Key Takeaways

  • Commercial General Liability (CGL) protects Nebraska businesses from third-party bodily injury and property damage claims
  • Nebraska workers' compensation is required for most employers with one or more employees
  • Professional liability (E&O) insurance is recommended for professional service providers
  • Umbrella and excess liability policies provide additional protection above underlying policy limits
  • Nebraska businesses face liability exposures from severe weather cleanup and agricultural operations
Last updated: January 2026

Nebraska Liability Insurance

Commercial General Liability (CGL)

CGL Coverage Overview

Commercial General Liability insurance protects businesses from claims arising from:

CoverageDescription
Coverage ABodily Injury and Property Damage Liability
Coverage BPersonal and Advertising Injury Liability
Coverage CMedical Payments

Coverage A - Bodily Injury & Property Damage

Covers claims from third parties for:

  • Injuries on business premises (slip and fall)
  • Injuries from business operations
  • Damage to third-party property
  • Products liability claims
  • Completed operations liability

Defense Coverage:

  • Insurer provides legal defense
  • Defense costs in addition to policy limits (most forms)
  • Duty to defend broader than duty to indemnify

Coverage B - Personal and Advertising Injury

Covers claims for:

Injury TypeDescription
Libel/SlanderDefamatory statements
False AdvertisingMisleading advertising claims
Copyright InfringementIn advertising
Wrongful EvictionImproper tenant removal
False ArrestSecurity-related detentions
Malicious ProsecutionWrongful legal actions

Coverage C - Medical Payments

  • No-fault coverage for minor injuries
  • Pays regardless of business liability
  • Typically $5,000 - $10,000 per person
  • Good customer relations tool
  • Does not apply to employees

CGL Exclusions

Standard CGL policies exclude:

ExclusionAlternative Coverage
Auto liabilityCommercial auto policy
Workers' compensationWC policy required
Professional servicesProfessional liability/E&O
PollutionEnvironmental liability
Intentional actsNot insurable
Contractual liabilityLimited exception
Employment practicesEPLI coverage

CGL Policy Limits

Limit TypeTypical Range
Each Occurrence$1,000,000
General Aggregate$2,000,000
Products/Completed Ops Aggregate$2,000,000
Personal/Advertising Injury$1,000,000
Damage to Rented Premises$100,000
Medical Expense$5,000

Exam Tip: CGL policies have multiple limits. The general aggregate is the maximum the policy pays for all covered claims during the policy period.

Nebraska Workers' Compensation

Coverage Requirements

Nebraska Workers' Compensation Act (NRS Chapter 48) requires:

Employer TypeRequirement
Most employersRequired with 1+ employees
AgriculturalRequired with 10+ employees
Farm/RanchExempt under certain conditions
Corporate officersMay elect exemption
Sole proprietorsMay elect coverage
PartnersMay elect coverage

Mandatory Coverage

Workers' comp is mandatory in Nebraska for:

  • All employers with one or more employees
  • Full-time, part-time, and seasonal workers
  • Family members who are employees
  • Out-of-state employers with Nebraska operations

Exemptions from Coverage

Exempt CategoryConditions
Agricultural workersEmployer has fewer than 10 employees
Domestic servantsIn private homes
Real estate agentsIndependent contractors
Corporate officersMay elect out (maximum 2)
Sole proprietors/PartnersNot required but may elect

Benefits Provided

Benefit TypeDescription
Medical BenefitsAll reasonable medical expenses, no deductible
Temporary Total Disability2/3 of AWW, max/min limits
Temporary Partial Disability2/3 of wage loss
Permanent Partial DisabilityScheduled and unscheduled benefits
Permanent Total Disability2/3 of AWW for life or duration
Death BenefitsFuneral expenses + survivor benefits
Vocational RehabilitationReturn-to-work assistance

Compensation Rates

Rate Element2026 Amounts
Maximum Weekly BenefitAdjusted annually by state
Minimum Weekly BenefitAdjusted annually
Wage Base2/3 of average weekly wage
Waiting Period7 days (waived if disability > 6 weeks)

