Neb. Rev. Stat. » Chapter 44
Nebraska Revised Statutes

Neb. Rev. Stat. § 44-358 (2026)

Policies; misrepresentations; warranties; conditions; effect

✓ current as of July 2026
Find cases: SyfertCases citing this section NE-LEGnebraskalegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

No oral or written misrepresentation or warranty made in the negotiation for a contract or policy of insurance by the insured, or in his behalf, shall be deemed material or defeat or avoid the policy, or prevent its attaching, unless such misrepresentation or warranty deceived the company to its injury. The breach of a warranty or condition in any contract or policy of insurance shall not avoid the policy nor avail the insurer to avoid liability, unless such breach shall exist at the time of the loss and contribute to the loss, anything in the policy or contract of insurance to the contrary notwithstanding.

Notes of Decisions
Cited in 22 cases (3 in the last 5 years), 1949–2025 · leading case: Glockel v. State Farm Mut. Auto. Ins., 361 N.W.2d 559 (Neb. 1985).
Sort: Relevance Newest Treatment
Glockel v. State Farm Mut. Auto. Ins., 361 N.W.2d 559 (Neb. 1985). · cites it 54× “Whether [Neb.Rev.Stat. § 44-358 (Reissue 1984) ] is inapplicable to an automobile liability insurance policy.”
Millard Gutter Co. v. Farm Bureau Prop. & Cas. Ins. Co., 889 N.W.2d 596 (Neb. 2016). · cites it 2× “condition in any contract or policy of insurance shall not avoid the policy nor avail the insurer to avoid liability, unless such breach shall exist at the time of the loss and contribute to the loss”).”
Glockel v. State Farm Mut. Auto. Ins., 400 N.W.2d 250 (Neb. 1987). · cites it 15× “Whether, because of the provisions of [§ 44-515(l)(b)], an automobile liability insurance policy can only be cancelled for “material misrepresentations” once a policy of insurance has been issued.”
Zimmerman v. Cont'l Cas. Co., 150 N.W.2d 268 (Neb. 1967). · cites it 16× “In 1913, the Legislature adopted a statute which is now section 44-358, R.R.S. 1943, which provided: "No oral or written misrepresentation or warranty made in the negotiation for a contract or policy of insurance by the insured, or in his behalf, shall be deemed material or…”
Coppi v. West Am. Ins., 524 N.W.2d 804 (Neb. 1994). · cites it 7× “The statute reads: No oral or written misrepresentation or warranty made in the negotiation for a contract or policy of insurance by the insured, or in his behalf, shall be deemed material or defeat or avoid the policy, or prevent its attaching, unless such misrepresentation or…”
Farm Bureau Life Ins. v. Luebbe, 358 N.W.2d 754 (Neb. 1984). · cites it 4× “14 (Reissue 1978), applying only to sickness and accident insurance, were to be read in pari materia with the provisions of Neb. Rev. Stat. § 44-358 (Reissue 1978), applying to all insurance policies.”
White v. Medico Life Ins., 327 N.W.2d 606 (Neb. 1982). · cites it 2× “§ 44-358 (Reissue 1978), which provides: “No oral or written misrepresentation or warranty made in the negotiation for a contract or policy of insurance by the insured, or in his behalf, shall be deemed material or defeat or avoid the policy, or prevent its attaching, unless…”
Omaha Sky Divers Parachute Club, Inc. v. Ranger Ins., 204 N.W.2d 162 (Neb. 1973). · cites it 4× “Plaintiff relies on section 44-358, R. R. S. 1943, which provides in part: “The breach of a warranty or condition in any contract or policy of insurance shall not avoid the policy nor avail the insurer to avoid liability, unless such breach shall exist at the time of the loss…”
First Sec. Bank & Trust v. New Hampshire Ins., 441 N.W.2d 188 (Neb. 1989). · cites it 4× “2d *506 518 (1974), we held that Neb. Rev. Stat. § 44-358 (Reissue 1988) had no application to a policy provision requiring prompt notice of the occurrence of a loss.”
Nat'l Indep. Truckers Ins. v. Gadway, 860 F. Supp. 2d 946 (D. Neb. 2012). · cites it 4× “Neb. Rev.Stat. § 44-358 (2010). National relies upon the proposition that “[a] misrepresentation is material if the insurer would not have issued the policy had it been aware of the true facts.”
Wolff v. Royal Ins. Co. of Am., 472 N.W.2d 233 (S.D. 1991). · cites it 2× “It relates to the question of recovery after the loss has occurred.”
Callahan v. Brant, 990 N.W.2d 1 (Neb. 2023). · cites it 3× “19 See Neb. Rev. Stat. §§ 44-358 (Reissue 2021) (providing misrepresentation or warranty by insured may void policy when insurer was deceived to its injury) and 44-501.”
Show all 22 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.