44-4908 Violations; penalties; action for damages; construction of act. - Nebraska Statutes

44-4908. Violations; penalties; action for damages; construction of act.(1) If the director determines that the managing general agent or any other person has not materially complied with the Managing General Agents Act, any rule or regulation adopted or promulgated thereunder, or any order issued thereunder, after notice and opportunity to be heard in accordance with the Administrative Procedure Act, the director may:(a) For each separate violation, order a penalty in an amount not exceeding five thousand dollars;(b) Order revocation or suspension of the agent's or broker's license; and(c) If it was found that because of such material noncompliance that the insurer has suffered any loss or damage, maintain a civil action brought by or on behalf of the insurer and its policyholders and creditors for recovery of damages for the benefit of the insurer and its policyholders and creditors and other appropriate relief.(2) If an order of rehabilitation or liquidation of the insurer has been entered pursuant to the Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act, and the receiver appointed under the order determines that the managing general agent or any other person has not materially complied with the Managing General Agents Act, any rule or regulation adopted and promulgated thereunder, or any order issued thereunder, and the insurer suffered any loss or damage therefrom, the receiver may maintain a civil action for recovery of damages and other appropriate relief for the benefit of the insurer.(3) This section shall not affect the right of the director to impose any other penalties provided for in Chapter 44.(4) The Managing General Agents Act is not intended to and shall not in any manner limit or restrict the rights of policyholders, claimants, and auditors. SourceLaws 1990, LB 1136, § 119; Laws 1993, LB 583, § 110. Cross ReferencesAdministrative Procedure Act, see section 84-920.Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act, see section 44-4862.