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Neb. Rev. Stat. § 44-6411

Maximum amount of recovery; multiple policies; priority of payment

Applied in 4 court decisions — leading case Nicholson v. General Cas. Co. of Wisconsin (2001)

Most recently applied in Rasmussen v. STATE FARM MUT. AUTO. INS. (August 2009)

Laws 1986, LB 573, § 10; R.S.1943, (1988), § 60-580; Laws 1994, LB 1074, § 11.

How often courts cite this section

2001200920
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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.

Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.