(1) No notice of cancellation of a policy to which section 44-515 applies shall be effective unless mailed by registered mail, certified mail, or first-class mail using intelligent mail barcode or another similar tracking method used or approved by the United States Postal Service to the named insured at least thirty days prior to the effective date of cancellation, except that if cancellation is for nonpayment of premium, at least ten days' notice of cancellation accompanied by the reason therefor shall be given. The requirements of this subsection shall apply to a cancellation initiated by a premium finance company for nonpayment of premium.
(2) Unless the reason accompanies or is included in the notice of cancellation, the notice of cancellation shall state or be accompanied by a statement that upon written request of the named insured, mailed or delivered to the insurer not less than twenty-five days prior to the effective date of cancellation, the insurer will specify the reason for such cancellation. The insurer shall, upon such written request of the named insured, mailed or delivered to the insurer not less than twenty-five days prior to the effective date of cancellation, specify in writing the reason for such cancellation. Such reason shall be mailed or delivered to the named insured within five days after receipt of such request.
(3) For purposes of sections 44-514 to 44-521:
(a) An insurer's substitution of insurance upon renewal which results in substantially equivalent coverage shall not be considered a cancellation of a policy; and
(b) The transfer of a policyholder between insurers within the same insurance group shall be considered a cancellation only if the transfer results in policy coverage or rates substantially less favorable to the insured.
(4) Subsections (1) and (2) of this section shall not apply to nonrenewal.
Notes of Decisions
Saunders v. Mittlieder, 237 N.W.2d 838 (Neb. 1976).
· cites it 8× “Appellee argues that this case is controlled by section 44-516, R. R. S. 1943, which provides, so far as material herein, as follows: “(1) No notice of cancellation of a policy to which section 44-515 applies shall be effective unless mailed by registered or certified mail to…”
Glockel v. State Farm Mut. Auto. Ins., 361 N.W.2d 559 (Neb. 1985).
· cites it 14× “01 and 44-358), State Farm argues in its brief that § 44-516 applies only to cancellation and not to rescission of an automobile liability policy, and defines cancellation as a termination of the policy, while rescission is defined as meaning the avoiding of the insurance policy…”
Sampson v. State Farm Mut. Ins., 286 N.W.2d 746 (Neb. 1980).
· cites it 4× “That section, by its terms, does not apply to nonrenewal. There was no cancellation of the policy in this case.”
City of Columbus v. Swanson, 708 N.W.2d 225 (Neb. 2005).
· cites it 11× “2000) provided: No notice of cancellation of a policy to which section 44-515 applies shall be effective unless mailed by registered or certified mail to the named insured at least thirty days prior to the effective date of cancellation, except that if cancellation is for…”
Glockel v. State Farm Mut. Auto. Ins., 400 N.W.2d 250 (Neb. 1987).
· cites it 2× “Neb. Rev. Stat. § 44-516 (Reissue 1984) provides in relevant part: “(1) No notice of cancellation of a policy to which section 44-515 applies shall be effective unless mailed by registered or certified mail to the named insured at least thirty days prior to the effective date of…”
Barnes v. Am. Stand. Ins. Co. of Wis., 297 Neb. 331 (Neb. 2017).
· cites it 29× “There is no requirement in Neb. Rev. Stat. § 44-516 (Reissue 2010) that the insured actually receive notice.”
Struve Enter., Inc. v. Travelers Ins., 500 N.W.2d 580 (Neb. 1993).
· cites it 2× “2d 746 (1980) (construing Neb. Rev. Stat. § 44-516 (Reissue 1988), which required 10 days’ notice of cancellation for nonpayment of automobile insurance premiums, as being inapplicable to a termination of the policy through expiration of the policy period).”
Conover v. Dairyland Ins., 265 N.W.2d 222 (Neb. 1978).
· cites it 2× “1943, and the method by which notice of cancellation must be given, § 44-516, R. R. S. 1943. See, also, Saunders v.”
Brouilette v. DBV Enter., Inc., 619 N.W.2d 482 (Neb. Ct. App. 2000).
· cites it 2× “2d 746 (1980), wherein the court construed Neb. Rev. Stat. § 44-516 (1943), which required 10 days’ notice of cancellation for nonpayment of automobile insurance premiums, as being inapplicable to a termination of the policy through expiration of the policy period.”
— Neb. Rev. Stat. § 44-516(1) — 3 cases
City of Columbus v. Swanson, 708 N.W.2d 225 (Neb. 2005).
“2000) provided: No notice of cancellation of a policy to which section 44-515 applies shall be effective unless mailed by registered or certified mail to the named insured at least thirty days prior to the effective date of cancellation, except that if cancellation is for…”
Glockel v. State Farm Mut. Auto. Ins., 361 N.W.2d 559 (Neb. 1985).
“01 and 44-358), State Farm argues in its brief that § 44-516 applies only to cancellation and not to rescission of an automobile liability policy, and defines cancellation as a termination of the policy, while rescission is defined as meaning the avoiding of the insurance policy…”
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