(1) In the event an insured is entitled to uninsured or underinsured motorist coverage under more than one policy of motor vehicle liability insurance, the maximum amount an insured may recover shall not exceed the highest limit of any one such policy.
(2) In the event of bodily injury, sickness, disease, or death of an insured while occupying a motor vehicle not owned by the insured, payment shall be made in the following order of priority, subject to the limitations in subsection (1) of this section: (a) The uninsured or underinsured motorist coverage on the occupied motor vehicle is primary; and (b) if such primary coverage is exhausted, other uninsured or underinsured motorist coverage available to the insured is excess.
(3) When multiple policies apply, payment shall be made in the following order of priority, subject to the limit of liability for each applicable policy:
(a) A policy covering a motor vehicle occupied by the injured person at the time of the accident;
(b) A policy covering a motor vehicle which causes bodily injury, sickness, disease, or death of the insured while a pedestrian; and
(c) A policy covering a motor vehicle not involved in the accident with respect to which the injured person is an insured.
Notes of Decisions
Jones v. Shelter Mut. Ins. Companies, 738 N.W.2d 840 (Neb. 2007).
· cites it 10× “Section 44-6411 provides: (1) In the event an insured is entitled to uninsured or underinsured motorist coverage under more than one policy of motor vehicle liability insurance, the maximum amount an insured may recover shall not exceed the highest limit of any one such policy.”
Rasmussen v. State Farm Mut. Auto. Ins., 770 N.W.2d 619 (Neb. 2009).
· cites it 4× “Nebraska law provides: Regardless of the number of vehicles involved, persons covered, claims made, vehicles or premiums shown on the policy, or premiums paid, the limits of liability for uninsured or underinsured motorist coverage for two or more motor vehicles insured under…”
Nicholson v. Gen. Cas. Co. of Wisconsin, 636 N.W.2d 372 (Neb. 2001).
· cites it 2× “In 1994, § 60-580 was amended and recodified as Neb. Rev. Stat. § 44-6411 (Reissue 1998), and now specifically provides that in the event of bodily injury, sickness, disease, or death of an insured while occupying a motor vehicle not owned by the *885 insured, the UIM coverage…”
Kline v. Farmers Ins. Exch., 766 N.W.2d 118 (Neb. 2009).
· cites it 5× “s unambiguous as to what "this coverage" meant, then the exclusion violated public policy, because it allowed Farmers to deny UIM benefits whenever underinsured coverage was available in a lesser amount under another policy, preventing an insured from receiving full…”
Am. States Ins. v. Farm Bureau Ins., 583 N.W.2d 358 (Neb. Ct. App. 1998).
“1996) provides that policies shall not be stacked, and § 44-6411 (Cum. Supp. 1996) provides for the amount of recovery and the priority of payment when there are multiple policies.”
Van Ert v. State Farm Mut. Auto. Ins. Co., 758 N.W.2d 36 (Neb. 2008).
· cites it 2× “Van Ert claimed that State Farm was statutorily required to compensate her up to the highest limit of any one of the insurance policies under Neb.Rev. Stat. § 44-6411 (Reissue 2004). State Farm refused to pay out to the limits of the insurance policy on the Jeep, but did pay Van…”
Weston v. Cont'l W. Ins., 720 N.W.2d 904 (Neb. Ct. App. 2006).
· cites it 5× “icles or premiums shown on the policy, or premiums paid, the limits of liability for uninsured or underinsured motorist coverage for two or more motor vehicles insured under the same policy or separate policies shall not be added together, combined, or stacked to determine the…”
Shelter Ins. Co. v. Gomez, 306 Neb. 607 (Neb. 2020).
“41 See § 44-6411. - 623 - Nebraska Supreme Court Advance Sheets 306 Nebraska Reports SHELTER INS.”
— Neb. Rev. Stat. § 44-6411(1) — 2 cases
Rasmussen v. State Farm Mut. Auto. Ins., 770 N.W.2d 619 (Neb. 2009).
“Nebraska law provides: Regardless of the number of vehicles involved, persons covered, claims made, vehicles or premiums shown on the policy, or premiums paid, the limits of liability for uninsured or underinsured motorist coverage for two or more motor vehicles insured under…”
Weston v. Cont'l W. Ins., 720 N.W.2d 904 (Neb. Ct. App. 2006).
“icles or premiums shown on the policy, or premiums paid, the limits of liability for uninsured or underinsured motorist coverage for two or more motor vehicles insured under the same policy or separate policies shall not be added together, combined, or stacked to determine the…”
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