Within the intent of this chapter, the business of apportioning and distributing losses arising from specified causes among all those who apply and are accepted to receive the benefits of such service, is public in character, and requires that all those having to do with it shall at all times be actuated by good faith in everything pertaining thereto, shall abstain from deceptive or misleading practices, and shall keep, observe and practice the principles of law and equity in all matters pertaining to such business. Upon the insurer, the insured, and their representatives, shall rest the burden of maintaining proper practices in said business.
Notes of Decisions
Cited in
9
cases (
1 in the last 5 years), 1939–2023 · leading case:
Braesch v. Union Ins., 464 N.W.2d 769 (Neb. 1991).
Braesch v. Union Ins., 464 N.W.2d 769 (Neb. 1991).
· cites it 2× “In fact, the Nebraska Legislature has declared: [T]he business of apportioning and distributing losses arising from specified causes among all those who apply and are accepted to receive the benefits of such service, is public in character, and requires that all those having to…”
Callahan v. Brant, 990 N.W.2d 1 (Neb. 2023).
· cites it 2× “See Neb. Rev. Stat. § 44-101 (Reissue 2021). 11 See German Ins.”
Equity Mut. Ins. v. Allstate Ins., 209 N.W.2d 592 (Neb. 1973).
· cites it 2× “1943, provides that the business of insurance “is public in character, and requires that all those having to do with it * * * shall abstain from deceptive or misleading practices, and shall keep, observe and practice the principles of law and equity in all matters pertaining to…”
Renter v. Siedenburg, 739 N.W.2d 216 (Neb. Ct. App. 2007).
· cites it 2× “” *891 In addition, as the trial court found, insurance companies are authorized to do business in this state pursuant to laws relating to insurance — Neb. Rev. Stat. § 44-101 et seq. (Reissue 2004 & Cum.”
State ex rel. Smrha v. Cosmopolitan Old Line Life Ins., 287 N.W. 654 (Neb. 1939).
· cites it 2× “*842 Such obviously must have been the intent of the legislature when it provided, in section 44-101, Comp. St. 1929, that the insurance business “is public in character, and requires that all those having to do with it shall at all times be actuated by good faith in everything…”
State ex rel. Smrha v. Cosmopolitan Old Line Life Ins., 291 N.W. 72 (Neb. 1940).
· cites it 2× “Section 44-101, Comp. St. 1929, defines insurance as follows: “ ‘Insurance’ is a contract whereby one party called the ‘insurer,’ for a consideration undertakes to pay money or its equivalent, or to do an act valuable to another party called the ‘insured’ or to his ‘beneficiary’…”
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