Nebraska § 44-703 Life insurance; claims; false statements in application; effect

Nebraska Statutes

§ 44-703 — Life insurance; claims; false statements in application; effect

Nebraska § 44-703

Ch. 44Insurance

This text of Nebraska § 44-703 (Life insurance; claims; false statements in application; effect) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 44-703 (2026).

Text

In any claim arising under a policy which has been issued in this state by any life insurance company without previous medical examination, or without the knowledge and consent of the insured, or if said insured is under ten years of age, without the consent of the parent, guardian or other person having legal custody of said minor, the statements made in the application as to age, physical condition and family history of the insured, shall be valid and binding upon the company, but the company shall not be debarred from proving as a defense to such claim that said statements were willfully false, fraudulent or misleading.

Free access — add to your briefcase to read the full text and ask questions with AI

In any claim arising under a policy which has been issued in this state by any life insurance company without previous medical examination, or without the knowledge and consent of the insured, or if said insured is under ten years of age, without the consent of the parent, guardian or other person having legal custody of said minor, the statements made in the application as to age, physical condition and family history of the insured, shall be valid and binding upon the company, but the company shall not be debarred from proving as a defense to such claim that said statements were willfully false, fraudulent or misleading.

Legislative History

Source: Laws 1913, c. 154, § 120, p. 460; R.S.1913, § 3257; Laws 1919, c. 190, tit. V, art. IX, § 3, p. 641; C.S.1922, § 7856; C.S.1929, § 44-803; R.S.1943, § 44-703; Laws 1969, c. 373, § 1, p. 1330. Annotations: If the defendant insurance company fails to set up a condition precedent contained in the insurance policy in suit, and fails to allege its breach by the plaintiff, such defense is waived. Farmers & Bankers Life Ins. Co. v. Mathers, 135 Neb. 757, 284 N.W. 286 (1939).