Employer Obligations

Nebraska employers must:

  1. Obtain workers' comp coverage (insurance or self-insurance)
  2. Post notice of coverage in workplace
  3. Report injuries to insurer promptly
  4. Not retaliate against employees who file claims
  5. Maintain required payroll records

Penalties for Non-Compliance

ViolationPenalty
Failure to insureClass IV felony, fines
MisclassificationPremium penalties
RetaliationEmployee lawsuit, penalties
FraudCriminal prosecution

Exam Tip: Nebraska requires workers' compensation for employers with ONE or more employees (with limited exceptions). This is more stringent than some states.

Professional Liability Insurance

Errors and Omissions (E&O) Coverage

Professional liability protects against claims arising from:

  • Professional negligence
  • Errors in professional services
  • Omissions in professional advice
  • Failure to perform professional duties

Professions Needing E&O Coverage

ProfessionPrimary Exposures
Insurance agentsCoverage errors, failure to procure
Real estate agentsDisclosure failures, misrepresentation
AccountantsAudit errors, tax mistakes
AttorneysMalpractice, missed deadlines
Architects/EngineersDesign errors, project failures
IT consultantsSystem failures, data loss

E&O Policy Features

FeatureDescription
Claims-MadeCoverage triggered when claim made
Retroactive DatePrior acts coverage limit
Extended ReportingTail coverage for claims after policy ends
Defense CostsUsually within limits
DeductiblePer-claim deductible common

Insurance Producer E&O

Nebraska insurance producers should maintain E&O coverage for:

  • Failure to procure requested coverage
  • Errors in applications or quotes
  • Failure to advise on coverage gaps
  • Delayed claims reporting
  • Misrepresentation of coverage

Umbrella and Excess Liability

Umbrella Liability Insurance

Umbrella policies provide:

  • Coverage above underlying policy limits
  • Broader coverage than underlying policies
  • Drop-down coverage for some excluded claims
  • Single policy covering multiple exposures

Excess Liability Insurance

Excess policies provide:

  • Additional limits above underlying policies
  • Same coverage terms as underlying (follows form)
  • No broader coverage (difference from umbrella)
  • Pure excess over specified underlying limits

When Umbrella/Excess is Needed

SituationRecommendation
High net worth individualPersonal umbrella
Business with significant assetsCommercial umbrella
Professional with malpractice exposureExcess E&O
Contractor with large projectsExcess CGL
Fleet operationsCommercial umbrella

Underlying Insurance Requirements

Umbrella policies typically require minimum underlying limits:

Coverage TypeMinimum Underlying
Auto Liability$250,000/$500,000 or $500,000 CSL
Homeowners Liability$300,000 - $500,000
CGL$1,000,000 occurrence
Employers Liability$500,000/$500,000/$500,000

Nebraska-Specific Liability Considerations

Agricultural Liability

Nebraska's agricultural economy creates unique liability exposures:

ExposureCoverage Need
Farm equipment accidentsFarm liability, auto
Livestock injuriesFarm liability
Crop spraying driftEnvironmental liability
AgritourismSpecial liability endorsements
Farm employee injuriesWorkers' comp (if 10+ employees)

Severe Weather Liability

After severe weather events:

  • Debris removal liability
  • Temporary repair contractor oversight
  • Additional living expense administration
  • Claim handling compliance

Pollution Liability

Agricultural and industrial operations may need:

  • Environmental impairment liability
  • Underground storage tank coverage
  • Pollution legal liability
  • Site-specific environmental coverage
Test Your Knowledge

How many employees must a Nebraska employer have before workers' compensation is required?

A
B
C
D
Test Your Knowledge

Which CGL coverage section covers libel, slander, and false advertising claims?

A
B
C
D
Test Your Knowledge

What type of policy trigger is typically used for professional liability (E&O) insurance?

A
B
C
D