44-7516. Use of nonadmitted insurers by exempt commercial policyholders.

(1) The director shall adopt and promulgate rules and regulations to allow exempt commercial policyholders to be exempt from those provisions of sections 44-5510 and 44-5511 that require, as a condition for the purchase of insurance from a nonadmitted insurer, that applicants demonstrate an inability to obtain insurance from a licensed insurer. Such exemption shall not apply to workers' compensation insurance, excess workers' compensation insurance, or automobile liability insurance, except that such exemption may apply to automobile liability insurance purchased as excess insurance over a policy that provides limits that are at least equal to the minimum limits of liability required by section 60-534.

(2) The rules and regulations adopted and promulgated pursuant to this section may establish requirements and thresholds that differ by line or type of insurance or that differ from the requirements and thresholds for exemption from rate and policy form requirements adopted and promulgated pursuant to section 44-7515.

(3) In addition to the factors specified in section 44-7515, the director shall consider the following in making a determination of the requirements and thresholds that will apply:

(a) The relationship of deductibles, self-insured retentions, and limits of liability purchased by insureds versus the protection provided by the Nebraska Property and Liability Insurance Guaranty Association;

(b) The characteristics of insureds likely to be able to evaluate the ability of a nonadmitted insurer to meet its policy obligations; and

(c) The characteristics of insureds likely to be able to resolve policy and claims disputes that they may have with a nonadmitted insurer.

(4) The rules and regulations may not exempt any policyholder with total premiums of less than one hundred thousand dollars for lines of insurance subject to the Property and Casualty Insurance Rate and Form Act.

Source