DEFENDANTS ON BAIL BONDS
Frequently Asked Questions

Question: Have the Amwest/Far West bail bonds been cancelled?

Answer: Yes, all bail bonds that were active as of December 9, 2001 at 11:59 p.m. CST have been cancelled as required by Nebraska statutes and as a result of the Liquidation of Amwest/Far West.

Question: Why is Nebraska involved?

Answer: Because both Amwest and Far West are incorporated under the laws of the state of Nebraska.

Question: Who are Amwest Surety Insurance Company and Far West Insurance Company?

Answer: These are insurance companies that backed and underwrote thousands of bail bonds written by bail agents in over 40 states.

Question: Now that the bail bonds are cancelled, does this mean that the bond is exonerated?

Answer: Cancellation means that Amwest/Far West is no longer obligated to the court on the bond and Amwest / Farwest has no further liability beyond the cancellation date

Question: I am a defendant who was bailed out of jail on an Amwest/Far West bail bond. What does cancellation mean to me and my court case?

Answer: It means that Amwest/Far West is no longer obligated to the court on the bond. We urge you to immediately contact your attorney and arrange to appear before the judge so that the court can make an appropriate order in relation to the cancellation of your bail bond. Failure to do so may result in the issuance of a warrant for your arrest.

Question: What about bail bonds that were ordered forfeited by a court prior to the December 9, 2001 cancellation?

Answer: These are considered to be valid forfeitures and all customary steps will be taken by the court, the bail agent and law enforcement to address the matter. Since these are valid forfeitures, it is our opinion that the bail agent still retains the right to apprehend the defendant. If you are a defendant whose bond has been forfeited you should return to court and should also contact your bail agent.

Question: If as a result of the cancellation, the defendant is ordered to post a new bail bond, will Amwest/Farwest pay the premium?

Answer: If premium is paid for a replacement bond the, the person who paid the premium may file a proof of claim with the Liquidator for the premium attributable to the replacement of the cancelled bond(s). This claim must be filed in accordance with the Proof of Claim process described elsewhere. At this time, the Liquidator cannot predict what amount, if any, will ultimately be approved or paid on this or any other type of claim.

Question: If the defendant chooses to have a new bail bond written, may the premium be paid from collateral being held by the agent that indemnifies the Amwest/Far West bail bond?

Answer: No, not without prior approval from the agent that holds the collateral. Furthermore, we believe the judge should first acknowledge the cancellation of the Amwest/Far West bail bond.

Question: If collateral was pledged to obtain my Amwest/Far West bail bond, how will I get it back?

Answer: The fact that the bail bond was cancelled does not necessarily mean that the collateral can be released. The best case would be for the court to react to the cancellation process by ordering the bail bond exonerated. However, we realize that not all judges will issue such an order. In all cases, the judge needs to have to have taken some action acknowledging the cancellation. Some examples of this would be, for example, if the court orders the defendant released upon his own recognizance, or orders the defendant rebailed. In these cases, we will consider the bond to have been discharged. In addition, you must have satisfied all legal or contractual obligations between yourself and your bail agent. You should contact your bail agent for further guidance and assistance.

Question: As a result of the cancellation of the bail bonds, is the person who paid the agent the original premium for the Amwest/Far West bail bond entitled to a refund of that premium?

Answer: No. under the terms of the bond itself and also under applicable state laws, premiums for bail bonds are fully earned upon release of the defendant from custody.

Question: What if my bail bond was ordered exonerated by the judge at the completion of my required court appearances prior to the cancellation date of December 9, 2001?

Answer: The cancellation does not effect you.

Omni Dental Associates, Inc

• Order of Supervision and List of Requirements to Abate Supervision
• Petition for Order of Liquidation and Request for Injunctive Relief
• Order of Liquidation and Injunction
• Proof of Claim Form
• Liquidator’s Application to Terminate Liquidation Proceedings and Discharge Liquidator
• Order Terminating Liquidation Proceedings and Discharging Liquidator

Global Receivership Information Database (GRID) Reports

Acceptance Insurance Company (In Rehabilitation)

• Order of Rehabilitation
• Order of Supervision and List of Requirements to Abate Supervision - Notice of Hearing

American Growers Insurance Company (In Liquidation)

• Articles of Dissolution
• Amended Order for Liquidation, Declaration of Insolvency Injunction
• Proof of Claim Form Instructions
• Proof of Claim Form
• Notice of Liquidation of American Growers Insurance Company
• Order for Liquidation, Declaration of Insolvency Injunction
• Petition for Order for Liquidation, Declaration of Insolvency, and Request for Injunction
• Notice of Hearing on Petition for Order for Liquidation, Declaration of Insolvency, and Request for Injunction

Amwest Insurance Company (In Liquidation)

• Link to Amwest Surety Insurance Company web site
• FAQ's Concerning Amwest and Far West Bonds
• Notice Regarding Cancellation of Bail Bonds Issued by Far West or Amwest
• Order Nunc Pro Tunc - Amwest Surety Insurance Company
• Amwest Notice of June 26, 2001 - To All Policyholders, Principals, Obligees, and Agents of Amwest Surety Insurance Company
• Order for the Liquidation of Amwest Surety Insurance Company
• Order Terminating Liquidation Proceedings and Discharging Liquidator

