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2,111 sections in this chapter.
Neb. Rev. Stat. § 44-2620 Nonresident consultant; personal jurisdiction.
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Obtaining a nonresident license shall constitute sufficient contact with this state for the exercise of personal jurisdiction over such a person in any action, suit, or proceeding instituted by or on behalf of any interested person arising out of the applicant's consulting busine…
Neb. Rev. Stat. § 44-2621 Insurance consultant's license; type; fee; qualifications.
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Every individual applicant for a license under sections 44-2606 to 44-2635 shall have attained the age of majority, shall be competent, trustworthy, financially responsible, and of good personal and business reputation, and shall have been licensed as an agent, broker, or consult…
Neb. Rev. Stat. § 44-2622 Insurance consultant's license; examination.
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All individual applicants for licensure under sections 44-2606 to 44-2635 shall be examined by the director in such manner and form as the director prescribes. The applicant shall pass the examination with a grade determined by the director to indicate satisfactory knowledge and …
Neb. Rev. Stat. § 44-2623 Insurance consultant's license; examination; reexamination; fee.
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An applicant for a license under sections 44-2606 to 44-2635 shall pay or cause to be paid an examination fee as established by the director in advance of such examination. The fee shall not exceed one hundred dollars and shall cover all of the examinations given to the applicant…
Neb. Rev. Stat. § 44-2624 Insurance consultant; reexamination; when.
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The director may require a consultant, after notice and hearing and a finding that the consultant lacks competency, to submit to reexamination if the director has reason to believe that the consultant lacks competence.
Neb. Rev. Stat. § 44-2625 Nonresident applicant; reciprocity.
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The director may exempt from examination any nonresident applicant whose resident state or province has examination standards substantially the same as those of Nebraska, if such state or province has been recognized by the director by reciprocal arrangement. The director may acc…
Neb. Rev. Stat. § 44-2626 Insurance consultant's license; denial; when.
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The director may refuse to issue a consultant's license to an applicant if such applicant has failed to comply with any prerequisite for the issuance of such license, has made a material misstatement in the application for license, or has demonstrated untrustworthiness, financial…
Neb. Rev. Stat. § 44-2627 Insurance consultant's license; contents; expiration; reissuance.
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(1) The license shall state the name and resident address of the licensee, date of issuance, whether the licensee is qualified to consult in property and casualty, life, health, and annuities, and such other information as the director considers proper. (2) All corporate, partner…
Neb. Rev. Stat. § 44-2628 Insurance consultant's license; fee.
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A person holding a license issued under sections 44-2606 to 44-2635 shall pay to the department the required license fee as prescribed by section 44-2621. The department shall not issue a license to any person who fails to pay the required license fee when it becomes due except a…
Neb. Rev. Stat. § 44-2629 Insurance consultant; obligation.
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A consultant is obligated, under his or her license, to serve with objectivity and complete loyalty the interests of his or her client and to render his or her client such information, counsel, and service as within the knowledge, understanding, and opinion, in good faith of the …
Neb. Rev. Stat. § 44-2630 Insurance consultant; contract or agreement; conditions.
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No contract or agreement with an insurance consultant shall be enforceable by such consultant unless it is in writing and executed in duplicate by the person to be charged or by the authorized representative of such person. The agreement shall define the subject matter of the con…
Neb. Rev. Stat. § 44-2631 Insurance consultant; commission or compensation; receipt; unlawful; when.
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It shall be unlawful for any consultant, or any agency or sales organization with which he or she is connected, to receive any part of any commission or compensation paid by an insurer or agent of an insurer in connection with the sale or writing of any insurance which is within …
Neb. Rev. Stat. § 44-2632 Insurance consultant; contract; department approval; procedure.
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If a consultant is required to obtain approval of a contract by the department, such consultant shall complete and mail to the department a copy of the contract, attached to a departmental form, specifying the nature of the work to be performed, the fee arrangement, and an explan…
Neb. Rev. Stat. § 44-2633 Insurance consultant's license; revoked; suspended; placed on probation; grounds.
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The director may revoke, suspend, or place on probation, for such period as he or she may determine, the license of any consultant if, after notice and hearing, he or she determines that the licensee has: (1) Violated any of the provisions of sections 44-2606 to 44-2635, any insu…
Neb. Rev. Stat. § 44-2634 Violations; administrative fine; enforcement.
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Any person violating sections 44-2606 to 44-2635 may after notice and hearing be subject to an administrative fine of not more than five hundred dollars per violation. Such fine may be enforced in the same manner as civil judgments and may be in addition to any denial, suspension…
Neb. Rev. Stat. § 44-2635 Rules and regulations.
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The director may adopt and promulgate reasonable rules and regulations for the implementation and administration of sections 44-2606 to 44-2635.
