Neb. Rev. Stat. » Chapter 44
Nebraska Revised Statutes

Neb. Rev. Stat. § 44-6409 (2026)

Maximum liability; limits of liability; how construed

✓ current as of July 2026
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(1) The maximum liability of the insurer under the uninsured motorist coverage or the underinsured motorist coverage shall be the amount of damages for bodily injury, sickness, disease, or death sustained by the insured less the amount paid to the insured by or for any person or organization which may be held legally liable for the bodily injury, sickness, disease, or death, but in no event shall the maximum liability of the insurer under either such coverage be more than the limits of the coverage provided.

(2) The limits of liability of uninsured motorist coverage and underinsured motorist coverage shall not be reduced by the amount of benefits paid under any first party medical payments coverage portion of the policy. The uninsured motorist coverage and underinsured motorist coverage shall be excess over, and shall not pay again, any medical expenses already paid under the first party medical payments coverage portion of the policy.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1998–2024 · leading case: Ploen v. Union Ins., 573 N.W.2d 436 (Neb. 1998).
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Ploen v. Union Ins., 573 N.W.2d 436 (Neb. 1998). · cites it 6× “) The language in § 44-6409 contradicts the notion that exhaustion clauses are consistent with Nebraska public policy.”
Johnson v. United States Fid. & Guar. Co., 696 N.W.2d 431 (Neb. 2005). · cites it 2× “1136, § 124 (operative July 1, 1991), codified as Neb. Rev. Stat. § 44-6409 (Reissue 2004) (transferred from Neb.”
Am. States Ins. v. Farm Bureau Ins., 583 N.W.2d 358 (Neb. Ct. App. 1998). · cites it 2× “Section 44-6409 (Cum. Supp. 1996) provides: “The maximum liability of the insurer .”
Marion v. Am. Fam. Mut. Ins. Co., S.I. (D. Colo. 2024). “First, Nebraska law allows UIM benefits to be offset by liability payments from a third party, Neb. Rev. Stat. § 44-6409 (1), whereas Colorado does not, see Colo.”
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