Far West Insurance Company (In Liquidation)

• Link to Far West Insurance Company web site
• FAQ's Concerning Amwest and Far West Bonds
• Order Denying Application for Extension of Cancellation Date of Bail Bonds
• General Notice Regarding Far West Cancellation of Policies and Bonds Other Than Bail
• Notice Regarding Cancellation of Bail Bonds Issued by Far West or Amwest
• Order for the Liquidation and Injunction of Far West Insurance Company

The Protective National Insurance Company of Omaha (In Liquidation)

• Articles of Dissolution and Closing Order of the Protective National Insurance Company of Omaha June 20, 2012
• Notice of Liquidation of the Protective National Insurance Company of Omaha April 5, 2004
• Order of Liquidation, Declaration of Insolvency and Injunction February 18, 2004
• Petition for Order of Liquidation and Request for Injunction February 18, 2004
• Waiver and Consent to Order of Liquidation, Declaration of Insolvency and Injunction February 18, 2004

The Legal Division's primary responsibilities include preparing Department of Insurance regulations, bulletins, and legal interpretations, representing the Department in administrative hearings, and processing applications by domestic insurers for certificates of authority, mergers, acquisitions, and domestications. This Division also renders legal advice on policy form approvals, financial transactions, investments, and agreements entered into by insurers, as well as coordinating legislative matters.

Enforcement of compliance with the Nebraska insurance statutes and Department of Insurance regulations by all insurers, insurance producers, brokers, and all others licensed by the Department of Insurance, as well as unauthorized entities, is performed by the Legal Division. As counsel for the Department, the Legal Division acts as a liaison with the Attorney General's Office regarding all pending litigation and/or appeals from administrative rulings.

Additionally, the Legal Division acts as counsel for the Director in connection with the supervision, rehabilitation, or liquidation of domestic insurance companies, and advises the Director in connection with the operation of the Nebraska Property and Liability Insurance Guaranty Association, the Nebraska Life and Health Insurance Guaranty Association, the Medical Malpractice Excess Liability Fund, and the Comprehensive Health Insurance Pool.

Legal Division Staff

Procedures for Purchasing Securities for Deposit

1. Contact one of the depository banks on the list below and arrange to purchase securities for depository purposes. Be sure to advise the bank that this is to be pledged to the Nebraska Department of Insurance.
2. The securities pledged must be in the name of the company and Nebraska Department of Insurance.
3. The securities that are most often pledged are U.S. Treasury Notes, however, any security which is registered in the NAIC Valuations of Securities Database will be acceptable. Nebraska requires $100,000.00 market value (HMO's deposit requirement is $300,000.00) to be deposited. Pursuant to Neb.Rev.Stat. §44-150 the required amount for security deposits is subject to retaliation.
4. Upon completion of the purchase, the bank is required to send to the Nebraska Department of Insurance the original safekeeping or joint custody trust receipt which gives a description of the security including the maturity date, rate and amount. Our Department will maintain this receipt in our files.
5. The Department of Insurance will send to the company a Nebraska Departmental receipt, which the company will maintain until the securities are to be released.
6. When the company wishes to release the securities, they must return the Departmental receipt to our office for authorization of release to the bank. The company should also provide our department with a description of the securities that will be used to replace the released securities.
7. The Department will then forward to the bank the safekeeping receipt or joint custody trust receipt authorizing the release of the securities.

Any questions regarding these procedures should be directed to Lori Bruss at 402-471-4045.

All of the aforementioned requirements and fees are subject to retaliation.

List of Approved Depositories

Although the Department of Insurance does not rate the financial condition of insurance companies, there are many private rating services that conduct financial analyses and grade insurance companies. Each rating service uses its own criteria. Private ratings are only opinions and carry no guarantee of accuracy. However, such ratings can provide you with some information about how private analysts view the financial condition of particular insurance companies.

You can obtain those ratings via the internet. Many local libraries also subscribe to Best's Insurance Reports. When checking with a rating agency, look for an explanation of its criteria so that you fully understand the rating assigned to a particular company. You might also want to compare prior year ratings for that company. Listed below are five rating services which can provide rating information on insurance companies.

• A.M. Best
• Demotech,Inc
• Fitch
• Moody's
• Standard & Poor's
• TheStreet.com Ratings

The above links to other web sites are not maintained by the Department of Insurance. Also, a link to another web site does not represent an endorsement of that site by this Department.

Insurance Companies

Company Application

The Nebraska Department of Insurance accepts the "Uniform Certificate of Authority Application" from companies seeking a certificate of authority to write the business of insurance in Nebraska. The "Uniform Certificate of Authority Application" allows foreign insurers to file copies of the same application for admission in numerous states. Instructions to complete the forms are included with each form. This application can be accessed at www.naic.org/industry_ucaa.htm. (Nebraska has no state specific requirements.)

The pre-admission review fee is $1,000 and is subject to retaliation. The fee should be paid online through this link. 

