Nebraska Revised Statutes
Neb. Rev. Stat. § 44-710.14 (2026)
Sickness and accident insurance; falsity of application; effect
✓ current as of July 2026
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The falsity of any statement in the application for any policy of sickness and accident insurance covered by sections 44-709 to 44-767 may not bar the right to recovery thereunder unless such false statement materially affected either the acceptance of the risk or the hazard assumed by the insurer.
Notes of Decisions
Cited in 6
cases, 1966–1986 · leading case: Zimmerman v. Cont'l Cas. Co., 150 N.W.2d 268 (Neb. 1967).
Zimmerman v. Cont'l Cas. Co., 150 N.W.2d 268 (Neb. 1967). “The provision was recodified in 1957 and now appears as section 44-710.14, R.R.S.1943 and provides: "The falsity of any statement in the application for any policy covered by this act may not bar the right to recovery thereunder unless such false statement materially affected…”
Glockel v. State Farm Mut. Auto. Ins., 361 N.W.2d 559 (Neb. 1985). “2d 268 (1967), held that § 44-358 was a general statute which applied to all insurance policies and must be read in pari materia with the provisions of Neb.Rev.Stat. § 44-710.14 (Reissue 1984), which was adopted in 1957 and applied only to sickness and accident insurance…”
Farm Bureau Life Ins. v. Luebbe, 358 N.W.2d 754 (Neb. 1984). “2d 268 (1967), that the provisions of Neb. Rev. Stat. § 44-710.14 (Reissue 1978), applying only to sickness and accident insurance, were to be read in pari materia with the provisions of Neb.”
White v. Medico Life Ins., 327 N.W.2d 606 (Neb. 1982). “*905 Neb. Rev. Stat. § 44-710.14 (Reissue 1978) provides that the falsity of any statement in an application for insurance, such as those here in question, may not bar the right to recovery thereunder unless such false statement materially affected either the acceptance of the…”
Equitable Life Assurance Soc'y v. Joiner, 384 N.W.2d 636 (Neb. 1986). “14 provides that a misrepresentation which materially affects either acceptance of the risk or the hazard assumed by the insurer defeats coverage.”
Corrigan v. Fireman's Fund Ins. Co., 141 N.W.2d 170 (Neb. 1966). “Defendant takes comfort from section 44-710.14, R. R. S. 1943, which provides: “The falsity of any statement in the application for any policy covered by this act may not bar the right to recovery thereunder unless such false statement materially affected either the acceptance…”
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