ONE HUNDRED NINTH LEGISLATURE - FIRST SESSION - 2025
COMMITTEE STATEMENT
LB482
Hearing Date: Tuesday February 11, 2025
Committee On: Banking, Commerce and Insurance
Introducer: Ballard
One Liner: Change provisions relating to attorney’s fees in insurance cases
Roll Call Vote - Final Committee Action:
Advanced to General File with amendment(s)
Vote Results:
Aye: 5 Senators Hallstrom, Hardin, Jacobson, Riepe, Wordekemper
Nay:
Absent:
Present Not Voting:3 Senators Bostar, Dungan, von Gillern
Testimony:
Proponents: Representing:
Senator Beau Ballard Opening Presenter
Robert Bell Nebraska Insurance Federation
Mike Hannon Nebraska Defense Counsel Association
Mark Gokie Farmers Mutual Insurance
Korby Gilbertson American Property Casualty Insurance Federation
Opponents: Representing:
James Eggers Millard Roofing
Jacqueline Bouc Self
Marcia Merchen Self
Patrick Muhs Moose Roofing
Theodore Boecker Self
Neutral: Representing:
* ADA Accommodation Written Testimony
Summary of purpose and/or changes:
LB 482 amends Neb. Rev. Stat. § 44-359, a law that allows plaintiffs to collect reasonable attorney's fees in
successful actions they bring upon any type of insurance policy, except workers' compensation insurance, or upon
any certificate issued by a fraternal benefit society, against any company, person, or association doing business in
Nebraska. The bill would exclude a plaintiff’s ability to collect reasonable attorney’s fees in actions based on a
post-loss assignment of rights or benefits arising out of a claim by a property owner for damage to insured property.
Explanation of amendments:
Committee Statement: LB482
Banking, Commerce and Insurance Committee
Page 1 7d2b4737202306930dbb5628199fc7f0 AM 243 removes language from new subsection (2) of 44-359 to clarify that the subsection applies to any action
based on a post-loss assignment arising out of a claim by a property owner for damage to insured property, not just
actions based on the post-loss assignment of rights or benefits arising out of the claim.
Mike Jacobson, Chairperson
Committee Statement: LB482
Banking, Commerce and Insurance Committee
Page 2 7d2b4737202306930dbb5628199fc7f0