Neb. Rev. Stat. § 44-2701 Purpose of act.
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The purpose of the Nebraska Life and Health Insurance Guaranty Association Act is to protect resident policyowners, insureds, including certificate holders under group insurance policies or contracts, beneficiaries, annuitants, payees, and assignees of life insurance policies, he…
Neb. Rev. Stat. § 44-2702 Terms, defined.
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As used in the Nebraska Life and Health Insurance Guaranty Association Act, unless the context otherwise requires: (1) Account means any of the three accounts created pursuant to section 44-2705; (2) Association means the Nebraska Life and Health Insurance Guaranty Association cr…
Neb. Rev. Stat. § 44-2703 Coverages authorized.
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(1)(a) The Nebraska Life and Health Insurance Guaranty Association Act shall provide coverage for the policies and contracts specified in subsection (2) of this section: (i) To persons who, regardless of where they reside, except for nonresident certificate holders under group po…
Neb. Rev. Stat. § 44-2704 Act; how construed.
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The Nebraska Life and Health Insurance Guaranty Association Act shall be construed to effect the purposes enumerated in section 44-2701.
Neb. Rev. Stat. § 44-2705 Nebraska Life and Health Insurance Guaranty Association; created; members; board of directors; accounts; supervision.
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(1) There is hereby created a nonprofit unincorporated legal entity to be known as the Nebraska Life and Health Insurance Guaranty Association. All member insurers shall be members of the association as a condition of their authority to transact the business of insurance in this …
Neb. Rev. Stat. § 44-2706 Board of directors; members; how selected; voting rights; represent insurers; expenses.
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(1) The board of directors of the association shall consist of not less than seven nor more than eleven members serving terms as established in the plan of operation. The members of the board shall be selected by member insurers subject to the approval of the director. Vacancies …
Neb. Rev. Stat. § 44-2707 Association; powers and duties; enumerated.
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In addition to the powers and duties enumerated in the Nebraska Life and Health Insurance Guaranty Association Act: (1) If a member insurer is an impaired insurer, the association may, at its discretion and subject to any conditions imposed by the association that do not impair t…
Neb. Rev. Stat. § 44-2708 Assessments against member insurers; procedure; effect; protest or appeal.
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(1) For the purpose of providing the funds necessary to carry out the powers and duties of the association, the board of directors shall assess the member insurers, separately for each account, at such times and for such amounts as the board finds necessary. The board shall colle…
Neb. Rev. Stat. § 44-2709 Association; plan of operation; requirements.
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(1)(a) The association shall submit to the director a plan of operation and any amendments necessary or suitable to assure the fair, reasonable, and equitable administration of the association. The plan of operation and any amendments shall become effective upon approval in writi…
Neb. Rev. Stat. § 44-2710 Director; powers and duties; enumerated.
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In addition to the powers and duties enumerated in the Nebraska Life and Health Insurance Guaranty Association Act: (1) The director shall: (a) Notify the board of directors of the existence of an impaired or insolvent insurer not later than three days after a determination of im…
Neb. Rev. Stat. § 44-2711 Detection and prevention of insurer impairments or insolvencies; powers and duties of board and director.
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To aid in the detection and prevention of insurer impairments or insolvencies: (1) The board of directors shall, upon majority vote, notify the director of any information indicating any member insurer may be unable or potentially unable to fulfill its contractual obligations; (2…
Neb. Rev. Stat. § 44-2712 Association; recommend special deputy.
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The association may recommend a natural person to serve as a special deputy to act for the director and under his supervision in the liquidation, rehabilitation, or conservation of any member insurer.
Neb. Rev. Stat. § 44-2713 Impaired or insolvent insurer; effect; procedure.
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(1) Nothing in the Nebraska Life and Health Insurance Guaranty Association Act shall be construed to reduce the liability for unpaid assessments of the insureds of an impaired or insolvent insurer operating under a plan with assessment liability. (2) Records shall be kept of all …
Neb. Rev. Stat. § 44-2714 Association; subject to examination and regulation; annual report.
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The association shall be subject to examination and regulation by the director. The board of directors shall submit to the director, not later than May 1 of each year, a financial report for the preceding calendar year in a form approved by the director and a report of its activi…
Neb. Rev. Stat. § 44-2715 Association; exempt from fees and taxes; exception.
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The association shall be exempt from payment of all fees and all taxes levied by this state or any of its subdivisions, except taxes levied on real property.
Neb. Rev. Stat. § 44-2716 Insurer; offset against tax liability; handling of refund sums.
