Insurance companies generally may not take a loss on any one risk above 10% of surplus to policyholders; a narrow class of farm-property assessment associations has a lower policy limit.
Except as otherwise provided by law, no insurance company shall expose itself to any loss on any one risk in an amount exceeding ten percent of its surplus to policyholders as reflected by the last annual statement of the company, except that domestic assessment associations organized for the primary purpose of writing insurance coverage on farm properties and which write such insurance in less than thirty-one counties in Nebraska shall not write any policy for an amount in excess of one-eighth of one percent of its insurance in force. The term loss shall mean the incremental decrease in surplus resulting from payment of a claim equal to the maximum liability of the insurer on any one risk. The term any one risk shall mean, in the case of property insurance, all properties insured by the same insurance company which are customarily considered by underwriters to be subject to loss or destruction from the same hazard or occurrence except hazards or occurrences of a catastrophic nature. The term surplus to policyholders shall mean the amount obtained by subtracting, from the admitted assets, actual liabilities, including any reserves which by law must be maintained. In the case of a stock company, surplus to policyholders shall also include the paid-up and outstanding capital stock. Any reinsurance taking effect simultaneously with the policy or bond shall be deducted in determining whether any one risk or policy exceeds the limitation of risk or policy prescribed in this section. This section shall not be applicable to workers' compensation or employers liability insurance or to any policy or type of coverage as to which the maximum possible loss to the insurance company is not ascertainable on issuance of the policy. History: Laws 1913, c. 154, § 88, p. 431; R.S.1913, § 3225; Laws 1919, c. 190, tit. V, art. V, § 11, p. 611; C.S.1922, § 7824; C.S.1929, § 44-411; Laws 1935, c. 98, § 2, p. 326; C.S.Supp.,1941, § 44-411; R.S.1943, § 44-222; Laws 1957, c. 179, § 1, p. 618; Laws 1959, c. 197, § 1, p. 704; Laws 1986, LB 811, § 16; Laws 1987, LB 416, § 18; Laws 1989, LB 92, § 68; Laws 1994, LB 978, § 17.