20-101. Department of insurance and financial institutions; definition A. The department of insurance and financial institutions is established and shall be administered by the director of the department of insurance and financial institutions. B. The department shall be known as " DIFI" . C. In this title, unless the context otherwise requires, " commission" or […]
20-101.01. Deputy director The director shall appoint a deputy director of the insurance division of the department to assist the director with the execution of the laws of this state relating to insurance. The deputy director serves at the pleasure of the director and reports directly to the director.
20-102. Definition of director In this title, title 6, title 32, chapters 9 and 36, title 41, chapter 31 and title 44, chapter 2.1, unless the context otherwise requires: 1. " Director" or " administrator" means the director of the department of insurance and financial institutions. 2. When used with reference to a member of […]
20-103. Definition of insurance; exceptions A. For the purposes of this title, except as otherwise provided, " insurance" is a contract by which one undertakes to indemnify another or to pay a specified amount on determinable contingencies. B. Private ambulance service contracts or private fire protection service contracts are not insurance, and this title does […]
20-104. " Insurer" defined " Insurer" includes every person engaged in the business of making contracts of insurance.
20-105. " Person" defined " Person" includes an individual, company, insurer, association, organization, society, reciprocal or inter-insurance exchange, partnership, syndicate, business trust, corporation and entity.
20-106. Acts constituting the transaction of business; definition A. " Transact" with respect to insurance includes any of the following: 1. Solicitation and inducement. 2. Preliminary negotiations. 3. Effectuation of a contract of insurance. 4. Transaction of matters subsequent to effectuation of the contract and arising out of it. B. Any of the following acts […]
20-107. Limitation on transaction of insurance; exception A. No person shall transact a business of insurance in this state, or relative to a subject of insurance resident, located or to be performed in this state, without complying with the applicable provisions of this title. B. No provision of this title shall be deemed to require […]
20-108. Types of insurers excepted This title does not apply with respect to: 1. Hospital and medical service corporations, except as stated in chapter 4, article 3 of this title. 2. Fraternal benefit societies and associations or orders as defined in section 20-861, except as stated in chapter 4, article 4 of this title. 3. […]
20-108.01. Extended warranty insurers; deposit with state treasurer; powers and duties; definition A. Every extended warranty insurer shall deposit with the state treasurer and maintain on deposit for the benefit and protection of any person purchasing such extended warranty or guaranty in the event of insolvency of the extended warranty insurer under its contract with […]
20-109. Existing licenses A. The expiration dates of certificates of authority and licenses in force immediately prior to January 1, 1955 and lawfully existing under any law repealed by Laws 1954, chapter 64, article 29, are extended as follows: 1. Licenses or certificates of authority of insurers shall expire on April 1, 1955. 2. Licenses […]
20-110. Secondary sources A secondary source on insurance, including any legal treatise, scholarly publication, textbook or other explanatory text, does not constitute the law or public policy of this state and is not authoritative if the secondary source purports to create, eliminate, expand or restrict a cause of action, right or remedy or if it […]
20-112. Existing actions or violations Repeal by this title of any law shall not affect or abate any right accrued, action or proceeding commenced, or any unlawful act committed under such law, prior to January 1, 1955, and punishment or deprivation of license or authority as a consequence thereof as provided by such laws, but […]
20-113. Construction of particular and general provisions Provisions of this title relative to a particular kind of insurance or a particular type of insurer or to a particular matter shall prevail over provisions relating to insurance in general or insurers in general or to such matter in general.
20-114. Violations; classification In addition to any other penalty applicable thereto, either under this title or otherwise, violation of any provision of this title is a class 2 misdemeanor and shall be punishable as such where no other penalty is provided therefor.
20-115. Department jurisdiction over certain health care providers; exception; examination; disclosure A. Any person or other entity, including a provider sponsored organization that operates under the Medicare-plus-choice program established under the balanced budget act of 1997 (42 United States Code sections 1395w-21 through 1395w-28 and title XVIII, part C of the social security act, sections […]
20-116. Surety bonds; cash deposit as alternative Any provision in this title that requires a person to post a surety bond to guarantee the performance of a legal obligation is subject to the provisions of section 35-155 pertaining to accepting a cash deposit as an alternative to a surety bond.
20-117. Definitions In this title, unless the context otherwise requires: 1. " Deliver" means to cause to be provided, sent or handed over to the intended recipient. 2. " Health care services organization" has the same meaning prescribed in section 20-1051. 3. " Private passenger motor vehicle" means any vehicle that is rated or insured […]
20-118. Prohibition; definitions A. A person subject to this title shall not restrict or prohibit, by means of a policy or contract, whether written or otherwise, a licensed health care professional’s good faith communication with the health care professional’s patient concerning the patient’s health care or medical needs, treatment options, health care risks or benefits. […]
20-119. Charitable gift annuities; audited financial statements; disclosure statement; commissions prohibited; definitions A. On the day a charitable organization enters into an agreement for a charitable gift annuity, the charitable organization shall have: 1. A minimum of three hundred thousand dollars in unrestricted cash, cash equivalents or publicly traded securities, exclusive of assets funding the […]
