44-6411. Maximum amount of recovery; multiple policies; priority of payment.

405 words·~2 min read·/ne/chapter-44/44-6411

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.

Priority-of-payment provisions are not applicable in a case where the passenger in a motor vehicle collision was not an insured under the insurance policy of the vehicle in which he was an occupant at the time of his injury. Accordingly, the passenger is not entitled to benefits under more than one policy. Jones v. Shelter Mut. Ins. Cos., 274 Neb. 186, 738 N.W.2d 840 (2007).

This section establishes the maximum recovery of an insured in the specific circumstances where he or she is entitled to coverage under more than one underinsured motorist policy and, further, establishes the priority by which payments under such policies are to be made. Nicholson v. General Cas. Co. of Wis., 255 Neb. 937, 587 N.W.2d 867 (1999).

Stacking of uninsured motorist coverages is prohibited, and an insured's maximum recovery of uninsured motorist benefits is limited to the highest limit of any one applicable policy. Weston v. Continental Western Ins. Co., 14 Neb. App. 956, 720 N.W.2d 904 (2006).

This section provides for the amount of recovery and the priority of payment when there are multiple policies. American States Ins. Co. v. Farm Bureau Ins. Co., 7 Neb. App. 507, 583 N.W.2d 358 (1998).