Neb. Rev. Stat. ch. 44, general provisions applicable to insurers and policies (44-300 series)

What this document is

Neb. Rev. Stat. ch. 44, general provisions applicable to insurers and policies (44-300 series) is a state statute published by Nebraska Legislature (nebraskalegislature.gov). It is one of the Nebraska documents that insurance license exam questions are written from, including nebraska life & health, nebraska property & casualty practice questions. This page summarizes it and points to the official version, which is the text to rely on.

Sections cited in practice questions

Each practice answer shows the exact passage it comes from. These are sections of this document that questions cite, with a short excerpt from the source text.

• Neb. Rev. Stat. § 44-310 (Death of insured; refund of unearned premium)

  “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 of the insured's...”

• Neb. Rev. Stat. § 44-316 (Policy delivery; posting on the insurer's website)

  “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 posted on the...”

• Neb. Rev. Stat. § 44-319 (Insurance producer or surplus lines licensee; fiduciary duties)

  “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 person to maintain a...”

• Neb. Rev. Stat. § 44-323(2) (Living organ donor; prohibited underwriting)

  “(2) It shall be unlawful for an insurer to deny insurance coverage, cancel insurance coverage, or determine the price or premium for, refuse to issue, or otherwise vary any term or condition of a life insurance policy, disability insurance policy, or long-term care insurance policy solely on the...”

• Neb. Rev. Stat. § 44-354 (Policies; special fees prohibited)

  “It shall be unlawful for any insurance company, association or society, or for any officer, manager, agent, or other representative thereof, to include in the sum charged or designated in any policy as the consideration for insurance, any fee, compensation, charge, or perquisite whatsoever, not...”

• Neb. Rev. Stat. § 44-357 (Policies; stipulations forbidden)

  “No insurance company shall issue in this state any policy or contract of insurance containing a provision, stipulation or agreement that such policy shall be construed according to the laws of any other state or country, or any provision limiting the time within which an action may be brought to...”

• Neb. Rev. Stat. § 44-358 (Policies; misrepresentations; warranties; conditions; effect)

  “No oral or written misrepresentation or warranty made in the negotiation for a contract or policy of insurance by the insured, or in his behalf, shall be deemed material or defeat or avoid the policy, or prevent its attaching, unless such misrepresentation or warranty deceived the company to its...”

• Neb. Rev. Stat. § 44-359 (Actions on policies; attorney's fees)

  “In all cases when the beneficiary or other person entitled thereto brings an action upon any type of insurance policy, except workers' compensation insurance, or upon any certificate issued by a fraternal benefit society, against any company, person, or association doing business in this state, the...”

• Neb. Rev. Stat. § 44-348 (Policies, bonds, or certificates; form; approval)

  “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. § 44-358 (Policies; breach of warranty or condition; effect)

  “The breach of a warranty or condition in any contract or policy of insurance shall not avoid the policy nor avail the insurer to avoid liability, unless such breach shall exist at the time of the loss and contribute to the loss, anything in the policy or contract of insurance to the contrary notwithstanding.”

• Neb. Rev. Stat. § 44-303 (Certificate of authority; annual expiration and renewal)

  “This certificate shall expire on the last day of April in each year and shall be renewed annually if the company has continued to comply with the laws of this state and the rules and regulations of the department.”

• Neb. Rev. Stat. § 44-316(4) (Website posting; declarations page information)

  “(4) The insurer must provide the following information in, or simultaneously with, each declarations page provided at the time of issuance of the initial policy and any renewals of such policy: (a) A description of the exact policy and endorsement forms purchased by the insured; (b) A description...”

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Questions about this source

More Nebraska sources

• Neb. Rev. Stat. ch. 44, sickness and accident insurance policy provisions (44-710 series)State statute
• Neb. Rev. Stat. ch. 44, group life and group sickness and accident insuranceState statute
• Neb. Rev. Stat. ch. 44, life and annuity policy provisions (44-502 to 44-513)State statute
• Neb. Rev. Stat. ch. 44, Medicare supplement and long-term care insuranceState statute
• Neb. Rev. Stat. ch. 44, Insurance Producers Licensing Act (44-4047 to 44-4069)State statute
• Neb. Rev. Stat. ch. 44, Unfair Insurance Trade Practices Act (44-1521 to 44-1535)State statute
• Nebraska Producer's Examination Content Outline - Casualty Insurance Series 13-23Candidate handbook or exam outline
• Nebraska Department of Insurance Licensing Examination Candidate Information BulletinCandidate handbook or exam outline