Nebraska § 44-219 Domestic mutual company; transaction of business; policies and reserve required; additional requirements

Nebraska Statutes

§ 44-219 — Domestic mutual company; transaction of business; policies and reserve required; additional requirements

Nebraska § 44-219

Ch. 44Insurance

This text of Nebraska § 44-219 (Domestic mutual company; transaction of business; policies and reserve required; additional requirements) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 44-219 (2026).

Text

(1)(a) No domestic mutual insurance company shall begin to transact the business of insurance until (i) it has received not less than one hundred applications for insurance unless organized to write (A) workers' compensation and employers liability insurance, in which case it shall receive applications from at least twenty employers covering in the aggregate five hundred employees, or (B) the line or lines of insurance specified in subdivisions (13) and (14) of section 44-201 , in which case no application shall be required, and in addition thereto (ii) it has received in cash one annual premium for each application for insurance.

(b)Except as provided in section 44-202.01 , no mutual insurance company shall, on and after August 25, 1989, transact any line of insurance specified in sect

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(1)(a) No domestic mutual insurance company shall begin to transact the business of insurance until (i) it has received not less than one hundred applications for insurance unless organized to write (A) workers' compensation and employers liability insurance, in which case it shall receive applications from at least twenty employers covering in the aggregate five hundred employees, or (B) the line or lines of insurance specified in subdivisions (13) and (14) of section 44-201 , in which case no application shall be required, and in addition thereto (ii) it has received in cash one annual premium for each application for insurance.
(b) Except as provided in section 44-202.01 , no mutual insurance company shall, on and after August 25, 1989, transact any line of insurance specified in section 44-201 in this state unless it has and maintains a minimum surplus, in cash or invested as provided by law, of at least one million dollars, nor shall it, on and after such date, transact the line or lines of insurance specified in subdivisions (1) and (2) of section 44-201 and in addition thereto one or more lines of insurance other than those specified in subdivisions (3) and (4) of such section in this state unless it has and maintains a minimum surplus, in cash or invested as provided by law, of at least two million dollars.
(2) The provisions of subsection (1) of this section shall be considered minimum requirements. Mutual insurers holding a certificate of authority to transact business in this state shall also be subject to the requirements of the Insurers and Health Organizations Risk-Based Capital Act.

Legislative History

Source: Laws 1913, c. 154, § 87, p. 431; R.S.1913, § 3224; Laws 1919, c. 190, tit. V, art. V, § 10, p. 611; C.S.1922, § 7823; C.S.1929, § 44-410; Laws 1941, c. 84, § 1, p. 332; C.S.Supp.,1941, § 44-410; R.S.1943, § 44-219; Laws 1949, c. 142, § 1(1), p. 366; Laws 1957, c. 178, § 11, p. 616; Laws 1965, c. 253, § 3, p. 717; Laws 1967, c. 262, § 4, p. 703; Laws 1974, LB 919, § 2; Laws 1986, LB 811, § 15; Laws 1989, LB 92, § 65; Laws 1993, LB 583, § 40; Laws 1994, LB 978, § 16; Laws 1999, LB 258, § 2. Cross References: Insurers and Health Organizations Risk-Based Capital Act, see section 44-6001. Annotations: Contracts, providing for distribution of a percentage of the premiums collected annually as dividends to charter members, made in an effort to secure the number of applications required by statute before business may be commenced, are ultra vires in the absence of authority therefore in the statute or charter. Durland v. Elkhorn Life & Acc. Ins. Co., 112 Neb. 105, 198 N.W. 564 (1924).