Chapter 44 — INSURANCE
2,728 sections in this chapter.
Neb. Rev. Stat. § 44-3006 Unfair trade practice.
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Failure to meet any requirement of the Unclaimed Life Insurance Benefits Act shall be an unfair trade practice in the business of insurance subject to the Unfair Insurance Trade Practices Act.
Neb. Rev. Stat. § 44-301 Insurance companies; corporation laws apply; exceptions.
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The Nebraska Model Business Corporation Act, except as otherwise provided in Chapter 44, shall apply to all domestic incorporated insurance companies so far as the act is applicable or pertinent to and not in conflict with other provisions of the law relating to such companies. A…
Neb. Rev. Stat. § 44-302 Insurance law; companies and persons amenable.
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All domestic insurance companies, and all insurance agents, solicitors, brokers, surveyors or adjusters doing business in this state, and all insurance business transacted in whole or in part within or outside this state, the subject and matter of which is located wholly or in pa…
Neb. Rev. Stat. § 44-303 Insurance companies; certificate of authority; duration; promotion expenses; use of premiums prohibited.
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No insurance company shall transact any insurance business in this state unless it has received a certificate of authority from the Department of Insurance to do so. This certificate shall expire on the last day of April in each year and shall be renewed annually if the company h…
Neb. Rev. Stat. § 44-304 Insurance companies; authority to do business; conditions.
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Every insurance company before transacting the business of insurance in this state shall file in the office of the Department of Insurance a legally authenticated copy of its charter, articles of incorporation or record of its organization, and bylaws as follows: (1) If a domesti…
Neb. Rev. Stat. § 44-305 Foreign or alien company; capital and surplus required.
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No foreign or alien insurance company shall be permitted to transact any business of insurance in this state: (1) If a stock company, unless it possesses, in its own exclusive name and right, paid-up, unimpaired capital stock and surplus equal to the minimum amount required by se…
Neb. Rev. Stat. § 44-306 Health insurance plan; method of claim payment; restrictions.
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Beginning January 1, 2027, a health insurance plan, its contractors, and its affiliates shall not restrict the method of claim payment to a health care provider for health care services to a credit, charge, or debit card, or any combination thereof.
Neb. Rev. Stat. § 44-307 Insurance companies; business authorized.
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No domestic insurance company shall transact any business other than that specified in its articles of incorporation or otherwise authorized by law, and no foreign or alien company admitted to transact business in this state shall transact any other kind of business than that whi…
Neb. Rev. Stat. § 44-308 Assessment life associations; new associations prohibited.
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No life insurance company or association, other than fraternal benefit society, which issues contracts, the performance of which is contingent upon the payment of assessments or calls made upon its members, shall be hereafter organized to do business within this state. All such c…
Neb. Rev. Stat. § 44-309 Pollutant exclusion; exception for bodily injury.
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An exclusion in a homeowner's or owner's, landlord's, and tenant's policy of insurance for loss arising out of the discharge, dispersal, release, or escape of pollutants shall include an exception to the exclusion for bodily injury sustained within a building and caused by smoke,…
Neb. Rev. Stat. § 44-310 Individual sickness and accident or medicare supplement policy; death of insured; refund of unearned premium.
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In the event of the death of the insured of an individual sickness and accident or medicare supplement policy, the insurer, upon receipt of a request for a pro rata refund by a party legally entitled to claim such a refund, shall refund the unearned premium prorated to the month …
Neb. Rev. Stat. § 44-3101 Act, how cited.
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Sections 44-3101 to 44-3112 shall be known and may be cited as the Nebraska Professional Association Mutual Insurance Company Act.
Neb. Rev. Stat. § 44-3102 Declaration of intent and purpose.
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The intent and purpose of sections 44-3101 to 44-3112 is to establish procedures for organizing and regulating the operations of professional association mutual insurance companies within the State of Nebraska and thereby to promote the general welfare of the people of the State …
Neb. Rev. Stat. § 44-3103 Terms, defined.
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As used in the Nebraska Professional Association Mutual Insurance Company Act, unless the context otherwise requires: (1) Professional association mutual insurance company shall mean any domestic insurance company licensed under the act for the purpose of making insurance as prov…
Neb. Rev. Stat. § 44-3104 Licensed insurance company; limitation on business.
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The business of an insurance company licensed pursuant to sections 44-3101 to 44-3112 shall be limited to making insurance, as provided in section 44-3105, on the risks, hazards, and liabilities of members of an association whose principal practice is located in the State of Nebr…
Neb. Rev. Stat. § 44-3105 Professional association mutual insurance company; certificate of authority; demonstrate need.
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Any professional association mutual insurance company applying for a certificate of authority to engage in the insurance business in this state shall demonstrate to the satisfaction of the director that adequate insurance markets in the United States are not reasonably available …
Neb. Rev. Stat. § 44-3106 Certificate of authority; issued, when; minimum surplus.
