2006 Nebraska Revised Statutes - § 44-135 — Foreign company; certificate of authority; required; personal jurisdiction.

Section 44-135
Foreign company; certificate of authority; required; personal jurisdiction.

Any foreign or alien insurance company or association, before it shall do any business in this state, shall procure a certificate of authority to do business in this state as provided by the laws of the State of Nebraska. Procuring such a certificate shall constitute sufficient contact with this state for the exercise of personal jurisdiction over the company or association in any action arising out of its activities in this state.

Source:

Laws 1913, c. 154, § 14, p. 404

R.S.1913, § 3150

Laws 1919, c. 190, tit. V, art. III, § 7, p. 582

C.S.1922, § 7751

Laws 1929, c. 123, § 1, p. 468

C.S.1929, § 44-207

Laws 1935, c. 103, § 1, p. 336

Laws 1937, c. 99, § 1, p. 346

C.S.Supp.,1941, § 44-207

R.S.1943, § 44-135

Laws 1983, LB 447, § 53

Annotations:

Compliance with this section constitutes a voluntary acceptance of its provisions. Pupkes v. Sailors, 183 Neb. 784, 164 N.W.2d 441 (1969).

Service under this section on foreign insurance company is proper in reviving stay bond which has become dormant. Baker Steel & Machinery Co. v. Ferguson, 137 Neb. 578, 290 N.W. 499 (1940).

The Director of the Department of Insurance is the statutory agent for the service of process on foreign insurance companies. Maixner v. Travelers Ins. Co., 133 Neb. 574, 276 N.W. 163 (1937).

Under former law, an insurance company against whom a judgment had been obtained by service of summons upon the Auditor of Public Accounts was entitled to equitable relief in a federal court against such judgment where the company had been prevented from defending the suit by the auditor's failure to send the summons to the company. National Surety Co. v. State Bank of Humboldt, 120 F. 593 (8th Cir. 1903).

~Reissue Revised Statutes of Nebraska