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
Nebraska Liability Insurance
Commercial General Liability (CGL)
CGL Coverage Overview
Commercial General Liability insurance protects businesses from claims arising from:
| Coverage | Description |
|---|---|
| Coverage A | Bodily Injury and Property Damage Liability |
| Coverage B | Personal and Advertising Injury Liability |
| Coverage C | Medical 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 Type | Description |
|---|---|
| Libel/Slander | Defamatory statements |
| False Advertising | Misleading advertising claims |
| Copyright Infringement | In advertising |
| Wrongful Eviction | Improper tenant removal |
| False Arrest | Security-related detentions |
| Malicious Prosecution | Wrongful 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:
| Exclusion | Alternative Coverage |
|---|---|
| Auto liability | Commercial auto policy |
| Workers' compensation | WC policy required |
| Professional services | Professional liability/E&O |
| Pollution | Environmental liability |
| Intentional acts | Not insurable |
| Contractual liability | Limited exception |
| Employment practices | EPLI coverage |
CGL Policy Limits
| Limit Type | Typical 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 Type | Requirement |
|---|---|
| Most employers | Required with 1+ employees |
| Agricultural | Required with 10+ employees |
| Farm/Ranch | Exempt under certain conditions |
| Corporate officers | May elect exemption |
| Sole proprietors | May elect coverage |
| Partners | May 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 Category | Conditions |
|---|---|
| Agricultural workers | Employer has fewer than 10 employees |
| Domestic servants | In private homes |
| Real estate agents | Independent contractors |
| Corporate officers | May elect out (maximum 2) |
| Sole proprietors/Partners | Not required but may elect |
Benefits Provided
| Benefit Type | Description |
|---|---|
| Medical Benefits | All reasonable medical expenses, no deductible |
| Temporary Total Disability | 2/3 of AWW, max/min limits |
| Temporary Partial Disability | 2/3 of wage loss |
| Permanent Partial Disability | Scheduled and unscheduled benefits |
| Permanent Total Disability | 2/3 of AWW for life or duration |
| Death Benefits | Funeral expenses + survivor benefits |
| Vocational Rehabilitation | Return-to-work assistance |
Compensation Rates
| Rate Element | 2026 Amounts |
|---|---|
| Maximum Weekly Benefit | Adjusted annually by state |
| Minimum Weekly Benefit | Adjusted annually |
| Wage Base | 2/3 of average weekly wage |
| Waiting Period | 7 days (waived if disability > 6 weeks) |
Employer Obligations
Nebraska employers must:
- Obtain workers' comp coverage (insurance or self-insurance)
- Post notice of coverage in workplace
- Report injuries to insurer promptly
- Not retaliate against employees who file claims
- Maintain required payroll records
Penalties for Non-Compliance
| Violation | Penalty |
|---|---|
| Failure to insure | Class IV felony, fines |
| Misclassification | Premium penalties |
| Retaliation | Employee lawsuit, penalties |
| Fraud | Criminal 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
| Profession | Primary Exposures |
|---|---|
| Insurance agents | Coverage errors, failure to procure |
| Real estate agents | Disclosure failures, misrepresentation |
| Accountants | Audit errors, tax mistakes |
| Attorneys | Malpractice, missed deadlines |
| Architects/Engineers | Design errors, project failures |
| IT consultants | System failures, data loss |
E&O Policy Features
| Feature | Description |
|---|---|
| Claims-Made | Coverage triggered when claim made |
| Retroactive Date | Prior acts coverage limit |
| Extended Reporting | Tail coverage for claims after policy ends |
| Defense Costs | Usually within limits |
| Deductible | Per-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
| Situation | Recommendation |
|---|---|
| High net worth individual | Personal umbrella |
| Business with significant assets | Commercial umbrella |
| Professional with malpractice exposure | Excess E&O |
| Contractor with large projects | Excess CGL |
| Fleet operations | Commercial umbrella |
Underlying Insurance Requirements
Umbrella policies typically require minimum underlying limits:
| Coverage Type | Minimum 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:
| Exposure | Coverage Need |
|---|---|
| Farm equipment accidents | Farm liability, auto |
| Livestock injuries | Farm liability |
| Crop spraying drift | Environmental liability |
| Agritourism | Special liability endorsements |
| Farm employee injuries | Workers' 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
How many employees must a Nebraska employer have before workers' compensation is required?
Which CGL coverage section covers libel, slander, and false advertising claims?
What type of policy trigger is typically used for professional liability (E&O) insurance?