(1) The uninsured and underinsured motorist coverages provided in the
Uninsured and Underinsured Motorist Insurance Coverage Act shall not apply
to:
(a) Bodily injury, sickness, disease, or death of the insured with respect
to which the insured or his or her representative makes, without the written
consent of the insurer, any settlement with or obtains any judgment against
any person who may be legally liable for any injuries if such settlement adversely
affects the rights of the insurer, except that this subdivision shall not
apply to underinsured motorist coverage when the insured has given notice
to the insurer, in compliance with subsection (2) of section 44-6412, and
the insurer has failed to make the required payment to protect its right of
subrogation;
(b) Bodily injury, sickness, disease, or death of an insured while occupying
a vehicle
owned by, but not insured by, the named insured or a spouse or relative residing
with the named insured;
(c) Bodily injury, sickness, disease, or death of an insured while occupying
an owned vehicle
which is used as a public or livery conveyance and which is not insured as
such;
(d) Bodily injury, sickness, disease, or death of an insured through
being struck by a vehicle owned by the named insured or a spouse or relative
residing with the named insured; and
(e) Bodily injury, sickness, disease, or death of the insured with respect
to which the applicable statute of limitations has expired on the insured's
claim against the uninsured or underinsured motorist.
(2) Insurers providing motor vehicle liability insurance coverage on
an excess or umbrella basis or incidental to some other basic coverage shall
not be required to offer, provide, or make available coverage conforming to
the Uninsured and Underinsured Motorist Insurance Coverage Act.
(3) An insurer may make underinsured motorist coverage a part of uninsured
motorist coverage.
(4) Nothing in the Uninsured and Underinsured Motorist Insurance Coverage
Act shall be construed to prevent an insurer from offering, making available,
or providing coverage under terms and conditions more favorable to its insured
or in limits higher than are required by the act.
(5) No policy subject
to the Uninsured and Underinsured Motorist Insurance Coverage Act shall define
insured, for purposes of the uninsured and underinsured coverages provided
in the act, so as to exclude any person occupying the insured motor vehicle
with the express or implied permission of an insured.
(6) The Director of Insurance shall adopt and
promulgate rules and regulations as are necessary to provide that the language
relating to coverages described in the Uninsured and Underinsured Motorist
Insurance Coverage Act is not unfair, inequitable, misleading, or deceptive
and does not encourage misrepresentation of the coverage.
Notes of Decisions
Kratochvil v. Motor Club Ins. Ass'n, 588 N.W.2d 565 (Neb. 1999).
· cites it 76× “01 is the statute applicable to his claim and that § 44-6413 is inapplicable because his cause of action accrued before the passage of the UUMICA.”
Dworak v. Farmers Ins. Exch., 693 N.W.2d 522 (Neb. 2005).
· cites it 31× “Farmers Insurance moved for summary judgment, asserting that the suit was barred under Neb. Rev. Stat. § 44-6413 (l)(e) (Reissue 2004) because the statute of limitations applicable to Dworak’s suit against the driver of the other vehicle had expired prior to Dworak’s…”
Reimers-Hild v. State, 741 N.W.2d 155 (Neb. 2007).
· cites it 19× “We reversed the judgment, explaining that § 44-6413(l)(e) “does not apply if an insured timely files a claim against an uninsured or underinsured motorist because the statute of limitations on the insured’s claim against the uninsured or underinsured motorist never expired”…”
Schrader v. Farmers Mut. Ins., 608 N.W.2d 194 (Neb. 2000).
· cites it 25× “Schrader appeals from an order of the Lancaster County District Court in which summary judgment was entered in favor of Farmers Mutual Insurance Company of Nebraska (Farmers Mutual) on the basis that Neb. Rev. Stat. § 44-6413 (l)(e) (Reissue 1998) barred Schrader’s claim as…”
Thrower v. Anson, 752 N.W.2d 555 (Neb. 2008).
· cites it 8× “We further conclude that because Progressive failed to carry its burden of showing that Thrower's release of Anson "adversely affected" its subrogation right as required under Neb.Rev.Stat. § 44-6413( l )(a) (Reissue 2004), it was not entitled to summary judgment.”
Snyder v. Case, 611 N.W.2d 409 (Neb. 2000).
· cites it 5× “The first is Neb. Rev. Stat. § 44-6413 (l)(e) (Reissue 1998), which provides that underin *626 sured motorist coverage shall not apply to an action for “[b]odily injury, sickness, disease, or death of the insured with respect to which the applicable statute of limitations has…”
Kline v. Farmers Ins. Exch., 766 N.W.2d 118 (Neb. 2009).
· cites it 10× “EXCLUSIONS (a) Not-Owned-But-Insured Exclusion and § 44-6413 The Court of Appeals held that the not-owned-but-insured exclusion was void for public policy reasons.”
Johnson v. United States Fid. & Guar. Co., 696 N.W.2d 431 (Neb. 2005).
· cites it 2× “§ 44-6413 (l)(e) (Reissue 2004), barring actions for UM or UIM coverage when insured’s underlying claim against tort-feasor expires, is inapplicable when insured timely files action against tort-feasor; in that circumstance, applicable statute of limitations on claim against…”
Woznicki v. GEICO Morse v. Erie Ins., 115 A.3d 152 (Md. 2015).
· cites it 2× “Moreover, of the states that, similar to Maryland, have legislatively addressed this issue, they expressly include a prejudice requirement in the context of a failure to obtain an insurer’s consent to settle unlike §19-511.”
Nicholson v. Gen. Cas. Co. of Wisconsin, 636 N.W.2d 372 (Neb. 2001).
· cites it 2× “§ 60-582 (4) (Reissue 1988), now codified at Neb. Rev. Stat. § 44-6413 (4) (Reissue 1998), there is no indication in the General Casualty policy that such was intended.”
