Diamond v. State

The Supreme Court affirmed the judgment of the district court upholding the order of the Nebraska Department of Insurance determining that Mark Diamond, a licensed insurance producer, had violated three provisions of the Insurance Producers Licensing Act, Neb. Rev. Stat. 44-4047 to 44-4069, and imposing an administrative fine, holding that the district court's decision conformed to the law, was supported by competent evidence, and was neither arbitrary, capricious, nor unreasonable.On appeal, Diamond argued that his confession of liability in the consent judgment did not "admit" to "fraud" within the meaning of Neb. Rev. Stat. 44-4059(1)(g). The Supreme Court disagreed after applying settled rules of statutory interpretation, holding (1) because Diamond did not report the consent judgment taken against him in another jurisdiction within thirty days of the final disposition of the civil action, he violated section 44-4065(1), and the Department had the authority to levy an administrative fine; and (2) within the meaning of section 44-4059(1)(g), Diamond's confession of liability in the consent judgment constituted an admission of fraud. View "Diamond v. State" on Justia Law