2,111 sections in this chapter.
Neb. Rev. Stat. § 44-325 Domestic insurer; dividends; payment; limitation.
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No domestic insurer shall declare or pay a dividend from any source other than earned surplus. For purposes of this section, earned surplus means an amount equal to the unassigned funds of an insurer as set forth in the most recent annual statement of the insurer submitted to the…
Neb. Rev. Stat. § 44-326 Domestic company; disbursements; how made.
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No domestic company shall make any disbursement of one hundred dollars or more other than policy proceeds or benefits unless the disbursement is evidenced by an invoice, a statement of account, or a voucher issued by or on behalf of the person, firm, or corporation receiving the …
Neb. Rev. Stat. § 44-3292 Act, how cited.
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Sections 44-3292 to 44-32,180 shall be known and may be cited as the Health Maintenance Organization Act.
Neb. Rev. Stat. § 44-3293 Definitions, where found.
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For purposes of the Health Maintenance Organization Act, the definitions found in sections 44-3294 to 44-32,114 shall be used.
Neb. Rev. Stat. § 44-3294 Basic health care services, defined.
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Basic health care services shall include as a minimum the following medically necessary services: Preventive care; emergency care; inpatient and outpatient hospital and physician care; diagnostic laboratory services; diagnostic and therapeutic radiological services; and out-of-ar…
Neb. Rev. Stat. § 44-3295 Carrier, defined.
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Carrier shall mean a health maintenance organization, an insurer, or any other entity responsible for the payment of benefits or the provision of services under a group contract.
Neb. Rev. Stat. § 44-3296 Copayment, defined.
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Copayment shall mean an amount an enrollee must pay in order to receive a specific service which is not fully prepaid.
Neb. Rev. Stat. § 44-3297 Deductible, defined.
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Deductible shall mean the amount an enrollee is responsible to pay out of pocket before the health maintenance organization begins to pay the costs associated with treatment.
Neb. Rev. Stat. § 44-3298 Director, defined.
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Director shall mean the Director of Insurance.
Neb. Rev. Stat. § 44-3299 Enrollee, defined.
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Enrollee shall mean an individual who is covered by a health maintenance organization and shall include both subscribers and dependents of subscribers.
Neb. Rev. Stat. § 44-3301 Sections; how interpreted.
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Sections 44-3301 to 44-3327 shall be interpreted liberally to (1) encourage the development of more effective and economical ways of providing legal services, (2) ease the burden of necessary legal expenses, and (3) aid in maintaining a high level of competence and adherence to p…
Neb. Rev. Stat. § 44-3302 Terms, defined.
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As used in sections 44-3301 to 44-3327, unless the context otherwise requires: (1) Director shall mean the Director of Insurance; (2) Department shall mean the Department of Insurance; (3) Insurer shall mean any person, as defined in section 49-801, authorized to conduct an insur…
Neb. Rev. Stat. § 44-3303 Insurance laws; situations; not applicable.
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The insurance laws of this state, including sections 44-3301 to 44-3327, do not apply to: (1) Retainer contracts made by attorneys at law with individual clients with fees based on estimates of the nature and amount of services to be provided to the specific client and similar co…
Neb. Rev. Stat. § 44-3304 Legal expense insurance business; authorization by director; exceptions.
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(1) No person may conduct a legal expense insurance business in this state unless authorized to do so by the director. (2) Subsection (1) of this section shall not apply to any person issuing group, blanket, or franchise policies if fewer than twenty-five percent of the certifica…
Neb. Rev. Stat. § 44-3305 Legal expense insurance; policy; certificate of coverage; issuance.
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(1) Legal expense insurance may be written as individual, group, blanket, or franchise insurance. Each contractual obligation for legal expense insurance shall be evidenced by a policy. Each person insured under a group policy shall be issued a certificate of coverage. (2) No pol…
Neb. Rev. Stat. § 44-3306 Policy or certificate form; disapproval; grounds.
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The director may disapprove a policy or certificate form of an insurer whose purpose according to its articles of incorporation is restricted to transacting legal expense insurance and business reasonably related thereto if he or she finds that it: (1) Is unfair, unfairly discrim…
Neb. Rev. Stat. § 44-3307 Provider contracts; director approval required; report.
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(1) Provider contracts, and changes thereto, made between an insurer, whose purpose is restricted to transacting legal expense insurance and business reasonably related thereto, and providing attorneys or other providers of services covered by the legal expense insurance policy s…
Neb. Rev. Stat. § 44-3308 Insurer; transacting legal expense insurance; deposit of securities or surety bond; purpose; release; reduction.
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(1) An insurer whose purposes according to its articles of incorporation are restricted to transacting legal expense insurance and business reasonably related thereto shall deposit with the director securities eligible for deposit by an insurance company, which shall have at all …
Neb. Rev. Stat. § 44-3309 Insurer; acts prohibited.