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No professional association mutual insurance company shall be issued a certificate of authority to do any business in this state until it has filed with the director acceptable evidence that it has and will maintain a minimum surplus aggregating at least five hundred thousand dol…
Neb. Rev. Stat. § 44-3107 Certificate of authority; issued, when; minimum number of applications and annual premiums.
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No professional association mutual insurance company shall be issued a certificate of authority to do any business in this state until it has received not less than two hundred applications for insurance, and it shall have received in cash one annual premium for each such applica…
Neb. Rev. Stat. § 44-3108 Membership in the Nebraska Property and Liability Insurance Guaranty Association; prohibited.
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Any professional association mutual insurance company shall not be a member of the Nebraska Property and Liability Insurance Guaranty Association described in Chapter 44, article 24.
Neb. Rev. Stat. § 44-3109 Policy; issued; membership fee.
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Any professional association mutual insurance company may collect, at the time a policy is issued, a membership fee. Such fee shall be in addition to any premium charged for insurance and shall be paid into the company's surplus.
Neb. Rev. Stat. § 44-311 Health care sharing ministry; treatment under insurance laws.
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(1) A health care sharing ministry shall not be considered to be engaging in the business of insurance for purposes of the insurance laws of this state. (2) For purposes of this section, health care sharing ministry means a faith-based, nonprofit organization that is tax-exempt u…
Neb. Rev. Stat. § 44-3110 Administrative fee; payment, when; how computed; license; rescission; notice; hearing; appeal.
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(1) In addition to the premium tax prescribed in Chapter 77, article 9, every professional association mutual insurance company licensed pursuant to the Nebraska Professional Association Mutual Insurance Company Act shall, on or before March 1 of each year, pay an administrative …
Neb. Rev. Stat. § 44-3111 Rules and regulations.
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The director may establish and from time to time amend such reasonable rules and regulations as are necessary to enable him to carry out his duties under sections 44-3101 to 44-3112.
Neb. Rev. Stat. § 44-3112 Act; other provisions applicable.
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To the extent applicable and when not in conflict with the Nebraska Professional Association Mutual Insurance Company Act, the provisions of the Nebraska Model Business Corporation Act and Chapters 44 and 77 relating to corporations and insurance shall apply to companies incorpor…
Neb. Rev. Stat. § 44-312 Telehealth and telemonitoring services covered under policy, certificate, contract, or plan; insurer; duties; reimbursement rate; requirements.
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(1) For purposes of this section: (a)(i) Telehealth means the use of medical information electronically exchanged from one site to another, whether synchronously or asynchronously, to aid a health care provider in the diagnosis or treatment of a patient. (ii) Telehealth includes …
Neb. Rev. Stat. § 44-313 Insurer; contract for pharmacist professional services; authorized.
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(1) For purposes of this section: (a) Insurer means any insurer offering any individual or group sickness and accident insurance policy or subscriber contract delivered, issued for delivery, or renewed in this state and any hospital, medical, or surgical expense-incurred policy, …
Neb. Rev. Stat. § 44-314 Governmental entity offering individual or family health insurance to first responders; prohibited acts.
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(1) Except as provided in subsection (2) of this section, an employer providing for an individual or family health insurance policy for a first responder employee shall not cancel such policy if the first responder suffers serious bodily injury from an event that occurs while the…
Neb. Rev. Stat. § 44-315 Electronic delivery of notices or documents; conditions; insurer; duties; applicability.
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(1) For purposes of this section: (a) Delivered by electronic means includes: (i) Delivery to an electronic mail address at which a party has consented to receive notices or documents; or (ii) Posting on an electronic network or site accessible via the Internet, mobile applicatio…
Neb. Rev. Stat. § 44-316 Insurer; policy and endorsement; mailing, delivery, or posting on website; conditions for posting on insurer's website.
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Notwithstanding the provisions of section 44-315, life insurance policies, annuity contracts, and property and casualty insurance policies and endorsements that do not contain personally identifiable financial information as defined in section 44-903 may be mailed, delivered, or …
Neb. Rev. Stat. § 44-317 Loans from insurance client; restrictions.
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No insurance producer, surplus lines licensee, or insurance consultant shall obtain a loan from an insurance client that is not a financial institution and who is not related to the insurance producer, surplus lines licensee, or insurance consultant by birth, marriage, or adoptio…
Neb. Rev. Stat. § 44-318 Authority to transact business; certificate of department; evidentiary effect.
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A certificate under the seal of the department, relative to the authority of the company, insurance producer, business entity, or surplus lines licensee to transact business in this state upon any particular date, shall be received by any court in this state in lieu of the testim…
Neb. Rev. Stat. § 44-319 Insurance producer or surplus lines licensee; fiduciary duties.
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Every person acting as an insurance producer or surplus lines licensee in this state shall be responsible in a fiduciary capacity for all funds received or collected as an insurance producer or surplus lines licensee. Nothing in this section shall be construed to require any pers…
Neb. Rev. Stat. § 44-319.01 Domestic companies; securities; terms, defined.
