STATE LAW – NEBRASKA LIBRARY – GUIDE 09
Nebraska Claims Handling & Insurance Bad Faith
Nebraska regulates insurer investigation, communication, coverage decisions and settlement conduct through statutes, regulations and common-law duties.
Nebraska recognizes first-party insurer bad faith
Braesch v. Union Insurance recognizes first-party bad faith when an insurer in bad faith refuses to settle or pay its own insured’s covered claim and direct loss results.
Regulatory standards and the tort are distinct
Section 44-1540 supplies regulatory claims-practice standards. Those standards inform conduct analysis but are analytically distinct from the common-law tort.
Qualifying insured status matters
Millard Gutter addresses current standing principles and reinforces that the relationship between claimant and insurer matters to a first-party bad-faith theory.
Preserve the decision-time claim record
Preserve notice, acknowledgment, investigation requests, responses, coverage letters, offers, denials and the evidence available when each insurer decision was made.
Authority map
Nebraska authorities for this topic
Use the linked statutes, rules and opinions with the applicable policy and date of loss. An official index locates opinions; secondary-host text does not complete source custody or citator review.
Citizen crossroads