceed an aggregate penalt…
Neb. Rev. Stat. § 44-1544 Director; rules and regulations.
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The director may adopt and promulgate rules and regulations to carry out the Unfair Insurance Claims Settlement Practices Act.
Neb. Rev. Stat. § 44-1545 Noncompliance; effect.
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Failure by an insurance company subject to sections 60-3,136 to 60-3,139 to comply with the requirements of such sections and the rules and regulations adopted and promulgated under such sections by the Department of Motor Vehicles shall be an unfair trade practice in the busines…
Neb. Rev. Stat. § 44-1546 Act, how cited.
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Sections 44-1546 to 44-1555 shall be known and may be cited as the Nebraska Protection of Seniors from Insurance Exploitation Act.
Neb. Rev. Stat. § 44-1547 Legislative intent.
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(1) It is the intent of the Legislature to provide legal protection to insurers and insurance producers so that they have the discretion to take action to assist in detecting and preventing financial exploitation. (2) The Legislature recognizes that insurers and insurance produce…
Neb. Rev. Stat. § 44-1548 Terms, defined.
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For purposes of the Nebraska Protection of Seniors from Insurance Exploitation Act, unless the context otherwise requires: (1) Director means the Director of Insurance; (2) Disbursement means any attempt to withdraw money or access a benefit from a life insurance policy or an ann…
Neb. Rev. Stat. § 44-1549 Disclosure of information; immunity.
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An insurer or trained individual who, acting reasonably and in good faith, makes a disclosure of information to the director pursuant to the Nebraska Protection of Seniors from Insurance Exploitation Act or the Insurance Fraud Act shall be immune from administrative or civil liab…
Neb. Rev. Stat. § 44-155 Copies of records or documents; furnish; cost.
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Whenever numerous copies of the same records or documents are furnished or certified to by the Department of Insurance, the Director of Insurance may reduce such fees for copies or certifications thereto if he deems the total fees to be excessive; and he may, when he deems it in …
Neb. Rev. Stat. § 44-1550 Financial exploitation; notification; immunity.
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(1) If an insurer or trained individual reasonably believes financial exploitation of an eligible adult may have occurred, has been attempted, or is being attempted, the insurer or trained individual may notify a permissible third party. Notification to a permissible third party …
Neb. Rev. Stat. § 44-1551 Financial exploitation; internal review; procedure; disbursement or transaction; delay; order for protective relief.
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(1) If an insurer or trained individual reasonably believes a disbursement or transaction will likely result in or contribute to the financial exploitation of an eligible adult, the insurer or trained individual may initiate an internal review of the requested disbursement or tra…
Neb. Rev. Stat. § 44-1552 Administrative, civil, or criminal liability; immunity; conditions.
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(1) An insurer or trained individual who, acting reasonably and in good faith, complies with section 44-1551 or the Insurance Fraud Act shall be immune from any administrative or civil liability that might otherwise arise from such delay in a disbursement or transaction or any ot…
Neb. Rev. Stat. § 44-1553 Training for supervisors and employees; requirements.
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(1) Except for insurance producers described in subdivision (7)(a) of section 44-1548, an insurer shall provide training to all supervisors and employees of such insurer appropriate to the job responsibilities of supervisors and employees handling or advising on complaints, possi…
Neb. Rev. Stat. § 44-1554 Records; access; investigation; confidentiality.
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(1) An insurer shall provide access to or copies of records that are relevant to the suspected or attempted financial exploitation of an eligible adult to the director and to law enforcement, either as part of a referral to the director or law enforcement, or upon the request of …
Neb. Rev. Stat. § 44-1555 Rules and regulations.
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The director may adopt and promulgate rules and regulations to carry out the Nebraska Protection of Seniors from Insurance Exploitation Act, including, but not limited to, rules and regulations related to: (1) The form and manner of the notifications under section 44-1551; and (2…