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Intellectual Property Insurance in Nebraska

Nebraska’s Trade Secrets Act allows an injunction against actual or threatened misappropriation and a reasonable royalty in exceptional cases where an injunction is inequitable. Ask whether your policy addresses continued use under a court-ordered royalty. 2

What Is Intellectual Property?

Intellectual property insurance comes in two separate parts: defense, when you're accused of infringing a patent, trademark or copyright, and enforcement, when you pursue someone who copied yours. A defense-only quote doesn't pay for your own lawsuit, so ask for each part you need. Read the national Intellectual property guide.

What to Watch for in Nebraska

  • Match the State Rule to Your Coverage

    Nebraska’s Trade Secrets Act allows an injunction against actual or threatened misappropriation and a reasonable royalty in exceptional cases where an injunction is inequitable. Ask whether your policy addresses continued use under a court-ordered royalty. 2

  • Plan for the State Remedy

    Nebraska permits exemplary damages up to twice compensatory damages for willful and malicious misappropriation, and can award fees for bad-faith claims or willful conduct. Review how the policy treats those amounts and defense expenses. 2

  • Check the Policy Against the Claim

    Nebraska state trademark registrations last ten years, but renewal requires a verified statement that the mark remains in use and a current specimen. Calendar the renewal window and keep use evidence with the policy schedule. 3

Who Regulates Insurance in Nebraska

Nebraska Department of Insurance

The Nebraska Department of Insurance oversees insurers and producers and examines insurance complaints. Its online company and producer search is maintained through State Based Systems. 4,5,6

Surplus-lines tax and stamping office

Reported tax rate: 3% of gross premium charged, less return premiums Nebraska’s 3% tax applies to gross premium charged less return premium when the risk is Nebraska’s home-state placement; fees paid to the carrier are taxable, while broker-retained or third-party fees are not. A Nebraska-licensed surplus-lines producer ordinarily must complete due diligence, while exempt-commercial-purchaser provisions permit limited exceptions; federal ECP status alone does not erase the disclosure and subsequent written-request conditions for the federal search waiver. Nebraska policies state that its Property and Liability Guaranty Association will not cover surplus-lines claims. 7,8,9,10

Providers With Documented State Licenses

No provider in Spot’s research documents both a state license record and this coverage line. This does not establish that providers are unlicensed. Check the regulator’s license lookup and confirm availability with a provider when requesting a quote.

Questions to Ask Before You Buy in Nebraska

  1. Will this policy cover a threatened trade-secret claim under Nebraska law before a lawsuit is filed?
  2. Which Nebraska registrations, first-use records, and renewal dates should we list for the broker?
  3. What records should we preserve to establish when a suspected Nebraska misappropriation was discovered?

Intellectual Property in Nebraska: FAQ

What is the key Nebraska rule for a trade-secret claim? 2

Nebraska’s Trade Secrets Act allows an injunction against actual or threatened misappropriation and a reasonable royalty in exceptional cases where an injunction is inequitable. Ask whether your policy addresses continued use under a court-ordered royalty. 2

How should I handle a suspected intellectual-property claim in Nebraska? 2,1

Notify the insurer promptly and preserve the first demand, access logs, agreements, and discovery date. Nebraska separately registers state trademarks for listed goods and services. Keep the application’s first-use dates and specimens with your brand records, and ask whether coverage follows the marks and products you actually list. The federal Defend Trade Secrets Act is a separate claim with its own filing period. 2,1

