Key Takeaways
- The Nebraska Department of Insurance regulates all insurance activities under Nebraska Revised Statutes Chapter 44
- The Director of Insurance is appointed by the Governor and confirmed by the Legislature
- Nebraska uses a file-and-use system for most property and casualty insurance rates
- The Department handles licensing, rate review, market conduct examinations, and consumer complaints
- Consumer Services Hotline: (877) 564-7323 for insurance questions and complaints
Nebraska Department of Insurance
The Nebraska Department of Insurance (NDOI) is the state agency responsible for regulating the Property & Casualty insurance industry in Nebraska. The Department ensures fair insurance practices, financial stability of insurers, and protection of Nebraska consumers.
The Director of Insurance
The Nebraska Director of Insurance is:
- Appointed by the Governor
- Confirmed by the Nebraska Legislature
- Serves at the pleasure of the Governor
- Responsible for enforcing Nebraska Revised Statutes Chapter 44 (Insurance Code)
- Authorized to adopt regulations, review rates, investigate violations, and discipline licensees
Director Powers and Duties
| Power | Description |
|---|---|
| Licensing | Issue, suspend, revoke, and refuse producer and company licenses |
| Rate Review | Review and approve P&C insurance rate filings |
| Market Conduct | Examine insurer business practices and compliance |
| Financial Oversight | Monitor insurer solvency and financial condition |
| Enforcement | Investigate and prosecute insurance law violations |
| Consumer Protection | Handle complaints and protect policyholders |
| Rulemaking | Adopt regulations interpreting Nebraska Insurance Law |
| Examination | Conduct financial and market conduct examinations |
Department Structure
Key Divisions
| Division | Responsibilities |
|---|---|
| Consumer Affairs | Complaints, inquiries, consumer education |
| Producer Licensing | License applications, renewals, appointments |
| Company Licensing | Insurer admission and regulation |
| Financial Examinations | Insurer solvency monitoring |
| Market Regulation | Compliance examinations, enforcement |
| Legal Division | Administrative hearings, enforcement actions |
Regulatory Authority
Nebraska Revised Statutes Chapter 44
The Department's authority comes from NRS Chapter 44, which covers:
- Insurance company licensing and regulation
- Producer licensing requirements
- Rate and form filing requirements
- Trade practice regulations
- Consumer protection provisions
- Penalties and enforcement procedures
Regulatory Framework
Nebraska's insurance regulatory framework includes:
- Statutes - Laws passed by the Nebraska Legislature
- Regulations - Rules adopted by the Department
- Bulletins - Director guidance on specific issues
- Orders - Individual enforcement actions
Rate Regulation
Nebraska uses a file-and-use system for most P&C insurance:
How File-and-Use Works
- Insurers develop rates based on actuarial data
- Rates filed with the Department before use
- Rates can be used immediately upon filing
- Department reviews rates for compliance
- Department can disapprove rates after review
Rate Standards
Rates must be:
- Not Excessive - Not unreasonably high
- Not Inadequate - Sufficient to cover losses and expenses
- Not Unfairly Discriminatory - Based on actuarial justification
Prior Approval Required
Some insurance lines require prior approval:
- Title insurance rates
- Workers' compensation rates
- Credit insurance rates
Exam Tip: Nebraska's file-and-use system allows insurers to implement rates quickly while maintaining regulatory oversight. The Department can disapprove rates found to be excessive, inadequate, or unfairly discriminatory.
Consumer Protection
Consumer Services Division
The Consumer Services Division helps Nebraska residents with:
- Insurance questions and information
- Complaint investigation and resolution
- Insurance fraud reporting
- Coverage verification assistance
Contact Information
| Resource | Details |
|---|---|
| Consumer Hotline | (877) 564-7323 (toll-free) |
| Local Phone | (402) 471-2201 |
| Website | doi.nebraska.gov |
| doi.consumer@nebraska.gov | |
| Address | 1526 K Street, Suite 200, Lincoln, NE 68508 |
Complaint Process
- File Complaint - Online, mail, or phone
- Department Review - Initial assessment within 10 days
- Investigation - Department contacts insurer
- Resolution - Mediation or formal action
- Appeal - Administrative hearing if needed
Consumer Bill of Rights
Nebraska consumers have the right to:
- Clear explanation of coverage and costs
- Timely claims handling and payment
- Fair treatment regardless of demographics
- File complaints without retaliation
- Receive written explanation of claim denials
Nebraska Guaranty Associations
Property and Liability Insurance Guaranty Association
If a P&C insurer becomes insolvent:
- Guaranty association pays covered claims
- Maximum claim payment: $300,000 per claim
- Funded by assessments on admitted insurers
- Does not cover surplus lines insurers
Key Provisions
| Provision | Details |
|---|---|
| Coverage Trigger | Insurer declared insolvent by court |
| Claim Limit | $300,000 per covered claim |
| Deductible | $100 deductible may apply |
| Excluded | Surplus lines, ocean marine, certain large commercial |
Exam Tip: Know that Nebraska's Guaranty Association protects policyholders when insurers fail, but has limits and exclusions. Surplus lines policies are NOT covered.
Market Conduct Regulation
Examinations
The Department conducts market conduct examinations to ensure:
- Proper claims handling practices
- Accurate rating and underwriting
- Compliant advertising and marketing
- Appropriate policy forms and endorsements
- Consumer protection compliance
Common Violations
| Violation | Potential Penalty |
|---|---|
| Unfair claims practices | Fines, license action |
| Rate deviations | Fines, rate correction |
| Unlicensed sales | Criminal charges |
| Misrepresentation | License revocation |
| Rebating | License revocation, fines |
How is the Nebraska Director of Insurance selected?
What rate filing system does Nebraska use for most Property & Casualty insurance?
What is the maximum claim payment under the Nebraska Property and Liability Insurance Guaranty Association?