Nebraska law

Insurance Disputes Laws in Nebraska.

Nebraska insurance law includes the Unfair Insurance Claims Settlement Practices Act (Neb. Rev. Stat. § 44-1538 et seq.), which prohibits specified unfair claim settlement practices. Nebraska does NOT recognize a private cause of action under the UICSPA — enforcement is through the Department of Insurance. Nebraska recognizes common-law first-party bad faith (*Braesch v. Union Insurance*, 1990) requiring proof of absence of reasonable basis for denial and knowledge of that absence. Punitive damages are constitutionally prohibited.

Last verified: 2026-04-17

State law

Key Nebraska Statutes

Unfair Insurance Claims Settlement Practices ActNeb. Rev. Stat. § 44-1538 et seq.

Prohibits specified unfair claims settlement practices including misrepresenting policy provisions and failing to investigate. Enforcement is by the Department of Insurance — no private cause of action.

Common-Law First-Party Bad FaithBraesch v. Union Insurance Co., 237 Neb. 44 (1990)

Nebraska recognizes a tort of bad-faith refusal to pay first-party claims. Requires proof that (1) there was no reasonable basis for denial and (2) the insurer knew of or recklessly disregarded the absence of a reasonable basis. Punitive damages not available (constitutional bar).

Uninsured / Underinsured MotoristNeb. Rev. Stat. § 44-6401 et seq.

Nebraska requires uninsured/underinsured motorist coverage at minimum limits (25/50). Rejection must be in writing.

Nebraska Insurance CodeNeb. Rev. Stat. Chapter 44

Comprehensive regulatory framework administered by the Nebraska Department of Insurance.

State law

Official Sources

Nebraska Department of Insurance Nebraska Legislature

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Nebraska.

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Insurance Disputes Laws in Nebraska.

Key Nebraska Statutes

Official Sources

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