Current through September 17, 2024
Section 210-60-005 - Misrepresentation of policy provisions005.01 No agent or insurer shall knowingly misrepresent or conceal from first party claimants, any pertinent benefits, coverages, or other provisions of any insurance policy or insurance contract when such benefits, coverages or other provisions are pertinent to a claim.005.02 A claim shall not be denied on the basis of failure to exhibit property unless there is documentation of a breach of the policy provisions present in the claim file.005.03 No insurer shall deny a claim based upon the failure of a first party claimant to give written notice of loss within a specific time limit unless the written notice requirement is a written policy condition, or the first party claimant's failure to give written notice after being requested to do so is so unreasonable as to constitute a breach of the claimant's contractual duty to cooperate with the insurer.005.04 No insurer shall indicate to a first party claimant on a payment draft, check or in any accompanying letter that said payment is "final" or is "a release" of any claim(s) unless such is the case, or the policy limit has been paid, or there has been a compromise settlement agreed to by the first party claimant and the insurer as to coverage and amount payable under the contract.005.05 No insurer shall issue checks or drafts in partial settlement of a loss or claim under a specific coverage that contains language purporting to release the insurer or its insured from total liability.210 Neb. Admin. Code, ch. 60, § 005