(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.
Neb. Rev. Stat. § 44-6409
Maximum liability; limits of liability; how construed
Applied in 2 court decisions — leading case Ploen v. Union Insurance (1998)
Most recently applied in Johnson v. United States Fidelity & Guaranty Co. (May 2005)
Laws 1986, LB 573, § 8; Laws 1990, LB 1136, § 124; R.S.Supp.,1992, § 60-578; Laws 1994, LB 1074, § 9; Laws 1997, LB 741, § 1.
Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.