No oral or written misrepresentation or warranty made in the negotiation for a contract or policy of insurance by the insured, or in his behalf, shall be deemed material or defeat or avoid the policy, or prevent its attaching, unless such misrepresentation or warranty deceived the company to its injury. The breach of a warranty or condition in any contract or policy of insurance shall not avoid the policy nor avail the insurer to avoid liability, unless such breach shall exist at the time of the loss and contribute to the loss, anything in the policy or contract of insurance to the contrary notwithstanding.
Neb. Rev. Stat. § 44-358
Policies; misrepresentations; warranties; conditions; effect
Applied in 16 court decisions — leading case White v. Medico Life Insurance (1982)
Most recently applied in Callahan v. Brant (May 2023)
Laws 1913, c. 154, § 51, p. 419; R.S.1913, § 3187; Laws 1919, c. 190, tit
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.