Am. States Ins. v. Farm Bureau Ins., 583 N.W.2d 358 (Neb. Ct. App. 1998).
· cites it 8× “Subdivisions (l)(b) through (e) of § 44-6413 contain a list of events where the “coverages provided in the Uninsured and *517 Underinsured Motorist Insurance Coverage Act shall not apply.”
— Neb. Rev. Stat. § 44-6413(1) — 1 case
Dworak v. Farmers Ins. Exch., 693 N.W.2d 522 (Neb. 2005).
“Farmers Insurance moved for summary judgment, asserting that the suit was barred under Neb. Rev. Stat. § 44-6413 (l)(e) (Reissue 2004) because the statute of limitations applicable to Dworak’s suit against the driver of the other vehicle had expired prior to Dworak’s…”
— Neb. Rev. Stat. § 44-6413(1)(a) — 2 cases
Thrower v. Anson, 752 N.W.2d 555 (Neb. 2008).
“We further conclude that because Progressive failed to carry its burden of showing that Thrower's release of Anson "adversely affected" its subrogation right as required under Neb.Rev.Stat. § 44-6413( l )(a) (Reissue 2004), it was not entitled to summary judgment.”
— Neb. Rev. Stat. § 44-6413(1)(b) — 1 case
— Neb. Rev. Stat. § 44-6413(1)(e) — 3 cases
Kratochvil v. Motor Club Ins. Ass'n, 588 N.W.2d 565 (Neb. 1999).
“01 is the statute applicable to his claim and that § 44-6413 is inapplicable because his cause of action accrued before the passage of the UUMICA.”
Dworak v. Farmers Ins. Exch., 693 N.W.2d 522 (Neb. 2005).
“Farmers Insurance moved for summary judgment, asserting that the suit was barred under Neb. Rev. Stat. § 44-6413 (l)(e) (Reissue 2004) because the statute of limitations applicable to Dworak’s suit against the driver of the other vehicle had expired prior to Dworak’s…”
— Neb. Rev. Stat. § 44-6413(4) — 3 cases
Am. States Ins. v. Farm Bureau Ins., 583 N.W.2d 358 (Neb. Ct. App. 1998).
“Subdivisions (l)(b) through (e) of § 44-6413 contain a list of events where the “coverages provided in the Uninsured and *517 Underinsured Motorist Insurance Coverage Act shall not apply.”
— Neb. Rev. Stat. § 44-6413(a) — 1 case
Am. States Ins. v. Farm Bureau Ins., 583 N.W.2d 358 (Neb. Ct. App. 1998).
“Subdivisions (l)(b) through (e) of § 44-6413 contain a list of events where the “coverages provided in the Uninsured and *517 Underinsured Motorist Insurance Coverage Act shall not apply.”
— Neb. Rev. Stat. § 44-6413(b) — 2 cases
Am. States Ins. v. Farm Bureau Ins., 583 N.W.2d 358 (Neb. Ct. App. 1998).
“Subdivisions (l)(b) through (e) of § 44-6413 contain a list of events where the “coverages provided in the Uninsured and *517 Underinsured Motorist Insurance Coverage Act shall not apply.”
— Neb. Rev. Stat. § 44-6413(c) — 1 case
Am. States Ins. v. Farm Bureau Ins., 583 N.W.2d 358 (Neb. Ct. App. 1998).
“Subdivisions (l)(b) through (e) of § 44-6413 contain a list of events where the “coverages provided in the Uninsured and *517 Underinsured Motorist Insurance Coverage Act shall not apply.”
— Neb. Rev. Stat. § 44-6413(l)(a) — 2 cases
Am. States Ins. v. Farm Bureau Ins., 583 N.W.2d 358 (Neb. Ct. App. 1998).
“Subdivisions (l)(b) through (e) of § 44-6413 contain a list of events where the “coverages provided in the Uninsured and *517 Underinsured Motorist Insurance Coverage Act shall not apply.”
— Neb. Rev. Stat. § 44-6413(l)(e) — 6 cases
Dworak v. Farmers Ins. Exch., 693 N.W.2d 522 (Neb. 2005).
“Farmers Insurance moved for summary judgment, asserting that the suit was barred under Neb. Rev. Stat. § 44-6413 (l)(e) (Reissue 2004) because the statute of limitations applicable to Dworak’s suit against the driver of the other vehicle had expired prior to Dworak’s…”
Reimers-Hild v. State, 741 N.W.2d 155 (Neb. 2007).
“We reversed the judgment, explaining that § 44-6413(l)(e) “does not apply if an insured timely files a claim against an uninsured or underinsured motorist because the statute of limitations on the insured’s claim against the uninsured or underinsured motorist never expired”…”
Schrader v. Farmers Mut. Ins., 608 N.W.2d 194 (Neb. 2000).
“Schrader appeals from an order of the Lancaster County District Court in which summary judgment was entered in favor of Farmers Mutual Insurance Company of Nebraska (Farmers Mutual) on the basis that Neb. Rev. Stat. § 44-6413 (l)(e) (Reissue 1998) barred Schrader’s claim as…”
Kratochvil v. Motor Club Ins. Ass'n, 588 N.W.2d 565 (Neb. 1999).
“01 is the statute applicable to his claim and that § 44-6413 is inapplicable because his cause of action accrued before the passage of the UUMICA.”
Snyder v. Case, 611 N.W.2d 409 (Neb. 2000).
“The first is Neb. Rev. Stat. § 44-6413 (l)(e) (Reissue 1998), which provides that underin *626 sured motorist coverage shall not apply to an action for “[b]odily injury, sickness, disease, or death of the insured with respect to which the applicable statute of limitations has…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.