Nationwide Adjusted the Claims and Paid the Checks, Then Said It Never Insured the Homeowners

On October 20, 2026, the Nebraska Court of Appeals decided a case that every Omaha-area homeowner with a storm claim should know about. In Millard Gutter Co. v. Nationwide Insurance, No. A-25-559, an Omaha roofing contractor sued Nationwide over storm repairs on 11 homes. Nationwide’s defense was that it had never issued a homeowner’s policy to any of those 11 homeowners. That was despite records showing Nationwide personnel adjusted the claims and that checks from “Nationwide” were issued on them. The trial court accepted that position and threw the case out. The Court of Appeals reversed.

What Happened

After a 2013 storm, Millard Gutter Company repaired a group of Omaha-area homes. The homeowners signed assignments, a common arrangement that lets a contractor work directly with the insurance company to get paid for the repairs. When the contractor believed Nationwide had underpaid, it filed suit to collect under the homeowners’ policies.

Nationwide denied in its court papers that it had insured any of the homeowners, then asked for summary judgment because the contractor hadn’t produced copies of the policies. Here’s the important part: Nationwide never submitted an affidavit, testimony, or a single document showing that the policies didn’t exist. It relied only on its own lawyers’ denial. Some of the homeowners’ paperwork listed Nationwide as their insurer, complete with policy and claim numbers, and the claims had been handled by Nationwide adjusters.

What the Court Decided

A unanimous three-judge panel held that Nationwide was not entitled to summary judgment. Under Nebraska law, the party asking a court to end a case early has to back that request with actual evidence. A denial written into a pleading isn’t evidence. In the court’s words, Nationwide “failed to produce any evidence that it did not issue insurance policies,” so the burden never shifted to the contractor to produce them. The case was sent back to the trial court for further proceedings.

The Court of Appeals did not decide whether Nationwide actually insured these homes or whether it owes money on the claims. Those questions go back to the trial court. The opinion is also an unpublished memorandum opinion, which limits how it can be cited in other cases. Still, it’s a clear example of an insurer taking a position in court that is hard to square with how it handled the claims.

Why This Matters to Homeowners

Your insurance company keeps the complete records of your policy: the underwriting file, every renewal, and the full claim history. Many homeowners, on the other hand, can’t put their hands on a policy document years after a storm, especially if the policy was sold through a local agency or under a different brand name. This case shows why that gap matters, and why it pays to keep your own records from the very start of a claim.

Simple Steps to Protect Your Claim

• Request a full copy of your policy. When you file a storm claim, ask your insurer for a complete, certified copy of your policy, and keep your declarations page from each renewal.
• Keep every claim document. Save your claim number, adjuster letters and emails, estimates, photos, and copies of every check you receive.
• Document the damage right away. Take dated photos of your roof, gutters, siding, and any interior water damage as soon as it’s safe to do so.
• Get your paperwork right. If you sign an assignment or authorization with a contractor, make sure it names the correct insurance company, policy number, and claim number.
• Don’t wait. Many policies set deadlines for reporting a claim and for filing suit. If a dispute comes up, talk with an attorney about your options sooner rather than later.

How Johnson Restoration Services Can Help

Johnson Restoration Services is a roofing and restoration company, not a public adjuster or a law firm, and we don’t provide legal or insurance advice. What we can do is give you a thorough, honest inspection and detailed documentation of your roof’s condition, with photos, measurements, and a clear written estimate. That kind of record helps you keep track of your claim and gives you accurate information to share with your insurer.

Schedule a Free Roof Inspection

If a recent storm has you wondering about your roof, or you’re unsure where your claim stands, we’re happy to take a look. Johnson Restoration Services offers free roof inspections for homeowners and businesses throughout Omaha, Bellevue, Council Bluffs, Lincoln, Papillion, and the surrounding communities. There’s no pressure and no obligation. To schedule, call us at 402-718-8034 or reach out through our contact page.

Source: This post summarizes the Nebraska Court of Appeals’ memorandum opinion in Millard Gutter Co. v. Nationwide Insurance, No. A-25-559 (filed October 20, 2026). Johnson Restoration Services is not involved in this case and does not represent any party to it. Johnson Restoration Services is a licensed roofing contractor, not a public insurance adjuster, and this article is general information only, not legal or insurance advice. Coverage for any roof damage depends on your specific policy and circumstances. Contact your insurer and a qualified roofing professional about your situation.