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An insurer shall not contract itself to practice law in any manner, nor shall the insurer control or attempt to control the attorney in the exercise of his or her professional judgment.
Neb. Rev. Stat. § 44-3310 Insurers; contract with others; purposes; approval.
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Insurers may contract with other insurers, including insurance companies organized under any of the laws of the State of Nebraska, for partial or total administrative services or for joint participation through contractual agreements or otherwise cede or accept legal expense insu…
Neb. Rev. Stat. § 44-3311 Legal expense insurance policy; possible violations; director; report.
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The director shall report to the Counsel for Discipline of the Nebraska Supreme Court any information of possible instances of overcharging for legal services, incompetence, or violations of the Nebraska Rules of Professional Conduct by lawyers who provide services in connection …
Neb. Rev. Stat. § 44-3312 Legal service insurance corporation; articles of incorporation; contents.
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(1) Two or more persons may organize a legal service insurance corporation under this section. (2) The articles of incorporation of a not-for-profit corporation shall conform to the requirements applicable to not-for-profit corporations under the Nebraska Nonprofit Corporation Ac…
Neb. Rev. Stat. § 44-3313 Incorporators; certificate of authority; application; contents.
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The incorporators shall file with the director an application for a certificate of authority to do business, which shall include or have attached the following: (1) The names, addresses, and occupations of all incorporators, proposed directors, and officers; (2) For corporate inc…
Neb. Rev. Stat. § 44-3314 Certificate of authority; director; issuance; conditions.
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The director shall issue a certificate of authority to a corporation organized under the provisions of sections 44-3312 and 44-3313 if: (1) He or she finds that all requirements of law have been met; (2) He or she is satisfied that all natural persons who are incorporators, the d…
Neb. Rev. Stat. § 44-3315 Legal service insurance corporation; legal existence; when commenced.
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Upon the issuance of the certificate of authority, and upon the issuance of the certificate of incorporation by the Secretary of State, the legal existence of the corporation organized under sections 44-3312 and 44-3313 shall begin, the articles and bylaws shall become effective,…
Neb. Rev. Stat. § 44-3316 Legal service insurance corporation; funds; investments.
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A corporation organized under sections 44-3312 and 44-3313 shall invest its funds as provided by Chapter 44 and its investments shall be valued as provided by Chapter 44. The investments shall exceed its liabilities and reserves except for claim liability covered by contracting a…
Neb. Rev. Stat. § 44-3317 Legal service insurance corporation; reserves.
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A corporation organized under sections 44-3312 and 44-3313 shall maintain the reserves necessary for the sound operation of the business, including unearned premium reserves. The amount and manner of calculating such reserves shall be determined by rule of the director.
Neb. Rev. Stat. § 44-3318 Legal expense insurers; acts; not applicable.
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An insurer whose purposes according to its articles of incorporation are restricted to transacting legal expense insurance and business reasonably related thereto shall not be a member of the Nebraska Property and Liability Insurance Guaranty Association described in Chapter 44, …
Neb. Rev. Stat. § 44-3319 Legal service insurance corporation; advancement of funds; repayment.
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Any person may advance to a corporation organized under sections 44-3312 and 44-3313 on a contingent liability basis such funds as are necessary for the purposes of its business or to enable it to comply with any requirements of sections 44-3301 to 44-3327. Such money and interes…
Neb. Rev. Stat. § 44-3320 Legal service insurance corporation; laws applicable.
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All corporations organized under sections 44-3312 and 44-3313 shall be governed by such other laws regulating the business of insurance and profit and nonprofit corporations as do not conflict with sections 44-3301 to 44-3327.
Neb. Rev. Stat. § 44-3321 Legal service insurance corporation; agency or management contract; director approval required.
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A corporation organized under sections 44-3312 and 44-3313 shall not enter into an exclusive agency contract or management contract, unless the contract is first filed with the director and approved within thirty days of filing or such reasonable extended period as the director m…
Neb. Rev. Stat. § 44-3322 Legal service insurance corporation; affairs; transactions; examination.
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The Department of Insurance may appoint any deputy or examiner or other persons who shall have the power of visitation and examination into the affairs of any corporation organized under sections 44-3312 and 44-3313. Such deputy or examiner shall have free access to all the books…
Neb. Rev. Stat. § 44-3323 Legal service insurance corporation; supervision, rehabilitation, conservation, dissolution, or liquidation; procedures.
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Any supervision, rehabilitation, conservation, dissolution, or liquidation of a corporation organized under sections 44-3312 and 44-3313 shall be conducted pursuant to the Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act.
Neb. Rev. Stat. § 44-3324 Legal service insurance corporation; annual premium statement; filed.
