44-357 Policies; stipulations forbidden. - Nebraska Statutes

44-357. Policies; stipulations forbidden.No insurance company shall issue in this state any policy or contract of insurance containing a provision, stipulation or agreement that such policy shall be construed according to the laws of any other state or country, or any provision limiting the time within which an action may be brought to less than the regular period of time prescribed by the statutes of limitations of this state, unless otherwise prescribed by this chapter. SourceLaws 1913, c. 154, § 49, p. 419; R.S.1913, § 3185; Laws 1919, c. 190, tit. V, art. IV, § 20, p. 598; C.S.1922, § 7785; C.S.1929, § 44-320; R.S.1943, § 44-357.AnnotationsA fire insurance policy legally issued in Nebraska containing one year limitation of action but also containing provision conforming it to state statutes is subject to limitation hereunder. Wulf v. Farm Bureau Ins. Co., 190 Neb. 34, 205 N.W.2d 640 (1973).Where policy issued in this state provides twelve months' limitation for filing action but also contains provision amending terms to conform with conflicting statutes, limitations in state statutes are applicable. Hiram Scott College v. Insurance Co. of North America, 187 Neb. 290, 188 N.W.2d 688 (1971).Statute of limitations on fire insurance policy was governed by provisions of New York standard form. Rhodes v. Continental Ins. Co., 180 Neb. 10, 141 N.W.2d 415 (1966).A provision in benefit certificate that suit must be commenced within one year of death of member, if valid in state where contract is made, will be enforced in Nebraska. Avondale v. Sovereign Camp, W. O. W., 134 Neb. 717, 279 N.W. 355 (1938).Where defendant amended its by-laws so as to avail itself of the provisions of this section, question of the amended by-law being reasonable, as to the insured and binding upon his beneficiary, was raised but not decided. Williams v. Western Travelers Accident Assn., 97 Neb. 352, 149 N.W. 822 (1914).