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(1) The insurer may offset against its premium and related retaliatory tax liability to this state pursuant to sections 44-150 and 77-908 accrued with respect to business transacted in such year an amount equal to twenty percent of the original face amount of the certificate of c…
Neb. Rev. Stat. § 44-2717 Exemption from liability.
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There shall be no liability on the part of and no cause of action of any nature shall arise against any member insurer or its directors, officers, agents, or employees, the association or its agents or employees, members of its board of directors, or the director or his or her re…
Neb. Rev. Stat. § 44-2718 Stay of proceedings against impaired insurer; purpose; association; apply to set aside judgment or defend.
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All proceedings in which the impaired insurer is a party in any court in this state shall be stayed one hundred eighty days from the date an order of liquidation, rehabilitation, or conservation is final to permit proper legal action by the association on any matters germane to i…
Neb. Rev. Stat. § 44-2719 Assessments made by associations of other states; effect.
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Assessments made by the insurance guaranty associations, or similar entities, pursuant to the laws of any other state shall not be considered taxes, licenses, other fees, other material obligations, prohibitions, or restrictions as defined in section 44-150.
Neb. Rev. Stat. § 44-2719.01 Using name of association; when prohibited.
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No person, including an insurer, agent, or affiliate of an insurer, shall make, publish, disseminate, circulate, or place before the public, or cause directly to be made, published, disseminated, circulated, or placed before the public, in any newspaper, magazine, or other public…
Neb. Rev. Stat. § 44-2719.02 Insurer under court order; provisions applicable; act; applicability.
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(1) Any insurer under an order of liquidation, rehabilitation, or conservation on February 12, 1986, shall be subject to the provisions of the Nebraska Life and Health Insurance Guaranty Association Act in effect on the day prior to February 12, 1986. (2) Notwithstanding any othe…
Neb. Rev. Stat. § 44-2720 Act, how cited.
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Sections 44-2701 to 44-2720 shall be known and may be cited as the Nebraska Life and Health Insurance Guaranty Association Act.
Neb. Rev. Stat. § 44-2801 Legislative findings and intent.
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(1) The Legislature finds and declares that it is in the public interest that competent medical and hospital services be available to the public in the State of Nebraska at reasonable costs, and that prompt and efficient methods be provided for eliminating the expense as well as …
Neb. Rev. Stat. § 44-2802 Terms, defined; common-law meaning; when.
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(1) As used in the Nebraska Hospital-Medical Liability Act, unless the context otherwise requires, the definitions in sections 44-2803 to 44-2817 shall apply. (2) Any legal word or term of art used in the Nebraska Hospital-Medical Liability Act and not otherwise defined shall hav…
Neb. Rev. Stat. § 44-2803 Health care provider, defined.
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Health care provider means: (1) A physician; (2) a certified registered nurse anesthetist; (3) an individual, partnership, limited liability company, corporation, association, facility, institution, or other entity authorized by law to provide professional medical services by phy…
Neb. Rev. Stat. § 44-2804 Physician, defined.
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Physician shall mean a person with an unlimited license to practice medicine in this state pursuant to the Medicine and Surgery Practice Act or a person with a license to practice osteopathic medicine or osteopathic medicine and surgery in this state pursuant to sections 38-2029 …
Neb. Rev. Stat. § 44-2805 Patient, defined.
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Patient shall mean a natural person who receives or should have received health care from a licensed health care provider under a contract, express or implied.
Neb. Rev. Stat. § 44-2806 Hospital, defined.
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Hospital shall mean a public or private institution licensed pursuant to the Health Care Facility Licensure Act.
Neb. Rev. Stat. § 44-2807 Director, defined.
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Director shall mean the Director of Insurance.
Neb. Rev. Stat. § 44-2808 Representative, defined.
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Representative shall mean the spouse, parent, guardian, adult child, executor, administrator, trustee, attorney, or other legal agent of the patient.
Neb. Rev. Stat. § 44-2809 Tort, defined.
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Tort shall mean any legal wrong, breach of duty, or negligent or unlawful act or omission proximately causing injury or damage to another.
Neb. Rev. Stat. § 44-2810 Malpractice or professional negligence, defined.
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Malpractice or professional negligence shall mean that, in rendering professional services, a health care provider has failed to use the ordinary and reasonable care, skill, and knowledge ordinarily possessed and used under like circumstances by members of his profession engaged …
Neb. Rev. Stat. § 44-2811 Health care, defined.
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Health care shall mean any act or treatment performed or furnished, or which should have been performed or furnished, by any health care provider for, to, or on behalf of a patient during the patient's care, treatment, or confinement.
Neb. Rev. Stat. § 44-2812 Risk manager, defined.
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Risk manager shall mean an insurance company admitted to write insurance in Nebraska, which company shall be appointed by the director to manage the Residual Malpractice Insurance Authority.