§ 44-1540 — Unfair claims settlement practice; acts and practices prohibited

Any of the following acts
or practices by an insurer, if committed in violation of section 44-1539 ,
shall be an unfair claims settlement practice:
(1) Knowingly misrepresenting to claimants and insureds relevant facts
or policy provisions relating to coverages at issue;
(2) Failing to acknowledge with reasonable promptness pertinent communications
with respect to claims arising under its policies;
(3) Failing to adopt and implement reasonable standards for the prompt
investigation and settlement of claims arising under its policies;
(4) Not attempting in good faith to effectuate prompt, fair, and equitable
settlement of claims submitted in which liability has become reasonably clear;
(5) Not attempting in good faith to effectuate prompt, fair, and equitable
settlement of property and casualty claims (a) in which coverage and the amount
of the loss are reasonably clear and (b) for loss of tangible personal property
within real property which is insured by a policy subject to section 44-501.02
and which is wholly destroyed by fire, tornado, windstorm, lightning, or explosion;
(6) Compelling insureds or beneficiaries to institute litigation to
recover amounts due under its policies by offering substantially less than
the amounts ultimately recovered in litigation brought by them;
(7) Refusing to pay claims without conducting a reasonable investigation;
(8) Failing to affirm or deny coverage of a claim within a reasonable
time after having completed its investigation related to such claim;
(9) Attempting to settle a claim for less than the amount to which a
reasonable person would believe the insured or beneficiary was entitled by
reference to written or printed advertising material accompanying or made
part of an application;
(10) Attempting to settle claims on the basis of an application which
was materially altered without notice to or knowledge or consent of the insured;
(11) Making a claims payment to an insured or beneficiary without indicating
the coverage under which each payment is being made;
(12) Unreasonably delaying the investigation or payment of claims by
requiring both a formal proof-of-loss form and subsequent verification that
would result in duplication of information and verification appearing in the
formal proof-of-loss form;
(13) Failing, in the case of the denial of a claim or the offer of a
compromise settlement, to promptly provide a reasonable and accurate explanation
of the basis for such action;
(14) Failing to provide forms necessary to present claims with reasonable
explanations regarding their use within fifteen working days of a request;
(15) Failing to adopt and implement reasonable standards to assure that
the repairs of a repairer owned by or affiliated with the insurer are performed
in a skillful manner. For purposes of this subdivision, a repairer is affiliated
with the insurer if there is a preexisting arrangement, understanding, agreement,
or contract between the insurer and repairer for services in connection with
claims on policies issued by the insurer;
(16) Requiring the insured or claimant to use a particular company or
location for motor vehicle repair. Nothing in this subdivision shall prohibit
an insurer from entering into discount agreements with companies and locations
for motor vehicle repair or otherwise entering into any business arrangements
or affiliations which reduce the cost of motor vehicle repair if the insured
or claimant has the right to use a particular company or reasonably available
location for motor vehicle repair. If the insured or claimant chooses to use
a particular company or location other than the one providing the lowest estimate
for like kind and quality motor vehicle repair, the insurer shall not be liable
for any cost exceeding the lowest estimate. For purposes of this subdivision,
motor vehicle repair shall include motor vehicle glass replacement and motor
vehicle glass repair;
(17) Failing to provide coverage information or coordinate benefits
pursuant to section 68-928 ;
and
(18) Failing to pay interest
on any proceeds due on a life insurance policy as required by section 44-3,143 .

Legislative History

Source: Laws 1991, LB 234, § 22; Laws 1992, LB 1006, § 16; Laws 1994, LB 978, § 24; Laws 1997, LB 543, § 1; Laws 2002, LB 58, § 1; Laws 2005, LB 589, § 9; Laws 2006, LB 1248, § 59; Laws 2011, LB72, § 5.