Nebraska Disability Insurance Claims

We are a healthcare/professional disability insurance law firm with a national reputation for obtaining successful results for our clients. Our firm has represented physicians, dentists, lawyers, executives and other professionals throughout the country, with the goal of securing and protecting their entitlement to benefits on own-occupation disability insurance policies.

We consult with physicians, dentists, attorneys and business executives filing disability claims throughout Nebraska, including the Omaha and Lincoln areas. If you’d like to discuss your particular claim with our attorneys, we are happy to set up a free consultation.

Below are some resources for policyholders filing disability insurance claims in Nebraska. If you would like to learn more about the disability claim process or insurance bad faith in other states, please visit our homepage.

Does Nebraska Recognize Insurance Bad Faith?

Nebraska recognizes insurance bad faith. As explained by the Supreme Court of Nebraska, “the general theory underlying the tort of bad faith is that the law implies a covenant of good faith and fair dealing as a result of the contractual relationship between the insurer and the insured.” Millard Gutter Co. v. Shelter Mut. Ins. Co., 312 Neb. 606, 618, 980 N.W.2d 420, 431 (2022).

In addition, the Supreme Court of Nebraska has recognized that “the tort of first-party bad faith ‘embraces any number of bad faith settlement tactics, such as inadequate investigation, delays in settlement, false accusations, and so forth.’” Id.

To establish a claim of first-party bad faith in Nebraska, “a policyholder must show both an absence of a reasonable basis for denying benefits of the insurance policy and the insurer’s knowledge or reckless disregard of the lack of a reasonable basis for denying the claim.” Id.

The case excerpts above are not meant to be a comprehensive discussion of each state’s first-party bad faith or disability insurance law. They are merely meant to act as a resource/starting point for those interested in learning more about how insurance bad faith works in their state.

You should always speak with an attorney before making any legal arguments relating to your disability claim.

Notable Nebraska Disability Insurance Cases

Wamsley v. Life Ins. Co. of N. Am., No. 4:14CV3083 (D. Neb. Oct. 20, 2014) (Nebraska policyholder filed a disability claim with LINA/CIGNA due to cervical and lumbar degenerative disc disease and back surgery; CIGNA initially paid the claim but then terminated benefits; when the policyholder sued, CIGNA tried to keep its communications with its “IME” doctor and surveillance personnel out of the file; the court found that this made the “true neutrality of the CIGNA’s investigative process suspect” and ordered that CIGNA produce the full record of those communications).

Reinsch v. Travelers Ins. Co. of Hartford, 274 N.W. 572 (Neb. 1937) (Court determined that plaintiff’s refusal to undergo an operation for inguinal hernia repair did not defeat his claim for total disability benefits under a life insurance policy).

Common Disability Claim Questions

What should I expect when filing a disability claim?

What issues am I most likely to face handling my disability insurance claim alone?

Why are disability insurance claims made by physicians, dentists and other professionals especially targeted for denial or termination?

My disability claim was just denied. What should I do now?

What can my insurance company do when it is investigating my claim?

Do insurance companies conduct surveillance and, if so, when are they watching?

Why does my insurer want to conduct a field interview?

How can I tell if I have a true own-occupation policy?

What are the different types of disability policies?

Nebraska Federal District Court Locations

Professional disability claims are often filed in, or removed to, Federal Court given the amounts in controversy. When we work with local counsel to be admitted pro hac vice, we identify the courthouse that is closest to you. Below is a list of the primary Federal Courthouses in Nebraska, but there may be satellite courthouses that are closer to where you live.

Omaha. Roman L. Hruska Federal Courthouse, 111 S. 18th Plaza, Suite 1152, Omaha, NE 68102.

Lincoln. Robert V. Denney Federal Building, 100 Centennial Mall N., Room 593, Lincoln, NE 68508.

Who Do Your Disability Insurance Attorneys Represent?

The lists below provide a representative overview of the types of professionals we represent, the disability companies we file claims with and litigate against, and a non-exhaustive list of some of the disabling conditions our prior clients have had.

Professionals

Physician Claims & Resources | Dentist Claims & Resources

Disability Insurance Companies

Disabling Conditions

The information provided above is offered purely for informational purposes. It is not intended to create or promote an attorney-client relationship, and does not constitute and should not be relied upon as legal advice.

Every claim is unique and the discussion above is only a limited summary of information that may be relevant to your claim. An experienced disability insurance attorney can help you assess your particular disability claim, or potential disability claim, and determine what options are available to you.

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