Free Nebraska Casualty practice questions

Answer: B. Neither the worker nor the worker's beneficiaries receive compensation

Nebraska bars compensation entirely when the injury happens because the employee was intoxicated or was intentionally and willfully negligent, and the bar reaches the employee's beneficiaries as well as the employee. The statute contains no partial reduction, so a half-benefit answer has no basis. The Act is not fault-blind on this point: intoxication is a ground the statute itself names for denying compensation. And because no compensation is owed at all, there is nothing for the employer to pay first and then recover from the worker.

Answer: C. None, because that first license expires within a year

Nebraska's continuing education sections do not apply to a licensee in the first license period when that first license expires less than one year after the licensing date. A first license lasting ten months meets that test. The exception contains no proration and no partial ethics requirement for that period.

Answer: B. Only if the child received substantially entire support from the employee

Sec. 48-124 defines child broadly for death benefits but excludes a married child unless that child was receiving substantially entire support from the employee. The age and full-time student conditions in the same section describe which children are presumed dependent; they do not override the specific exclusion of a married child, so being under 19 or a student does not bring a married child back in. The answer that a married child never qualifies ignores the support exception the statute itself provides.

Answer: C. The policy on the striking car pays first, and her own policy on the car at home pays after it

Neb. Rev. Stat. Sec. 44-6411(3) sets the payment order when multiple policies apply, each subject to its own limit. A policy on a vehicle the injured person was occupying ranks first, but Maria was on foot, so that tier is empty. Next comes a policy on a vehicle that injures the insured while she is a pedestrian, and after that a policy on a vehicle that played no part in the accident but under which the injured person is an insured. The striking car's policy therefore pays before Maria's own. Being a named insured does not move her policy up, because the subsection ranks policies by the role of the vehicle they cover. The subsection sets an order of priority rather than an equal split. Her car's absence from the accident is the reason her policy ranks last, not first.

Answer: C. The property policy only, because the statute does not apply to automobile coverage

Nebraska generally requires an insurer to give sixty days' written notice before canceling or nonrenewing a policy or binder of property, marine or liability insurance, with a ten-day cancellation period for nonpayment and for some short-term policies. The same section then states that this notice requirement does not apply to automobile insurance coverage, among other listed lines. The annual property policy on the house therefore needs sixty days' notice of nonrenewal, while the auto policy is outside this rule even though it insures liability. Nothing in the rule limits it to commercial risks.

Answer: A. 180 days

The director may issue a temporary producer license without requiring an examination, for a period of no more than 180 days, where it is needed to service an insurance business, for example for the surviving spouse or court-appointed personal representative of a producer who has died or become disabled. The other periods offered are not the maximum Nebraska sets.

Answer: A. The association, separately for each licensee, as the director prescribes

Section 44-3904(3)(b) puts verification on each professional insurance association, which must verify active participation for each licensee individually in the form and manner the director sets; the director grants the hours after receiving that verification. The subdivision gives no verification role to the licensee, to an appointing insurer, or to a continuing education sponsor, and a combined roster is inconsistent with verification for each licensee separately.

Answer: D. Uninsured motorist coverage does not apply to the bodily injury that the settlement concerned

Neb. Rev. Stat. Sec. 44-6413(1)(a) takes uninsured and underinsured coverage away from bodily injury where the insured, lacking the insurer's written consent, settles with or takes a judgment against a person who may be legally liable, and the settlement adversely affects the insurer's rights. Sam's settlement fits that description, so the coverage does not apply to that injury. The subdivision names settlements as well as judgments, so it is not limited to judgments. It provides no reduced payment in place of the exclusion. Telling the insurer afterward does not cure the problem; the subdivision's only exception is for underinsured coverage where notice was given under Sec. 44-6412(2) and the insurer then failed to pay, and Sam's claim is an uninsured one.

Answer: B. Twelve hours

For lines outside the life, accident and health, property, casualty, personal lines, crop-only, and pre-need funeral categories, the requirement is six hours of approved continuing education in each two-year period for each line, miscellaneous lines included. Two such lines produce twelve hours. Six hours would cover only one line, twenty-one hours is the figure for life, accident and health or sickness, property, casualty, and personal lines licensees, and twenty-four hours would take four such lines.

Answer: B. The date of arraignment or, if arraignment is waived, the date of waiver of arraignment

Nebraska sets the reporting period for a criminal matter at thirty days, and the clock starts at the date of arraignment or, if arraignment is waived, the date of waiver of arraignment. The final disposition of the case is the trigger for the separate duty to report administrative actions, and neither the date of the complaint nor the renewal cycle starts the clock.