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For purposes of sections 44-319.01 to 44-319.13, unless the context otherwise requires: (1) Director shall mean the Director of Insurance or his or her authorized representative; (2) Policyholders shall mean all persons having a legal or equitable right against a depositing insur…
Neb. Rev. Stat. § 44-319.02 Domestic companies; securities; amount required.
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Every domestic insurer hereafter organized to transact the business of insurance in this state shall deposit and continually maintain with the Department of Insurance eligible securities for the benefit of all of its policyholders or policyholders and creditors in the United Stat…
Neb. Rev. Stat. § 44-319.03 Domestic companies; securities; deposit; minimum required.
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Every domestic assessment association hereafter organized to transact the business of insurance in this state, except (1) health and accident assessment associations and (2) assessment associations organized primarily to write insurance coverage on farm properties against the per…
Neb. Rev. Stat. § 44-319.04 Domestic companies; securities; transacting business in foreign state; deposit permitted.
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Domestic insurers and assessment associations transacting or desiring to transact business in any other state, province, or country may deposit additional securities with the Department of Insurance in the kind and to the amount required by such other state, province, or country …
Neb. Rev. Stat. § 44-319.05 Domestic companies; securities; deposit; aggregate required.
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Every domestic insurer and assessment association required by Chapter 44 to deposit securities with the Department of Insurance shall continue to deposit all of its eligible securities until they aggregate the sum of one hundred thousand dollars.
Neb. Rev. Stat. § 44-319.06 Foreign companies; securities; amount required.
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No foreign insurer or assessment association now or hereafter authorized to do business in this state shall henceforth transact such business unless it shall deposit and continually maintain with the Department of Insurance or with the proper official of some one state of the Uni…
Neb. Rev. Stat. § 44-319.07 Securities; exchange; withdrawal; approval of director; forfeiture for failure to comply.
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(1) The depositing insurer or assessment association may, from time to time, exchange for the deposited securities, or any of them, other securities eligible for deposit if the aggregate value of such deposit will not thereby be reduced below the amount required by sections 44-31…
Neb. Rev. Stat. § 44-319.08 Securities; not subject to execution.
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No creditor or other claimant may levy upon such a deposit or any part thereof. Upon an order of liquidation, rehabilitation, or conservation of any depositing insurer or assessment association by a court of competent jurisdiction, the funds deposited and the income therefrom sha…
Neb. Rev. Stat. § 44-319.09 Securities deposited under former law; treatment.
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All securities now held on deposit by the director, which were made pursuant to any prior insurance law, shall be deemed to be held in compliance with the provisions of sections 44-319.01 to 44-319.13, for the purpose for which such deposits were originally made.
Neb. Rev. Stat. § 44-319.10 Interest; collectible by depositing insurer; Securities Deposit Trust Fund; created; disbursement.
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(1) Unless prohibited by the order of a court, all income on securities deposited with the Department of Insurance or with an authorized depository of the department shall be collectible by the depositing insurer or assessment association. In the event such income is paid to the …
Neb. Rev. Stat. § 44-319.11 Securities; designation of depository; director; duties.
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The director may designate any bank or trust company domiciled in this state as the depository for the Department of Insurance to receive and hold for safekeeping purposes any securities deposited pursuant to sections 44-319.01 to 44-319.13 or any prior insurance law. The holding…
Neb. Rev. Stat. § 44-319.12 Securities; liquidation; effect.
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All securities heretofore or hereafter deposited with the Department of Insurance by any incorporated or unincorporated insurer or assessment association shall become the property of the State of Nebraska in the event such securities remain unclaimed for a period of not less than…
Neb. Rev. Stat. § 44-319.13 Sections; cumulative.
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Nothing in sections 44-319.01 to 44-319.13 shall be construed to amend, repeal, or otherwise affect the provisions of sections 44-305 and 44-821 to 44-825.
Neb. Rev. Stat. § 44-32 Evidence of coverage, defined.
Neb. Rev. Stat. § 44-320 Domestic company; officers and directors; borrowing and sales to company prohibited; exception.
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(1) Except as provided in subsections (2) through (6) of this section, no director or officer of any domestic insurance company shall directly or indirectly receive any money or valuable consideration for negotiating any loan for the company or for selling or aiding in the sale o…
Neb. Rev. Stat. § 44-320.01 Domestic company; capital stock; retirement not to constitute sale, when; reinsurance or consolidation; effect.
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Retirement of the capital stock of a domestic stock insurance company and the payment to the holders of such stock of its value under a plan for the mutualization of such company shall not constitute a sale of such stock within the prohibition of section 44-320; nor shall a contr…
Repealed. Laws 1990, LB 1136, § 130.
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[Repealed or reserved.]
Repealed. Laws 1990, LB 1136, § 130.
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[Repealed or reserved.]