247 Neb. Admin. Code, ch. 15, § 004

Current through September 17, 2024

Section 247-15-004 - INSURER OR INSURER GROUP REQUIREMENTS

004.01Required Reporting.

Each insurer or insurer group authorized to transact the business of automobile liability insurance and issuing automobile liability insurance policies in Nebraska shall electronically file records of each primary automobile liability insurance policy issued in Nebraska insuring vehicles registered in Nebraska for inclusion in the Motor Vehicle Insurance Data Base. Insurers or insurer groups are required to report all such automobile liability insurance policies to the Department when an insurer's or insurer group's direct written premiums for automobile liability insurance policies are $100,000 or more as reported to the National Association of Insurance Commissioners for the prior calendar year and the Department has sent notification (see of these rules and regulations). The insurer or insurer groups has 90 days from the mailing date of written notification by the Department to comply with the requirements of the Motor Vehicle Insurance Data Base. When calculating when an insurer group has direct written premiums for automobile liability insurance policies, it shall be the total of such premiums for all members of the insurer group for purposes of enforcement of these regulations.

004.02Exclusions.

The following shall be excluded from reporting to the Motor Vehicle Insurance Data Base:

004.02A Any vehicle registered with the Department of Motor Vehicles, Division of Motor Carrier Services, pursuant to Neb. Rev. Stat. §§ 60-3,192 through 60-3,206;

004.02B Any person who qualifies as a self-insurer;

004.02C Trailers;

004.02D Vehicles not required to be registered (i.e., cranes, tractors, golf carts, ATV's, etc.);

004.02E Snowmobiles;

004.02F Motorboats;

004.02G Excess liability policies; and

004.02H Physical damage only policies.

004.03Optional Reporting.

The following may be voluntarily reported to the Department:

004.03A Records of automobile liability insurance policies written as commercial lines; and

004.03B Records of automobile liability insurance policies of an insurer or insurer group with direct written premiums of less than $100,000 as reported to the National Association of Insurance Commissioners for the prior calendar year.

004.04Reporting Periods and Deadlines.

004.04A Until section 004.04B is effective, all required and optional reporting insurers or insurer groups are required to electronically provide automobile liability insurance policy records to the Department. The data containing such records shall be provided monthly no later than the tenth (10th) working day of the month and no sooner than the fifth (5th) working day of the month. The data that shall be reported to the Department's Motor Vehicle Insurance Data Base shall include the record of each automobile liability insurance policy in force at the end of the prior month's processing period. This subsection shall terminate on the date 004.04B becomes effective.

004.04B This section shall be effective on the first working day of the first month 60 days after the date the Governor approves the amended version of these rules and regulations. All required and optional reporting insurers or insurer groups are required to electronically provide automobile liability insurance policy records to the Department. The data containing such records shall be provided between the first (1st) and third (3rd) working days and between the eleventh (11th) and thirteenth (13th) working days each month. The data that shall be reported to the Department's Motor Vehicle Insurance Data Base shall include the record of each automobile laibility insurance policy in force at the end of each reporting period.

004.05Change from Optional to Required Reporting.

An insurer or insurer group must begin reporting records of automobile liability insurance policies when the insurer's or insurer group's direct written premiums are $100,000 or more as reported to the National Association of Insurance Commissioners for the prior calendar year (see 004.01 and 004.03 of these rules and regulations), and the Department has sent written notification (see 005.01 of these rules and regulations). The insurer or insurer group has 90 days from the mailing date of the written notification to comply with the requirements of the Motor Vehicle Insurance Data Base.

004.06Electronic Filing Process.

Insurers or insurer groups shall provide required records pertaining to all of their respective Nebraska automobile liability insurance policies through an electronic process as prescribed by the Department in the Nebraska Insurance Reporting Guide.

004.07Compliance with Nebraska Insurance Reporting Guide.

Insurers or insurer groups required to report records pursuant to these rules and regulations are subject to the specifications and provisions as defined by the Department in the Nebraska Insurance Reporting Guide and as amended from time to time. Insurers or insurer groups authorized to transact the business of automobile liability insurance in Nebraska and which issue such insurance policies in this state, as reported to the Department by the Department of Insurance, shall be mailed a notice of amendments to the Nebraska Insurance Reporting Guide. On or before the date of amendment, the amended Nebraska Insurance Reporting Guide will be made available electronically. Insurers or insurer groups authorized to transact the business of automobile liability insurance in Nebraska and which issue such insurance policies in this state, as reported to the Department by the Department of Insurance, must comply with amendments to the Nebraska Insurance Reporting Guide within 90 days of the date of the mailed notice.

247 Neb. Admin. Code, ch. 15, § 004