§ 44-802 — Assessments; how determined; by whom made

Nebraska § 44-802

• Jurisdiction: Nebraska
• Ch. 44: Insurance

Text

All assessments shall be determined by proper classification and rating of the risks which an assessment association may assume, so that every member may be assessed in a proper proportion to his risk. The method of estimating the pro rata amount of each member's liability for losses and his share of the expenses shall be fixed in the bylaws, which may provide for assessments for not more than one year in advance in accordance with the amount estimated by the board of directors to be necessary to meet the losses and expenses of the association for such period; Provided, any assessment association maintaining the same reserves, surplus, and contingency funds as are required of a stock or mutual company licensed to transact the same kind or kinds of business, may make advance assessments for periods longer than one year at the discretion of its board of directors.

Legislative History

Source: Laws 1913, c. 154, § 125, p. 463; R.S.1913, § 3262; Laws 1919, c. 190, tit. V, art. X, § 2, p. 644; C.S.1922, § 7861; C.S.1929, § 44-902; Laws 1935, c. 95, § 1, p. 318; Laws 1939, c. 51, § 1, p. 220; C.S.Supp.,1941, § 44-902; R.S.1943, § 44-802; Laws 1951, c. 145, § 1, p. 587. Annotations: Amendment to statute providing for assessments for future losses is not applicable to contract made before amended statute went into effect, and defendant was authorized to levy assessments only for losses which had occurred, together with necessary expenses. Ehlers v. Farmers Mutual Ins. Co., 130 Neb. 368, 264 N.W. 894 (1936). Under prior law, assessments must be levied by board of directors subject to limitations expressed, which are to be construed as on annual basis and only for losses actually accrued at date assessment levied, and future anticipated losses or expenses may not be covered by assessments. Hobza v. State Farmers Ins. Co., 125 Neb. 776, 252 N.W. 214 (1934). Officers and directors, members of mutual assessment association, against which compensation is claimed for employee's death, are disqualified as witnesses to transaction or conversation between them and deceased against latter's legal representative. Priest v. Business Men's Protective Assn., 117 Neb. 198, 220 N.W. 255 (1928). Under facts herein, insurance company was not an assessment association. Western Life & Accident Co. v. State Ins. Board, 101 Neb. 152, 162 N.W. 530 (1917).