What is Nebraska's law on standard of review (erisa)?

De novo unless the plan grants discretion; then abuse-of-discretion applies. (Firestone v. Bruch, 489 U.S. 101 (1989))

Nebraska law

Long-Term Disability & ERISA Laws in Nebraska.

Most private long-term disability (LTD) insurance is employer-sponsored and governed by ERISA, which preempts state contract and bad-faith claims. ERISA claims must exhaust internal appeals and are reviewed under a deferential standard if the plan grants discretion. Individual (non-ERISA) policies are governed by Nebraska contract law and may support first-party common-law bad-faith claims under *Braesch v. Union Insurance*. Punitive damages are constitutionally barred.

Last verified: 2026-04-17

State law

Key Nebraska Statutes

ERISA Preemption29 U.S.C. § 1144

ERISA preempts state-law breach of contract and bad-faith claims for employer-sponsored LTD plans.

Individual Policy First-Party Bad FaithBraesch v. Union Ins. Co., 237 Neb. 44 (1990)

For non-ERISA individual LTD policies, Nebraska recognizes common-law bad-faith refusal to pay. Punitive damages constitutionally barred.

Standard of Review (ERISA)Firestone v. Bruch, 489 U.S. 101 (1989)

De novo unless the plan grants discretion; then abuse-of-discretion applies.

State law

Official Sources

U.S. Department of Labor — EBSA Nebraska Department of Insurance

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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Long-Term Disability & ERISA Laws in Nebraska.

Key Nebraska Statutes

Official Sources

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