44-6407. Uninsured or underinsured motor vehicle; exclusions.
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/ne/chapter-44/44-6407A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
An uninsured or underinsured motor vehicle shall not include a motor vehicle:
(1)Insured under the liability coverage of the same policy of which the uninsured or underinsured motorist coverage is a part;
(2)Owned by, furnished, or available for the regular use of the named insured or any resident of the insured's household;
(3)Which is self-insured under sections 60-562 to 60-564 or is self-insured within the meaning of the motor vehicle financial responsibility law of any other state in which the motor vehicle is registered or any federal law which requires maintenance of financial responsibility;
(4)Which is owned by any government, political subdivision, or agency thereof; or
(5)Which is located and used as a residence or premises and not as a vehicle.
A "regular use" exclusion in an automobile insurance policy, which mirrors the statutory exclusion, reflects the public policy of this state and is not void as against public policy. Alsidez v. American Family Mut. Ins. Co., 282 Neb. 890, 807 N.W.2d 184 (2011).
Nebraska's Uninsured and Underinsured Motorist Insurance Coverage Act specifically excludes government-owned vehicles from the definition of "underinsured motor vehicle" and thus permits exclusion of government-owned vehicles from the definition of "underinsured motor vehicle" in an automobile insurance policy. Continental Western Ins. Co. v. Conn, 262 Neb. 147, 629 N.W.2d 494 (2001).