With several significant hail storms pummeling Nebraska in the last several weeks, my colleague Larry Bache and I are receiving inquiries about claims handling statutes in Nebraska.

Writing a blog post remains the best way I know to get information to a large audience as quickly as possible, so I thought it best to start a Nebraska Coverage Series. I’ll cover additional important Nebraska property damage claims handling topics in the future, but for today I’ll focus on carrier timelines and deadlines.

15 Day Deadlines

Pursuant to the Nebraska Administrative Code, most Nebraska claims handling regulations involve "15 day deadlines." Within 15 working days of receiving the relevant communication and/or information, that is, Nebraska carriers must take the following actions:

  1. Give written claim acknowledgement to first party claimant and identify person handling claim on carrier’s behalf.1
    (After receiving claim notification)
  2. Make an appropriate reply to any communication from first party claimant that reasonably suggests a reply is expected.2
    (After receiving communication from policyholder)
  3. Provide necessary claim forms, instructions and assistance to first party claimants.3
    (After receiving claim notification or request for assistance)
  4. Initiate investigation.4
    (After receiving claim notification)
  5. Advise first party claimant in writing of acceptance or denial of the claim.5
    (After receiving settlement information or proper proof of loss)
  6. Give written notification to first party claimant that states the need and reasons for additional time to complete the claim investigation.6
    (After receiving settlement information or proper proof of loss)
  7. Provide additional written notification to first party claimant that the claim investigation remains incomplete, stating the reasons for incomplete investigation.7
    (After receiving proof of loss or other evidence of loss)8
  8. Pay portion of the claim not in dispute.9
    (After first party claimant accepts carrier’s undisputed offer)

What Does This Mean To Me?

It remains to be seen, of course, whether Nebraska policyholders’ recent hail damage claims will be properly and timely paid. While ever hopeful, recent history around the country leads us to believe that many Nebraska policyholders may face the same frustrations regarding insurance carriers undue delays, gross underpayments, and improper denials. In regard to your property damage insurance claims in Nebraska, read your policy and be aware of the statutory timelines outlined above.

Motivational Poster Of The Day

Drama


1 210 Neb. Admin. Code, § 60-006.01.
2 210 Neb. Admin. Code, § 60-006.03.
3 210 Neb. Admin. Code, § 60-006.04.
4 210 Neb. Admin. Code, § 60-006.07.
5 210 Neb. Admin. Code, § 60-008.01.
6 210 Neb. Admin. Code, § 60-008.02.
7 210 Neb. Admin. Code, § 60-008.02.
8 Regulation specifies "unless other time is specified in the insurance policy"
9 210 Neb. Admin. Code, § 60-008.04.

 

  • Heather

    Thank you for this post. I found myself drawn to it because you mentioned the hail in Nebraska and I’m trying to find comfort and guidance like many regarding how my claim is being handled.

    I’m fighting with my insurance carrier regarding the interior water intrusion that my SUV sustained from the hail. The adjuster failed to inspect the interior of the vehicle. After his inspection I found that my floor boards throughout the vehicle were wet, as well as standing water in the spare wheel well within the cargo floorboard. I took photos of the dents made by hail to the cargo floorboard covering as well as the standing water and sent them to my claims representative and adjuster. After dropping the vehicle off to the body shop I was told that windows were opened to get rid of the “smell” and to allow it to dry out after condensation built up on the remaining windows and crash tape covering the windows that had been blown out. I brought up concerns with safety when it comes to the electrical components of the vehicle, as well as mold, rust, and the fact that dealership advised issues that arise as of a direct result of the water intrusion would be voided from my extended warranty. The photos of the standing water and my concerns have been dismissed. The body shop also stressed my concerns and was also dismissed because the adjuster feels, “it’s not of concern.” Airing out my vehicle is not bringing my vehicle back to it’s condition prior to the hail storm. They are paying over $11,000.00 in exterior physical damages but interior water is far more damaging and is my primary concern.

    Can this be considered improper denial of damages?