(1) Applicants for a motor vehicle dealer's license, trailer dealer's license, or motorcycle dealer's license shall furnish, at the time of making application, a corporate surety bond in the penal sum of fifty thousand dollars.
(2) Applicants for a motor vehicle auction dealer's license shall, at the time of making application, furnish a corporate surety bond in the penal sum of not less than one hundred thousand dollars. The bond shall be on a form prescribed by the Attorney General of the State of Nebraska and shall be signed by the Nebraska registered agent. The bond shall provide: (a) That the applicant will faithfully perform all the terms and conditions of such license; (b) that the licensed dealer will first fully indemnify any holder of a lien or security interest created pursuant to section 60-164 or article 9, Uniform Commercial Code, whichever applies, in the order of its priority and then any person or other dealer by reason of any loss suffered because of (i) the substitution of any motor vehicle or trailer other than the one selected by the purchaser, (ii) the dealer's failure to deliver to the purchaser a clear and marketable title, (iii) the dealer's misappropriation of any funds belonging to the purchaser, (iv) any alteration on the part of the dealer so as to deceive the purchaser as to the year model of any motor vehicle or trailer, (v) any false and fraudulent representations or deceitful practices whatever in representing any motor vehicle or trailer, (vi) the dealer's failure to remit the proceeds from the sale of any motor vehicle which is subject to a lien or security interest to the holder of such lien or security interest, and (vii) the dealer's failure to pay any person or other dealer for the purchase of a motor vehicle, motorcycle, trailer, or any part or other purchase; and (c) that the motor vehicle, motorcycle, motor vehicle auction, or trailer dealer or wholesaler shall well, truly, and faithfully comply with all the provisions of his or her license and the acts of the Legislature relating to such license. The aggregate liability of the surety shall in no event exceed the penalty of such bond.
Notes of Decisions
Durand v. W. Sur. Co., 514 N.W.2d 840 (Neb. 1994).
· cites it 14× “At the time of the plaintiff's injury, Daisy Motors was licensed as a used-car dealer by the State of Nebraska and was required by Neb.Rev.Stat. § 60-1419 (Reissue 1988) to have a motor vehicle dealer's bond in the amount of $25,000.”
Havelock Bank of Lincoln v. W. Sur. Co., 352 N.W.2d 855 (Neb. 1984).
· cites it 12× “The district court held: (1) That Surety was liable, under its bond to the Bank, for $14,500, plus interest and costs, under Neb. Rev. Stat. § 60-1419 (Reissue 1978).”
Darr v. Long, 313 N.W.2d 215 (Neb. 1981).
· cites it 4× “dealer shall well, truly, and faithfully comply with all the provisions of his license and the acts of the Legislature____” Neb. Rev. Stat. § 60-1419 (Reissue 1978).”
First Nat'l Bank v. Union Ins., 522 N.W.2d 168 (Neb. 1994).
· cites it 17× “On May 13, 1991, FNB filed a lawsuit in the Scotts Bluff County Court against Union, an insurance/bonding company which had issued a motor vehicle dealer’s bond to Kizzier pursuant to Neb. Rev. Stat. § 60-1419 (Reissue 1993).”
Tomlinson v. Camel City Motors, Inc., 408 S.E.2d 853 (N.C. 1991).
· cites it 4× “Under Neb.Rev.Stat. § 60-1419, a motor vehicle dealer is required to furnish a surety bond to indemnify any person for "any loss suffered" because of fraudulent practices.”
Adams Bank & Trust v. Empire Fire & Marine Ins., 506 N.W.2d 52 (Neb. 1993).
· cites it 3× “The bond was issued pursuant to Neb. Rev. Stat. § 60-1419 (Reissue 1988), which provides in part that a licensed dealer will fully indemnify any person or other dealer by reason of any loss suffered because of the dealer’s misappropriation of any funds belonging to a purchaser.”
Adams Bank & Trust v. Empire Fire & Marine Ins., 455 N.W.2d 569 (Neb. 1990).
