Insurance Policy Conditions and the Nebraska Contribute to the Loss Statute: A Primer and a Partial Critique

I. Introduction II. What Defenses Are Subject to the Contribute to the Loss Standard? ... A. Pre-Inception Failures of Condition Are Immune … B. Post-Casualty Failures of Condition Are Immune ... C. Post-Inception, Pre-Loss Failures of Coverage Clause Conditions Are Immune ... 1. The Implied Exception for Coverage Clause Defenses ... 2. Determining the Scope of the Coverage Clause Exception ... a. Method 1: Ask Which Conditions Function to Define Coverage and Thus Are Beyond the Reach of the Statute ... b. Method 2: Ask Which Conditions Carry the Potential for Evils Addressed by the Statute and Thus Should Be within Its Ambit III. When Does a Failure of Condition Contribute to a Loss? IV. Conclusion