44-214 Stock insurance company; capital stock and surplus requirements; lines of insurance authorized; additional requirements.
44-214. Stock insurance company; capital stock and surplus requirements; lines of insurance authorized; additional requirements.(1) Except as provided in section 44-202.01, no stock insurance company shall, on and after August 25, 1989, transact any line of insurance specified in section 44-201 in this state unless it maintains a capital stock, actually paid in cash or invested as provided by law, of at least one million dollars, nor shall it, on or 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 maintains a capital stock, actually paid in cash or invested as provided by law, of at least two million dollars. No stock insurance company shall, on and after August 25, 1989, begin to transact any line of insurance as specified in section 44-201 unless it has a surplus of at least one million dollars, nor shall it, on and after such date, begin to 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 a surplus of at least two million dollars.(2) The provisions of subsection (1) of this section shall be considered minimum requirements. Stock 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. SourceLaws 1913, c. 154, § 86, p. 430; R.S.1913, § 3223; Laws 1919, c. 190, tit. V, art. V, § 9, p. 610; C.S.1922, § 7822; Laws 1925, c. 123, § 1, p. 324; C.S.1929, § 44-409; Laws 1935, c. 98, § 1, p. 326; C.S.Supp.,1941, § 44-409; R.S.1943, § 44-214; Laws 1949, c. 141, § 1, p. 365; Laws 1957, c. 177, § 1, p. 610; Laws 1965, c. 253, § 2, p. 716; Laws 1967, c. 262, § 3, p. 703; Laws 1974, LB 919, § 1; Laws 1989, LB 92, § 61; Laws 1993, LB 583, § 39; Laws 1994, LB 978, § 15; Laws 1999, LB 258, § 1. Cross ReferencesInsurers and Health Organizations Risk-Based Capital Act, see section 44-6001. AnnotationsUnder prior law, setting the subscription price of the capital stock of a former mutual company at one hundred twenty-five percent of par so as to provide the surplus required by the statute, was at most a mere irregularity. Leininger v. North Am. Nat. Life Ins. Co., 115 Neb. 801, 215 N.W. 167 (1927).