The total amount recoverable under the Political Subdivisions Tort Claims Act for claims arising out of an occurrence after November 16, 1985, shall be limited to:
(1) One million dollars for any person for any number of claims arising out of a single occurrence; and
(2) Five million dollars for all claims arising out of a single occurrence.
If the damages sustained by an innocent third party pursuant to section 13-911 are not fully recoverable from one or more political subdivisions due to the limitations in this section, additional sources for recovery shall be as follows: First, any offsetting payments specified in subsection (3) of section 13-911 shall be reduced to the extent necessary to fully compensate the innocent third party; and second, if such reduction is insufficient to fully compensate the innocent third party, the right of reimbursement granted to the political subdivision in subsection (2) of section 13-911 shall be reduced to the extent necessary to fully compensate the innocent third party.
Notes of Decisions
Staley v. City of Omaha, 713 N.W.2d 457 (Neb. 2006).
· cites it 7× “(d) Special Legislation Staley alleges that the damage cap specified in § 13-926 violates article I, § 16, of the Nebraska Constitution, which prohibits the passage of any law “making any irrevocable grant of special privileges or immunities,” and article III, § 18, which…”
Cont'l W. Ins. Co. v. Conn, 629 N.W.2d 494 (Neb. 2001).
· cites it 6× “Neb. Rev. Stat. § 13-926 (Reissue 1991). In addition to the settlement with OPS, the Conns sought coverage from Continental Western for their damages in excess of $1 million pursuant to the underinsured motorist coverage provision of an automobile liability policy that…”
Molina v. Am. Alt. Ins. Corp., 699 N.W.2d 415 (Neb. 2005).
· cites it 7× “2d 659 (2003), this court held that despite a determination that Salazar’s damages attributable to the negligence of the deputy sheriff amounted to $4,484,018, the county’s legal liability to Salazar was limited to $1 million under Neb. Rev. Stat. § 13-926 (1) (Reissue 1997),…”
Tadros v. City of Omaha, 735 N.W.2d 377 (Neb. 2007).
· cites it 2× “Pursuant to the limitations on recovery under Neb. Rev. Stat. § 13-926 (1) (Reissue 1997), the judgment against the City was reduced to $1 million.”
Connelly v. City of Omaha, 769 N.W.2d 394 (Neb. 2009).
“Therefore, we vacate the court's order certifying a final judgment and, lacking jurisdiction, dismiss this appeal.”
Salazar v. Scotts Bluff Cnty., 665 N.W.2d 659 (Neb. 2003).
“The court determined that § 13-926 of the Act restricted the amount recoverable against a governing body to $1 million for any person for any number of claims arising out of a single occurrence.”
— Neb. Rev. Stat. § 13-926(1) — 2 cases
Staley v. City of Omaha, 713 N.W.2d 457 (Neb. 2006).
“(d) Special Legislation Staley alleges that the damage cap specified in § 13-926 violates article I, § 16, of the Nebraska Constitution, which prohibits the passage of any law “making any irrevocable grant of special privileges or immunities,” and article III, § 18, which…”
Molina v. Am. Alt. Ins. Corp., 699 N.W.2d 415 (Neb. 2005).
“2d 659 (2003), this court held that despite a determination that Salazar’s damages attributable to the negligence of the deputy sheriff amounted to $4,484,018, the county’s legal liability to Salazar was limited to $1 million under Neb. Rev. Stat. § 13-926 (1) (Reissue 1997),…”
— Neb. Rev. Stat. § 13-926(2) — 1 case
Molina v. Am. Alt. Ins. Corp., 699 N.W.2d 415 (Neb. 2005).
“2d 659 (2003), this court held that despite a determination that Salazar’s damages attributable to the negligence of the deputy sheriff amounted to $4,484,018, the county’s legal liability to Salazar was limited to $1 million under Neb. Rev. Stat. § 13-926 (1) (Reissue 1997),…”
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