In addition, management needs to be familiar with the Nebraska Insurance Laws and have the experience and qualifications necessary to conduct the business of insurance. The Nebraska Insurance Laws (Chapter 44) can be accessed at https://nebraskalegislature.gov/laws/browse-chapters.php?chapter=44

If you should have specific questions regarding the Nebraska Insurance Laws or the requirements for establishment of a domestic company, please contact our Legal Division at (402) 471-2201.
 

Company Corporate Amendments 

The Nebraska Department of Insurance requires the use of the "Uniform Certificate of Authority Corporate Amendment Applicant" for the filing of company changes. The "Uniform Certificate of Authority Corporate Amendment Application" allows foreign insurers to file copies of the same application for numerous states in which they are licensed. Instructions to complete the forms are included with the link to the application at https://content.naic.org/industry/ucaa. 

The fees associated with the corporate amendment can be found at this link, https://doi.nebraska.gov/insurers/schedule-company-fees-taxes-and-deposits. These fees are retaliatory and should be paid online through this link.
 

Requesting Certificates 

To request a Certificate of Authority, Certificate of Compliance, Certificate of Deposit or Certificate of Valuation, go to the following link, indicate which certificate type you want, and the quantity.
 

Advisory Organization/Statistical Agent 

• See Neb.Rev.Stat. §44-7518 to 44-7523
• Application Form 
• Renewal Form
   

Health Maintenance Organizations (HMO's)

In addition to the "Uniform Certificate of Authority Application" accessed at www.naic.org/industry_ucaa.htm, please refer to Neb.Rev.Stat. §44-32,117 for additional licensing requirements. (The Health Maintenance Organization Act begins at Neb.Rev.Stat. §44-3292).

Legal Service Insurance Corporations (See Neb.Rev.Stat. §44-3301)
 

Multiple Employer Welfare Arrangement

• Multiple Employer Welfare Arrangement (MEWAS) Application for Certificate of Registration
• Multiple Employer Welfare Arrangement (MEWAS) Annual Renewal

Motor Club Service Company

• Motor Club Application for Certificate of Authority
• Indemnity Bond Required of a Motor Club Service Company
• Motor Club Annual Renewal
   

Pharmacy Benefit Manager

• Pharmacy Benefit Manager licensure and Regulation Act
• Pharmacy Benefit Manager Application 
• Pharmacy Benefit Manager Renewal Form
   

Pre-Paid Dental Service Plans (See Neb.Rev.Stat.§44-3801)

Pre-Need Seller Application and Forms

Pre-Paid Limited Health Service Organizations (See Neb.Rev.Stat.§44-4701)

• Requirements for Application for Certificate of Authority for Pre-Paid Limited Health Service Organizations
• Notice to Applicants for PLHSO License to Bid on HHS Medicaid Contract 

Purchasing Groups

• Purchasing Group Notice and Registration
• Purchasing Group Registration Annual Renewal

Risk Retention Groups

Nebraska follows the standard NAIC Risk Retention Group Registration format. The Risk Retention and Purchasing Group Handbook is available from the NAIC Insurance Products & Services Division.

• Risk Retention Group - Notice and Registration

Third Party Administrator

• TPA Licensing Requirements
• TPA Application Sample
• TPA Application for Certificate of Authority
• TPA Annual Statement Link 
• TPA Annual Statement Information
• TPA Sample Annual Statement

Viatical Reports

• Viatical Settlement Provider Application
• Viatical Settlement Provider Annual Renewal
• Viatical Individual Mortality Annual Report
• Viatical Settlement Report for Nebraska
• Viatical Settlement Provider Mortality Report
• Viatical Settlement Provider Renewal Report Instructions - Portal

Discount Medical Plan Organizations (See Neb.Rev.Stat.§44-8301)

Discount medical plan means a business arrangement or contract in which a person, in exchange for fees, dues, charges, or other consideration, offers access for its members to providers of medical or ancillary services and the right to receive discounts on medical or ancillary services provided under the discount medical plan from those providers.

• Discount Medical Plan Application for Certificate of Registration
• Discount Medical Plan Organization Annual Renewal
• Discount Medical Plan Application Example
• Discount Medical Plan Renewal Form Example

2014 Summary of Insurance Business in Nebraska

Individual Company Totals

2015 Summary of Insurance Business in Nebraska

Individual Company Totals

2022 Summary of Insurance Business in Nebraska

2021 Summary of Insurance Business in Nebraska

2020 Summary of Insurance Business in Nebraska

2019 Summary of Insurance Business in Nebraska

2018 Summary of Insurance Business in Nebraska

2017 Summary of Insurance Business in Nebraska

2016 Summary of Insurance Business in Nebraska

2015 Summary of Insurance Business in Nebraska

2014 Summary of Insurance Business in Nebraska

Insurers and Advisory Organizations

NOTE: Per SS 44-150 Nebraska is a retaliatory state and all fees, premium taxes, deposits, and other charges will be charged at the rate in Nebraska Law or the rate charged by the domiciliary state, whichever is higher.

Contact Persons: