Chapter 44, INSURANCE
2,111 sections in this chapter.
Neb. Rev. Stat. § 44-1105 Approval of viatical settlement contracts and disclosure statements.
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A person shall not use a viatical settlement contract form or provide to a viator a disclosure statement form in this state unless first filed with and approved by the director. The director shall disapprove a viatical settlement contract form or disclosure statement form if, in …
Neb. Rev. Stat. § 44-1106 Reporting requirements; confidentiality.
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(1) Each viatical settlement provider shall file with the director on or before March 1 of each year an annual statement containing such information as the director may prescribe by rule and regulation. Such information shall be limited to only those transactions where the viator…
Neb. Rev. Stat. § 44-1107 Examination; investigation.
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(1)(a) The director may conduct an examination of a licensee under the Viatical Settlements Act as often as the director, in his or her sole discretion, deems appropriate. In scheduling and determining the nature, scope, and frequency of examination, the director shall consider s…
Neb. Rev. Stat. § 44-1108 Disclosure; requirements; rights of viator.
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(1) With each application for a viatical settlement, a viatical settlement provider or viatical settlement broker shall provide the viator with at least the disclosures required by this section no later than the time the application for the viatical settlement contract is signed …
Neb. Rev. Stat. § 44-1108.01 Viatical settlement broker or viatical settlement provider; disclosure.
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Before the initiation of a plan, transaction, or series of transactions, a viatical settlement broker or viatical settlement provider shall fully disclose to an insurer a plan, transaction, or series of transactions to which the viatical settlement broker or viatical settlement p…
Neb. Rev. Stat. § 44-1109 Viatical settlement contract requirements.
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(1)(a) A viatical settlement provider entering into a viatical settlement contract shall first obtain: (i) If the viator is the insured, a written statement from a licensed attending physician that the viator is of sound mind and under no constraint or undue influence to enter in…
Neb. Rev. Stat. § 44-1110 Prohibited acts.
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(1) It is a violation of the Viatical Settlements Act for any person to enter into a viatical settlement contract at any time prior to the application or issuance of a policy which is the subject of a viatical settlement contract or within a five-year period commencing on the dat…
Neb. Rev. Stat. § 44-1111 Advertising for viatical settlements; guidelines and standards.
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(1) The purpose of this section is to provide prospective viators with clear and unambiguous statements in the advertisement of viatical settlements and to assure the clear, truthful, and adequate disclosure of the benefits, risks, limitations, and exclusions of any viatical sett…
Neb. Rev. Stat. § 44-1112 Fraud prevention and control.
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(1)(a) A person shall not commit a fraudulent viatical settlement act. (b) A person shall not knowingly or intentionally interfere with the enforcement of the provisions of the Viatical Settlements Act or investigations of suspected or actual violations of the act. (c) A person i…
Neb. Rev. Stat. § 44-1113 Injunctions; civil remedies; violation; penalty.
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(1) In addition to the penalties and other enforcement provisions of the Viatical Settlements Act, if any person violates the act or any rule or regulation implementing the act, the director may seek an injunction in a court of competent jurisdiction and may apply for temporary a…
Neb. Rev. Stat. § 44-1114 Director; powers.
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The director shall have the authority to: (1) Adopt and promulgate rules and regulations to carry out the Viatical Settlements Act; (2) Establish standards for evaluating reasonableness of payments under viatical settlement contracts for persons with a terminal or chronic illness…
Neb. Rev. Stat. § 44-1115 Unfair trade practices.
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A violation of the Viatical Settlements Act, including the commission of a fraudulent viatical settlement act, shall be considered an unfair trade practice under the Unfair Insurance Trade Practices Act subject to the penalties contained in the act.
Neb. Rev. Stat. § 44-1116 Compliance with act; required; when.
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A viatical settlement provider and viatical settlement broker transacting business in this state on or before September 1, 2001, may continue to do so pending approval or disapproval of the provider's or broker's application for a license as long as the application is filed with …
Neb. Rev. Stat. § 44-1117 Fraudulent viatical settlement act; additional prohibited acts.
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(1) With respect to any viatical settlement contract or insurance policy, no viatical settlement broker shall knowingly solicit an offer from, effectuate a viatical settlement with, or make a sale to any viatical settlement provider, viatical settlement purchaser, financing entit…
Neb. Rev. Stat. § 44-112 Department of Insurance; records.
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The Department of Insurance shall preserve in a permanent form a record of its proceedings, and the acts and proceedings of its officers, including a concise statement of the results of all investigations or examinations of insurance companies.
Neb. Rev. Stat. § 44-113 Department; report; contents.
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The Department of Insurance shall transmit to the Governor, ten days prior to the opening of each session of the Legislature, a report of its official transactions, containing in a condensed form the statements made to the department by every insurance company authorized to do bu…
Neb. Rev. Stat. § 44-114 Department; fees for services.
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In addition to any other fees and charges provided by law, the following shall be due and payable to the Department of Insurance: (1) For filing the documents, papers, statements, and information required by law upon the organization of domestic or the entry of foreign or alien i…
Neb. Rev. Stat. § 44-116 Examination; expenses collected; Department of Insurance Cash Fund; created; use; investment; transfers.
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(1) All money collected by the Department of Insurance for examination of the affairs of domestic, foreign, or alien insurance companies and insurers as defined in and pursuant to the Insurers Examination Act or any other provision of Chapter 44 or for valuing the reserve liabili…
Neb. Rev. Stat. § 44-117 Examiners; expenses; payment.
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The Director of Administrative Services is, upon presentation of a voucher properly countersigned by the Director of Insurance, authorized to draw warrants against the Department of Insurance Cash Fund for the purpose of paying the salaries and expenses of the personnel of the ac…
Neb. Rev. Stat. § 44-119 Actuaries and examiners; appointment.
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In order to discharge the responsibilities of the department, including the requirements of the Insurers Examination Act, there shall be appointed a sufficient staff of actuaries and examiners which shall include: (1) One or more life insurance actuaries; (2) One or more property…
Neb. Rev. Stat. § 44-120 Domestic company; capital stock; impairment; notice to shareholders.
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Whenever it appears to the Department of Insurance from any proper showing or from any examination made that the capital stock of any domestic stock insurance company is impaired or that its assets are insufficient to justify its continuance in business, the department, in lieu o…
Neb. Rev. Stat. § 44-1201 Contracts, authorized.
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Individuals, partnerships, limited liability companies, and corporations in this state, hereby designated as subscribers, are hereby authorized to exchange reciprocal or interinsurance contracts with each other or with individuals, partnerships, limited liability companies, and c…
Neb. Rev. Stat. § 44-1202 Contracts; licensed agent or attorney may execute.
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Such contracts may be executed by an attorney, agent, or other representative, herein designated attorney, duly authorized and acting for such subscribers; Provided, that no such interinsurance contracts covering risks located or residing in this state shall be solicited, written…
Neb. Rev. Stat. § 44-1203 Declaration; filing; contents; loss fund required.
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Such subscribers so contracting among themselves shall, through their attorney, file with the Department of Insurance a declaration verified by the oath of such attorney or, when such attorney is a corporation, by the oath of the chief officer thereof setting forth: (1) The name …
Neb. Rev. Stat. § 44-1204 Actions; where brought; process; judgments.
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Concurrently with the filing of the declaration provided for by the terms of section 44-1203, the attorney shall file with the Department of Insurance an instrument in writing executed by him or her for said subscribers, conditioned that upon the issuance of certificate of author…
Neb. Rev. Stat. § 44-1205 Maximum single risk; statement; filing required.
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There shall be filed with the Department of Insurance, by such attorney, a statement under oath of such attorney showing the maximum amount of indemnity upon any single risk, and such attorney shall, whenever and as often as the same shall be required, file with the department a …
Neb. Rev. Stat. § 44-1206 Reserve; character; amount.
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In addition to the requirement that a fund, in cash or invested as provided by law, be on deposit with the attorney as provided in subdivision (7) of section 44-1203, it shall be a further requirement that such beginning deposit be continually maintained with such attorney, and i…
Neb. Rev. Stat. § 44-1206.01 Reserve; deficiency; notice; removal.
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Whenever it shall appear from any proper showing or from any examination made that the assets and resources of any domestic reciprocal insurance exchange are insufficient to meet the minimum conditions prescribed in section 44-1206, the department may promptly determine the amoun…
Neb. Rev. Stat. § 44-1207 Annual statement; contents; examination; power of department.
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Such attorney shall, within the time limited for filing the annual statement by insurance companies transacting the same kind of business, make a report to the Department of Insurance for each calendar year, showing the financial condition of affairs at the office where such cont…
Neb. Rev. Stat. § 44-1208 Exchange of contracts; authorized.
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Any corporation organized under the laws of this state, shall, in addition to the rights, powers and franchises specified in its articles of incorporation, have full power and authority to exchange insurance contracts of the kind and character mentioned in section 44-1201. The ri…
Neb. Rev. Stat. § 44-1209 Attorney; violations; penalty.
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Any attorney who shall exchange any contracts of indemnity of the kind and character specified in section 44-1201, or any attorney, agent, or any person representing him, who shall solicit or negotiate any application for same without the attorney first complying with the foregoi…
Neb. Rev. Stat. § 44-121 Domestic company; capital stock; failure to restore; proceedings authorized.
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If the amount of any such impairment or deficiency shall not be made good within the time specified in such notice and proof thereof filed with the Department of Insurance, the company shall be proceeded against in the manner authorized and directed by the Nebraska Insurers Super…
Neb. Rev. Stat. § 44-1210 Solicitation for purposes of organization; license not required.
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For the purposes of organization, and upon issuance of permit by the Department of Insurance, powers of attorney and applications may be solicited without license, but no attorney, agent, or other person, shall make any contracts of indemnity until he shall comply with the provis…
Neb. Rev. Stat. § 44-1211 Attorney's certificate of authority; issuance.
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Each attorney by or through whom are issued any policies of, or contracts for, indemnity of the character referred to in section 44-1201, may procure from the Department of Insurance annually a certificate of authority, stating that all the requirements of sections 44-1201 to 44-…
Neb. Rev. Stat. § 44-1212 Attorney's certificate; revocation or suspension; grounds; order; appeal.
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In addition to the penalties prescribed in section 44-1209 and when not otherwise provided, the penalty for failure or refusal to comply with any of the terms and provisions of sections 44-1201 to 44-1214, upon the part of the attorney, shall be the refusal, suspension, or revoca…
Neb. Rev. Stat. § 44-1214 Applicability of insurance laws.
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Reciprocal or interinsurance contracts, the exchange thereof, the subscribers, attorneys in fact, agents, and representatives, and all matters incident to or concerned with such contracts and relationship, shall be exclusively subject to and regulated by the provisions of section…
Neb. Rev. Stat. § 44-1215 Applicability of insurance laws; conflict; effect.
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Reciprocal or interinsurance exchanges and all matters relating thereto shall be subject to and governed by Chapter 44, articles 1, 2, 3, 4, 5, 6, 7, 12, and 15, as now existing or as hereafter amended, insofar as these statutes may be reasonably applicable; and sections 44-1201 …
Neb. Rev. Stat. § 44-122 Domestic company; stock reduction; procedure.
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No reduction of stock shall be made except by approval of at least two-thirds of the directors. The directors, after such reduction of stock, may require such shareholder to surrender his or her stock and in lieu thereof may issue a new certificate for such number of shares as ea…
Neb. Rev. Stat. § 44-123 Domestic mutual company; assets; deficiency; notice.