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Each corporation organized under sections 44-3312 and 44-3313 shall annually on March 1 file with the department its statement for the preceding calendar year, and in the form prescribed by the director, showing all premiums received by it for the issuance of legal expense insura…
Neb. Rev. Stat. § 44-3325 Legal service insurance corporation; annual statement; failure to file; penalty.
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Any corporation organized under sections 44-3312 and 44-3313 neglecting to file the annual statement in the form and within the time provided by section 44-3324 shall forfeit one hundred dollars for each day during which such neglect continues, and, upon notice by the director to…
Neb. Rev. Stat. § 44-3326 Director; require additional reports.
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In addition to an annual statement, the director may require of licensees, under oath and in the form prescribed by him or her, such additional regular or special reports as he or she may deem necessary to the proper supervision of corporations under sections 44-3312 and 44-3313.
Neb. Rev. Stat. § 44-3327 Legal service insurance corporation; taxation provisions applicable.
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Any corporation organized under sections 44-3312 and 44-3313 shall also be subject to the taxation provisions of Chapter 77, article 9, to the extent that direct writing premiums are subject to taxation under such article.
Neb. Rev. Stat. § 44-3401 Act, how cited.
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Sections 44-3401 to 44-3408 shall be known and may be cited as the Nebraska Life, Sickness and Accident Insurance Policy Readability Act.
Neb. Rev. Stat. § 44-3402 Sections, purposes.
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The purpose of sections 44-3401 to 44-3408 is to establish minimum standards for readability of language used in policies of life insurance, sickness and accident insurance, credit life insurance, and credit accident and health insurance delivered or issued for delivery in this s…
Neb. Rev. Stat. § 44-3403 Terms, defined.
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For purposes of the Nebraska Life, Sickness and Accident Insurance Policy Readability Act, unless the context otherwise requires: (1) Director shall mean the Director of Insurance; (2) Insurer shall mean any company, corporation, exchange, society, or association whether organize…
Neb. Rev. Stat. § 44-3404 Policies; applicability of sections.
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Sections 44-3401 to 44-3408 shall apply to all policies, except: (1) Any policy which is a security subject to federal jurisdiction; (2) Any group policy covering a group of one thousand or more lives at date of issue, other than a group credit life insurance policy or a group cr…
Neb. Rev. Stat. § 44-3405 Policies; text; style; arrangement; requirements; filings; certificate.
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(1) No policy of life insurance, sickness and accident insurance, credit life insurance, or credit accident and health insurance shall be delivered or issued for delivery in this state unless: (a) The text achieves a minimum score of forty on the Flesch reading ease test or an eq…
Neb. Rev. Stat. § 44-3406 Flesch reading ease score; lower score authorized; when.
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The director may authorize a lower score than the Flesch reading ease score required in subsection (1) of section 44-3405 whenever, in his or her sole discretion, he or she finds that a lower score: (1) Will provide a more accurate reflection of the readability of a policy form; …
Neb. Rev. Stat. § 44-3407 Policy; approval.
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A policy meeting the requirements of section 44-3405 shall be approved, notwithstanding the provision of any other laws which specify the content of policies, if the policy provides protection not less favorable than that required by such laws.
Neb. Rev. Stat. § 44-3408 Sections; when applicable.
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Sections 44-3401 to 44-3408 applies to all policies filed on or after June 30, 1981. No policy shall be delivered or issued for delivery in this state on or after June 30, 1984, unless approved by the director or permitted to be issued under sections 44-3401 to 44-3408. Any polic…
Neb. Rev. Stat. § 44-348 Policies, bonds, or certificates; form; approval.
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Except as otherwise provided in Chapter 44 or by the director, no insurance policy, bond, or certificate issued under such policy or bond shall be issued or delivered in this state unless and until a copy of the form has been filed with and approved by the director.
Neb. Rev. Stat. § 44-349 Policy or contract; statement required.
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No policy or contract of insurance or renewal thereof shall be made, issued, used, or delivered by any assessment insurer in this state unless it states on its face that it is issued by an assessment insurer.
Neb. Rev. Stat. § 44-350 Insurance companies; use of name; policies; state name of company; exceptions.
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Every insurance company shall conduct its business in this state in its own name, and the policies and contracts of insurance issued by it shall be headed or entitled by such name. Two or more companies may jointly issue an underwriter's policy, upon which must appear the names o…
Neb. Rev. Stat. § 44-351 Insurance companies; similar names; use prohibited.
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No company, association, or society organized under sections 44-202 to 44-208.08 shall take any name in use by any other company, association, or society or so closely resembling such name as to mislead the public as to its identity.
Neb. Rev. Stat. § 44-352 Insurance companies; name of other company; use; penalty; appeal.
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It shall be unlawful for any insurance company to permit the use of its name or for any other company, person, or firm to use the name of any insurance company in such a way as to deceive or mislead the public. The violation of this section or section 44-351 by an insurance compa…