Intellectual Property in Other States

Other Coverage in Nebraska

Sources

  1. 18 U.S.C. § 1836, Civil Proceedings. Office of the Law Revision Counsel, U.S. House of Representatives; § 1836(b)(1), (3): federal civil action, injunction, and damages for qualifying trade secret misappropriation. Accessed 2026-09-29.
  2. Nebraska Trade Secrets Act. Nebraska Legislature; §§ 87-501–507, especially §§ 87-502–506. Accessed 2026-09-29.
  3. Nebraska Revised Statute § 87-133. Nebraska Legislature; Ten-year registration term, renewal, and statement/specimen of continued use. Accessed 2026-09-29.
  4. Nebraska Department of Insurance. Nebraska Department of Insurance; Official department homepage. Accessed 2026-09-28.
  5. Company and Producer Search. Nebraska Department of Insurance; Nebraska DOI’s state-specific search landing page; identifies SBS as the source for producer and company licensing records. Accessed 2026-09-28.
  6. File a Complaint. Nebraska Department of Insurance; Official complaint filing page; complaint division examines complaints; toll-free hotline 877-564-7323 is in-state only. Accessed 2026-09-28.
  7. Surplus Lines. Nebraska Department of Insurance; Current page states 3% on gross premiums less return premium; carrier fees included, broker-retained/third-party fees excluded; describes due-diligence and ECP/self-procurement rules. Accessed 2026-09-28.
  8. Neb. Rev. Stat. §§44-5501–44-5515. Nebraska Legislature; Surplus Lines Insurance Act; §§44-5502, 44-5509 and 44-5510 address home state, policy notice and due diligence. Accessed 2026-09-28.
  9. Neb. Rev. Stat. §§44-5502, 44-5510 and 44-5515. Nebraska Legislature; ECP definition, diligent-search rules, exempt purchaser filing/tax treatment; federal ECP waiver also requires broker disclosure and subsequent purchaser written request under 15 U.S.C. §8205. Accessed 2026-09-28.
  10. Neb. Rev. Stat. §44-5509. Nebraska Legislature; Required surplus-lines policy disclaimer says Nebraska Property and Liability Guaranty Association will not be liable. Accessed 2026-09-28.
  11. Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
  12. Licenses and Carriers. Coalition; Licenses and Carriers, re-read 22 September 2026: Insurance Licenses table for Coalition Insurance Solutions, Inc., national producer number 18419475, with producer and surplus-lines numbers for all 50 states and DC including California 0L76155, Georgia 196479, Texas 2199630 and 2205589, Pennsylvania 815731 and 817452, Colorado 539028 and Wisconsin 3000108852. Insurance Carriers table naming, with NAIC numbers, Allianz Underwriters Insurance Company 36420, Arch Specialty Insurance Company 21199, Ascot Specialty Insurance Company 45055, Ascot Insurance Company 23752, Aspen Specialty Insurance Company 10717, Chaucer Insurance Company DAC, Coalition Insurance Company 29530, Fireman's Fund Indemnity Corporation 11380, Fortegra Specialty Insurance Company 16823, Lloyd's of London, MSIG Specialty Insurance USA Inc. 34886, MS Transverse Specialty Insurance Company 41807, Steadfast Insurance Company 26387, Vantage Risk Specialty Insurance Company 16275 and Zurich American Insurance Company 16535. Accessed 2026-09-22.
  13. Insurance Producer Licenses. Corgi Insurance; Current complete Insurance Producer Licenses table for Corgi Insurance Services, Inc.; 50 rows covering 49 states and DC (DC 3003091619); no New Mexico row; no NPN or as-of date shown. Accessed 2026-09-28.
  14. About Hiscox US Insurance. Hiscox; Hiscox Insurance Company Inc. NAIC 10200 as Chicago, IL domiciled insurer admitted or licensed in all 50 states and D.C.; Hiscox Inc. as general agent and Lloyd’s coverholder for Syndicates 33 and 3624; surplus-lines placements through licensed surplus-lines brokers; A.M. Best rating statement. Accessed 2026-09-16.
  15. Licenses. ERGO NEXT Insurance; Current entity-by-state license table reopened 28 September 2026: 50 rows under Next First Insurance Agency, Inc., including Washington, DC; New York rows instead list Next Insurance Services PC-1423070 and AP Intego BR-1198885. Accessed 2026-09-28.
  16. Insurance Licenses by State. TechInsurance; Current state table; identifies TechInsurance as a division of Specialty Program Group LLC d/b/a SPG Insurance Solutions; lists DC 3000041536 and labels Rhode Island “Individual licenses,” without an agency license number. Accessed 2026-09-28.
  17. Licenses. Vouch; Effective 16 January 2025: Vouch Specialty Insurance Services, LLC, NPN 19926463; P&C table (50 states and DC); surplus-lines table includes Idaho 870820; footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses; Idaho retained as producer-only due to conflict. Accessed 2026-09-15.

Updated .

This guide is informational and does not determine whether a policy is available or meets your needs. Editorial policy. To suggest a correction, contact Spot with a supporting source.

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