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Whenever it shall appear from any proper showing, or from any examination made, that the assets and resources of any domestic mutual insurance company are insufficient to meet the minimum conditions prescribed in section 44-219 as now existing or hereafter amended, the Department…
Neb. Rev. Stat. § 44-124 Domestic mutual company; assets; deficiency; service of notice; failure to restore; proceedings authorized.
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Such notice and requisition may be served by either registered or certified letter, having affixed the proper postage, and directed to the company at its principal place of business in this state. Upon the service of such notice and requisition, the directors and officers thereof…
Neb. Rev. Stat. § 44-1301 Act, how cited.
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Sections 44-1301 to 44-1318 shall be known and may be cited as the Health Carrier External Review Act.
Neb. Rev. Stat. § 44-1302 Purpose of act.
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The purpose of the Health Carrier External Review Act is to provide uniform standards for the establishment and maintenance of external review procedures to assure that covered persons have the opportunity for an independent review of an adverse determination or final adverse det…
Neb. Rev. Stat. § 44-1303 Terms, defined.
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For purposes of the Health Carrier External Review Act: (1) Adverse determination means a determination by a health carrier or its designee utilization review organization that an admission, the availability of care, a continued stay, or other health care service that is a covere…
Neb. Rev. Stat. § 44-1304 Applicability of act.
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(1) Except as provided in subsection (2) of this section, the Health Carrier External Review Act shall apply to all health carriers. (2)(a) The act shall not apply to a policy or certificate that provides coverage for: (i) A specified disease, specified accident, or accident-only…
Neb. Rev. Stat. § 44-1305 Health carrier; covered person; notification; when; written notice; contents; health carrier; duties.
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(1)(a) A health carrier shall notify the covered person in writing of the covered person's right to request an external review to be conducted pursuant to section 44-1308, 44-1309, or 44-1310 and include the appropriate statements and information as set forth in subsection (2) of…
Neb. Rev. Stat. § 44-1306 Request for external review.
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(1)(a) Except for a request for an expedited external review as set forth in section 44-1309, all requests for external review shall be made in writing to the director. (b) The director may prescribe by rule and regulation the form and content of external review requests required…
Neb. Rev. Stat. § 44-1307 Request for external review; exhaustion of internal grievance process; request for expedited external review of adverse determination; independent review organization; duties.
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(1)(a) Except as provided in subsection (2) of this section, a request for an external review pursuant to section 44-1308, 44-1309, or 44-1310 shall not be made until the covered person has exhausted the health carrier's internal grievance process as set forth in the Health Carri…
Neb. Rev. Stat. § 44-1308 Request for external review; filing; director; duties; health carrier; duties; preliminary review; contents; director; powers; notice of initial determination; contents; independent review organization; powers; duties; decision; notice; contents.
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(1)(a) Within four months after the date of receipt of a notice of an adverse determination or final adverse determination pursuant to section 44-1305, a covered person or the covered person's authorized representative may file a request for an external review with the director. …
Neb. Rev. Stat. § 44-1309 Request for expedited external review; director; duties; health carrier; duties; notice of initial determination; contents; expedited external review; independent review organization; powers; duties; decision; notice; contents.
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(1) Except as provided in subsection (6) of this section, a covered person or the covered person's authorized representative may make a request for an expedited external review with the director at the time that the covered person receives: (a) An adverse determination if: (i) Th…
Neb. Rev. Stat. § 44-1310 Review of denial of coverage for service or coverage determined experimental or investigational; external review; expedited external review; director; duties; health carrier; duties; notice of initial determination; contents; appeal; clinical reviewer; duties; independent review organization; powers; duties; decision; notice; contents.
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(1)(a) Within four months after the date of receipt of a notice of an adverse determination or final adverse determination pursuant to section 44-1305 that involves a denial of coverage based on a determination that the health care service or treatment recommended or requested is…