No insurance company shall issue in this state any policy or contract of insurance containing a provision, stipulation or agreement that such policy shall be construed according to the laws of any other state or country, or any provision limiting the time within which an action may be brought to less than the regular period of time prescribed by the statutes of limitations of this state, unless otherwise prescribed by this chapter.
Notes of Decisions
Hiram Scott Coll. v. Ins. Co. of North Am., 188 N.W.2d 688 (Neb. 1971).
· cites it 12× “" Section 44-357, R.R.S.1943, provides: "No insurance company shall issue in this state any policy or contract of insurance containing * * * any provision limiting the time within which an action may be brought to less than the regular period of time prescribed by the statutes…”
Wulf v. Farm Bureau Ins. Co. of Nebraska, 205 N.W.2d 640 (Neb. 1973).
· cites it 10× “- It' contains (lines 157 to 161) a provision for a 1-year statute of limitations, which provision is not in conformity with section 44-357, R. R. S. 1943,. which provides that no insurance company shall issue in this state any policy or contract -of insurance containing any…”
Brodine v. Blue Cross Blue Shield, 724 N.W.2d 321 (Neb. 2006).
· cites it 4× “any provision limiting the time within which an action may be brought to less than the regular period of time prescribed by the statutes of limitations of this state, unless otherwise prescribed by this chapter.”
First Sec. Bank & Trust v. New Hampshire Ins., 441 N.W.2d 188 (Neb. 1989).
· cites it 3× “The trial court treated the defendant’s motion as a general demurrer and found that coverage was limited to losses discovered within the bond period, that the provisions of the bonds regarding proof of loss were mandatory, that the plaintiff’s allegations that it was excused…”
Eric Hayes v. Metro Prop. & Cas., 908 F.3d 370 (8th Cir. 2018).
“" Neb. Rev. Stat. § 44-357 . A provision in Hayes's policy prescribes a one-year limitations period.”
Brodine v. Blue Cross Blue Shield of Ne, 724 N.W.2d 321 (Neb. 2006).
· cites it 4× “any provision limiting the time within which an action may be brought to less than the regular period of time prescribed by the statutes of limitations of this state, unless otherwise prescribed by this chapter.”
Rhodes v. Cont'l Ins. Co., 141 N.W.2d 415 (Neb. 1966).
“” § 44-357, R. R. S. 1943. In the construction of statutes on the same subject a special statute ordinarily controls a general one.”
Diers v. Econ. Premier Assurance Co., No. 8:20-cv-00144 (D. Neb. Jan. 10, 2022).
· cites it 2× “The language of Neb. Rev. Stat. Ann. § 44-357 (West) claim for actual damages, which is two years from the date of the loss.”
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