Nebraska Revised Statutes

Neb. Rev. Stat. § 44-1538 (2026)

Terms, defined

✓ current as of July 2026
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(1) For purposes of the Unfair Insurance Claims Settlement Practices Act:

(a) Director shall mean the Director of Insurance;

(b) Insured shall mean the party named on a policy or certificate as the individual with legal rights to the benefits provided by such policy or certificate;

(c) Insurer shall mean any person, reciprocal exchange, interinsurer, Lloyds-type insurer or other similar group which includes incorporated and individual unincorporated underwriters, fraternal benefit society, and other legal entity engaged in the business of insurance, including agents, brokers, insurance consultants, adjusters, and third-party administrators. Insurer shall also mean health maintenance organizations, prepaid limited health service organizations, and dental, optometric, and other similar health service plans. For purposes of the act, all such insurers shall be deemed to be engaged in the business of insurance;

(d) Person shall mean any natural or artificial entity, including, but not limited to, an individual, partnership, limited liability company, association, trust, or corporation; and

(e) Policy or certificate shall include any contract of insurance, indemnity, or annuity issued, proposed for issuance, or intended for issuance by any insurer. Policy or certificate shall not include contracts of workers' compensation, fidelity, suretyship, or boiler and machinery insurance.

(2) The purpose of the definitions in this section is to include within the act and any rules and regulations adopted pursuant to the act all entities and activities to the extent not preempted by the federal Employee Retirement Income Security Act of 1974, as amended.

Notes of Decisions
Cited in 2 cases, 2001–2001 · leading case: J.B. Contracting Servs., Inc. v. Universal Sur. Co., 624 N.W.2d 13 (Neb. 2001).
J.B. Contracting Servs., Inc. v. Universal Sur. Co., 624 N.W.2d 13 (Neb. 2001). · cites it 2× “The district court reasoned that the purpose of the UICSPA was to “‘set forth standards for the disposition of claims arising under policies issued to residents of this state,’ ” see § 44-1537, and that § 44-1538(e), defining “policy,” states specifically that “ ‘policy or…”
JB Contracting Servs. v. UNIVERSAL SUR., 624 N.W.2d 13 (Neb. 2001). · cites it 2× “Specifically, Universal asserted that the petition was deficient because (1) it failed to allege any recoverable damage sustained by J.B. Contracting; (2) "Nebraska does not recognize claims by third-parties for bad faith against an insurer or surety"; and (3) the UICSPA does…”
— Neb. Rev. Stat. § 44-1538(1)(c) — 1 case
JB Contracting Servs. v. UNIVERSAL SUR., 624 N.W.2d 13 (Neb. 2001). “Specifically, Universal asserted that the petition was deficient because (1) it failed to allege any recoverable damage sustained by J.B. Contracting; (2) "Nebraska does not recognize claims by third-parties for bad faith against an insurer or surety"; and (3) the UICSPA does…”
— Neb. Rev. Stat. § 44-1538(e) — 2 cases
J.B. Contracting Servs., Inc. v. Universal Sur. Co., 624 N.W.2d 13 (Neb. 2001). “The district court reasoned that the purpose of the UICSPA was to “‘set forth standards for the disposition of claims arising under policies issued to residents of this state,’ ” see § 44-1537, and that § 44-1538(e), defining “policy,” states specifically that “ ‘policy or…”
JB Contracting Servs. v. UNIVERSAL SUR., 624 N.W.2d 13 (Neb. 2001). “Specifically, Universal asserted that the petition was deficient because (1) it failed to allege any recoverable damage sustained by J.B. Contracting; (2) "Nebraska does not recognize claims by third-parties for bad faith against an insurer or surety"; and (3) the UICSPA does…”
— Neb. Rev. Stat. § 44-1538(l)(c) — 1 case
J.B. Contracting Servs., Inc. v. Universal Sur. Co., 624 N.W.2d 13 (Neb. 2001). “The district court reasoned that the purpose of the UICSPA was to “‘set forth standards for the disposition of claims arising under policies issued to residents of this state,’ ” see § 44-1537, and that § 44-1538(e), defining “policy,” states specifically that “ ‘policy or…”
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