Nebraska Statutes 44-1708. Policy form, certificates of insurance, notices, applications, endorsements, and riders; filing requirements; approval; exception
(1) Except as otherwise provided by the director, all policies, certificates of insurance, notices of proposed insurance, applications for insurance, endorsements, and riders, to be delivered in this state, shall be filed with the director who shall acknowledge receipt of the filings and shall, within thirty days after the receipt of any such policies, certificates of insurance, notices of proposed insurance, applications for insurance, endorsements, and riders, disapprove any such form if the benefits provided therein are not reasonable in relation to the premium charge or if it contains provisions which are unjust, unfair, inequitable, misleading, or deceptive, encourage misrepresentation of the coverage, or are contrary to any provision of the statutes of the State of Nebraska or of any rule or regulation adopted and promulgated thereunder. The director shall have an additional thirty days to examine the proposed policies, certificates of insurance, notices of proposed insurance, applications for insurance, endorsements, and riders upon notifying the issuing company within the first thirty-day period that such additional time is needed.
Terms Used In Nebraska Statutes 44-1708
- Company: shall include any corporation, partnership, limited liability company, joint-stock company, joint venture, or association. See Nebraska Statutes 49-801
- Director: shall mean the Director of Insurance. See Nebraska Statutes 44-103
- Insurer: shall include all companies, exchanges, societies, or associations whether organized on the stock, mutual, assessment, or fraternal plan of insurance and reciprocal insurance exchanges. See Nebraska Statutes 44-103
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
(2) If the director notifies the insurer that the form is disapproved, it shall be unlawful thereafter for such insurer to issue or use such form. In such notice, the director shall specify the reason for his or her disapproval and state that a hearing will be granted within twenty days after request in writing by the insurer. The request shall be received by the director not more than ten days after the date of the notice of disapproval. No such policy, certificate of insurance, notice of proposed insurance, application, endorsement, or rider shall be issued or used until the expiration of thirty days after it has been so filed or until the expiration of the additional thirty days provided in this section, unless the director shall give his or her prior written approval thereto.
(3) The director may, at any time after a hearing held not less than twenty days after written notice to the insurer, withdraw his or her approval of any such form for any reason set forth in subsection (1) of this section. The written notice of such hearing shall state the reason for the proposed withdrawal.
(4) It shall be unlawful for an insurer to issue or use such forms after the effective date of such withdrawal.