The purpose of the Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act is to protect the interests of insureds, claimants, creditors, and the public with minimum interference with the normal prerogatives of the owners and managers of insurers through:
(1) Early detection of any potentially dangerous condition in an insurer and prompt application of appropriate corrective measures;
(2) Improved methods for rehabilitating insurers involving the cooperation and management expertise of the insurance industry;
(3) Enhanced efficiency and economy of liquidation, through clarification of the law, to minimize legal uncertainty and litigation;
(4) Equitable apportionment of any unavoidable loss;
(5) Lessening the problems of interstate rehabilitation and liquidation by facilitating cooperation between states in the liquidation process and by extending the scope of personal jurisdiction over debtors of the insurer outside this state;
(6) Regulation of the insurance business by the impact of the law relating to delinquency procedures and substantive rules on the entire insurance business; and
(7) Providing for a comprehensive scheme for the supervision, rehabilitation, and liquidation of insurers and those subject to the act as part of the regulation of the business of insurance, insurance industry, and insurers in this state. Proceedings in cases of insurer insolvency and delinquency are deemed an integral aspect of the business of insurance and are of vital public interest and concern.
The act shall be liberally construed to effect the purposes enumerated in this section and shall not be interpreted to limit the powers granted the director by other provisions of the law.
Notes of Decisions
State Ex Rel. Wagner v. Gilbane Bldg. Co., 757 N.W.2d 194 (Neb. 2008).
· cites it 3× “However, for the reasons discussed, we conclude that *205 the district court erred in granting summary judgment with respect to the initial payment made in January 2001, more than 4 months before the filing of the petition.”
Hobbs v. Midwest Ins., Inc., 570 N.W.2d 525 (Neb. 1997).
· cites it 3× “Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act, Neb. Rev. Stat. §§ 44-4801 to 44-4861 (Cum.”
State Ex Rel. Wagner v. Amwest Sur. Ins. Co., 738 N.W.2d 813 (Neb. 2007).
· cites it 3× “The statement made in Land’s affidavit is simply too lacking in specificity and foundation, and was made too late in these proceedings, to contradict Sunhouse’s evidence that it did not receive the notice required by law.”
State Ex Rel. Wagner v. Kay, 722 N.W.2d 348 (Neb. Ct. App. 2006).
· cites it 4× “The court observed that the Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act, Neb. Rev. Stat. § 44-4801 et seq. (Reissue 2004), vests extensive authority in the Liquidator in the administration of an insolvent insurance company.”
State Ex Rel. Wagner v. United Nat. Ins. Co., 761 N.W.2d 916 (Neb. 2009).
· cites it 2× “The liquidator was acting pursuant to the authority granted him under the Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act, Neb. Rev.Stat. § 44-4801 et seq. (Reissue 1998) (Liquidation Act), on behalf of the insolvent insurance company, Amwest Surety Insurance…”
In Re Amwest Sur. Ins. Co., 245 F. Supp. 2d 1038 (D. Neb. 2002).
· cites it 3× “§ 44-4801(3) and (7). The Nebraska legislation emphasizes: Proceedings in cases of insurer insolvency and delinquency are deemed an integral aspect of the business of insurance and are of vital public interest and concern.”
Granite Reinsurance Co., Ltd v. Frohman (D.D.C. 2009).
· cites it 3× “n insolvent insurer, American Growers Insurance Company (“”Growers”); Grower’s liquidation and receivership proceedings are now pending in the District Court of Lancaster County, Nebraska;2 and the receivership court has exclusive jurisdiction over Granite’s claims pursuant to…”
— Neb. Rev. Stat. § 44-4801(3) — 2 cases
In Re Amwest Sur. Ins. Co., 245 F. Supp. 2d 1038 (D. Neb. 2002).
“§ 44-4801(3) and (7). The Nebraska legislation emphasizes: Proceedings in cases of insurer insolvency and delinquency are deemed an integral aspect of the business of insurance and are of vital public interest and concern.”
— Neb. Rev. Stat. § 44-4801(4) — 1 case
State Ex Rel. Wagner v. Amwest Sur. Ins. Co., 738 N.W.2d 813 (Neb. 2007).
“The statement made in Land’s affidavit is simply too lacking in specificity and foundation, and was made too late in these proceedings, to contradict Sunhouse’s evidence that it did not receive the notice required by law.”
— Neb. Rev. Stat. § 44-4801(7) — 2 cases
In Re Amwest Sur. Ins. Co., 245 F. Supp. 2d 1038 (D. Neb. 2002).
“§ 44-4801(3) and (7). The Nebraska legislation emphasizes: Proceedings in cases of insurer insolvency and delinquency are deemed an integral aspect of the business of insurance and are of vital public interest and concern.”
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