Date of this Version
NEBRASKA LAW REVIEW 61 (1982), pp. 209-258.
This Article will examine the role of the contribute to the loss standard in Nebraska. It will not tackle the much larger question of how Nebraska treats failures of insurance policy conditions; indeed, one major theme not pursued here concerns how the application of various interpretive techniques and equitable doctrines may help to relieve pressures for a more sweeping statutory standard. Instead, this Article will concentrate on questions of application and effect arising directly from the presence of the contribute to the loss statute. This review will proceed in two steps. The first part of this Article will examine problems associated with determining to which failure of condition defenses the standard should be applied. The second part of this Article will discuss the nature of the burden imposed by the contribute to the loss standard for those defenses to which it is applicable.