No policy of insurance against
liability arising under the Nebraska Workers' Compensation Act shall be issued
and no agreement pursuant to section 44-4304 providing group self-insurance
coverage of workers' compensation liability by a risk management pool shall
have any force or effect unless it contains the agreement of the workers'
compensation insurer or risk management pool that it will promptly pay to
the person entitled to the same all benefits conferred by such act, and all
installments of the compensation that may be awarded or agreed upon, and that
the obligation shall not be affected by the insolvency or bankruptcy of the
employer or his or her estate or discharge therein or by any default of the employer after the injury, or by any default
in the giving of any notice required by such policy, or otherwise. Such agreement
shall be construed to be a direct promise by the workers' compensation insurer
or risk management pool to the person entitled to compensation enforceable
in his or her name. Each workers' compensation insurance policy and each agreement
forming a risk management pool shall be deemed to be made subject to the Nebraska
Workers' Compensation Act. No corporation, association, or organization shall
enter into a workers' compensation insurance policy unless copies of such
forms have been filed with and approved by the Department of Insurance. Each
workers' compensation insurance policy and each agreement pursuant to section 44-4304 providing group self-insurance coverage of workers' compensation liability
by a risk management pool shall contain a clause to the effect (1) that as
between the employer and the workers' compensation insurer or risk management
pool the notice to or knowledge of the occurrence of the injury on the part
of the employer shall be deemed notice
or knowledge, as the case may be, on the part of the insurer or risk management
pool, (2) that jurisdiction of the employer for the purpose of
such act shall be jurisdiction of the insurer or risk management pool, and
(3) that the insurer or risk management pool shall in all things be bound
by the awards, judgments, or decrees rendered against such employer.
Except when the Professional Employer Organization Registration Act allows
coverage to be limited to co-employees as specified in a professional employer
agreement, each workers' compensation insurance policy and each
agreement providing such group self-insurance coverage shall include within
its terms the payment of compensation to all employees who are within the
scope and purview of the Nebraska Workers' Compensation Act, including potential new or unknown employees.
Notes of Decisions
Thomas v. Omega Re-Bar, Inc., 451 N.W.2d 396 (Neb. 1990).
· cites it 16× “Section 48-146 provides that all policies insuring the payment of compensation under the Nebraska Workers' Compensation Act must contain a clause to the effect that jurisdiction of the insured for the purpose of the act is jurisdiction of the insurer and that the insurer is…”
Martinez v. Cmr Constr. & Roofing of Texas, 302 Neb. 618 (Neb. 2019).
· cites it 2× “Third, the record shows that Texas Mutual was never authorized by the compensation court, pursuant to § 48-146, to issue insurance for workers' compensation purposes in Nebraska.”
Prendergast v. Nelson, 256 N.W.2d 657 (Neb. 1977).
· cites it 4× “See, for instance, section 48-146, R.R.S. 1943, relating to workmen's compensation insurance, which provides in part: "No policy of insurance against liability arising under this act shall be issued unless it contains the agreement of the insurer that it will promptly pay to the…”
Risor v. Nebraska Boiler, 744 N.W.2d 693 (Neb. 2008).
· cites it 3× “” 20 Section 48-146(3) provides that each workers’ compensation policy shall contain a clause providing that the insurer “shall in all things be bound by the awards, judgments, or decrees rendered against such insured.”
Rodriquez v. Prime Meat Processors, 421 N.W.2d 32 (Neb. 1988).
· cites it 4× “The provisions of Neb.Rev.Stat. § 48-146 (Cum.Supp.1986), requiring that policies insuring liability arising under the Nebraska Workers' Compensation Act provide that jurisdiction over the insured shall be jurisdiction over the insurer and that the insurer shall in all things be…”
Neeman v. Otoe Cnty., 183 N.W.2d 269 (Neb. 1971).
· cites it 5× “§§ 48-146 and 48-145, R. R. S. 1943. The form of policy approved by the insurance department provides that it may be canceled by the insured by surrender thereof to the company or any of its authorized agents, or by mailing written notice to the company stating when thereafter…”
Novotny v. City of Omaha, 299 N.W.2d 757 (Neb. 1980).
· cites it 2× “surance of the injured employee, or any contribution or other benefit whatsoever, due to or received by the person entitled to such compensation, and the person so entitled shall, irrespective of any insurance or other contract, have the right to recover the same directly from…”
Kruid v. Farm Bureau Mut. Ins. Co., 770 N.W.2d 652 (Neb. Ct. App. 2009).
· cites it 2× “Pursuant to Neb.Rev.Stat. § 48-146 (Reissue 2004), all workers' compensation insurance policies "shall include within their terms the *658 payment of compensation to all employees, officers, or workers who are within the scope and purview of the .”
Ramsey v. Kramer Motors, Inc., 52 N.W.2d 799 (Neb. 1952).
· cites it 2× “In this connection section 48-146, R. S. Supp., 1951, contains the following: “* * * jurisdiction of the insured for the purpose of this act shall be jurisdiction of the insurer, and * * * that the insurer shall in all things be bound by the awards, judgments, or decrees…”
Miller v. Com. Contractors Equip., Inc., 711 N.W.2d 893 (Neb. Ct. App. 2006).
· cites it 2× “We recognize that the employer’s compensation insurer is clearly a proper party in workers’ compensation litigation because the insurer is bound by the “ ‘awards, judgments, or decrees rendered against such insured’ ” under Neb.”
— Neb. Rev. Stat. § 48-146(3) — 1 case
Risor v. Nebraska Boiler, 744 N.W.2d 693 (Neb. 2008).
“” 20 Section 48-146(3) provides that each workers’ compensation policy shall contain a clause providing that the insurer “shall in all things be bound by the awards, judgments, or decrees rendered against such insured.”
— Neb. Rev. Stat. § 48-146(g) — 1 case
— Neb. Rev. Stat. § 48-146(m) — 1 case
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