· cites it 3× “The bond at issue in this case was obtained pursuant to Neb. Rev. Stat. § 60-1419 (Reissue 1988), which provides: Applicants for a motor vehicle dealer’s license, trailer dealer’s license, or motorcycle dealer’s license shall, at the time of making application, furnish a…”
Paus Motor Sales, Inc. v. W. Sur. Co., 572 N.W.2d 403 (Neb. Ct. App. 1997).
· cites it 12× “PROCEDURAL BACKGROUND On October 20, 1995, Paus filed a petition against Western, seeking to recover under the motor vehicle dealer’s bond that Western issued to Haning in accordance with Neb. Rev. Stat. § 60-1419 (Reissue 1993).”
— Neb. Rev. Stat. § 60-1419(2) — 3 cases
Havelock Bank of Lincoln v. W. Sur. Co., 352 N.W.2d 855 (Neb. 1984).
“The district court held: (1) That Surety was liable, under its bond to the Bank, for $14,500, plus interest and costs, under Neb. Rev. Stat. § 60-1419 (Reissue 1978).”
First Nat'l Bank v. Union Ins., 522 N.W.2d 168 (Neb. 1994).
“On May 13, 1991, FNB filed a lawsuit in the Scotts Bluff County Court against Union, an insurance/bonding company which had issued a motor vehicle dealer’s bond to Kizzier pursuant to Neb. Rev. Stat. § 60-1419 (Reissue 1993).”
Paus Motor Sales, Inc. v. W. Sur. Co., 572 N.W.2d 403 (Neb. Ct. App. 1997).
“PROCEDURAL BACKGROUND On October 20, 1995, Paus filed a petition against Western, seeking to recover under the motor vehicle dealer’s bond that Western issued to Haning in accordance with Neb. Rev. Stat. § 60-1419 (Reissue 1993).”
— Neb. Rev. Stat. § 60-1419(2)(c) — 3 cases
Havelock Bank of Lincoln v. W. Sur. Co., 352 N.W.2d 855 (Neb. 1984).
“The district court held: (1) That Surety was liable, under its bond to the Bank, for $14,500, plus interest and costs, under Neb. Rev. Stat. § 60-1419 (Reissue 1978).”
Adams Bank & Trust v. Empire Fire & Marine Ins., 455 N.W.2d 569 (Neb. 1990).
“The bond at issue in this case was obtained pursuant to Neb. Rev. Stat. § 60-1419 (Reissue 1988), which provides: Applicants for a motor vehicle dealer’s license, trailer dealer’s license, or motorcycle dealer’s license shall, at the time of making application, furnish a…”
Paus Motor Sales, Inc. v. W. Sur. Co., 572 N.W.2d 403 (Neb. Ct. App. 1997).
“PROCEDURAL BACKGROUND On October 20, 1995, Paus filed a petition against Western, seeking to recover under the motor vehicle dealer’s bond that Western issued to Haning in accordance with Neb. Rev. Stat. § 60-1419 (Reissue 1993).”
— Neb. Rev. Stat. § 60-1419(2)(e) — 1 case
First Nat'l Bank v. Union Ins., 522 N.W.2d 168 (Neb. 1994).
“On May 13, 1991, FNB filed a lawsuit in the Scotts Bluff County Court against Union, an insurance/bonding company which had issued a motor vehicle dealer’s bond to Kizzier pursuant to Neb. Rev. Stat. § 60-1419 (Reissue 1993).”
— Neb. Rev. Stat. § 60-1419(2)(f) — 1 case
First Nat'l Bank v. Union Ins., 522 N.W.2d 168 (Neb. 1994).
“On May 13, 1991, FNB filed a lawsuit in the Scotts Bluff County Court against Union, an insurance/bonding company which had issued a motor vehicle dealer’s bond to Kizzier pursuant to Neb. Rev. Stat. § 60-1419 (Reissue 1993).”
— Neb. Rev. Stat. § 60-1419(3) — 1 case
Durand v. W. Sur. Co., 514 N.W.2d 840 (Neb. 1994).
“At the time of the plaintiff's injury, Daisy Motors was licensed as a used-car dealer by the State of Nebraska and was required by Neb.Rev.Stat. § 60-1419 (Reissue 1988) to have a motor vehicle dealer's bond in the amount of $25,000.”
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