Insurance - Stacking of Uninsured Motorist Coverage in Nebraska: A Need for Clarification - Charley v. Farmers Mutual Insurance Co.

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Saladino, Thomas L.

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1986

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19

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INTRODUCTION|Attempts by courts to determine the limit of an insurance company's liability for uninsured motorist coverage, when more than one car is insured under a single policy of insurance, have resulted in confusion. The courts in various jurisdictions have arrived at contradictory and inconsistent results. The importance of resolving this confusion is reflected in the presence of over 100,000,000 licensed automobile drivers in the United States. Estimates of the number of uninsured motorists reach as high as 5,000,000.|In order to alleviate the potential problems created by so many financially irresponsible motorists, the New Hampshire legislature, in 1957, became the first to enact a law requiring that uninsured motorist coverage ("UMC") be provided in all automobile liability policies. UMC includes damage caused by hit-and-run drivers as well as uninsured motorists. UMC is unique in that it does not require "that the insured occupy a vehicle named in the insured's policy to recover for the insured loss." The insured is covered whether he is walking down the street or occupying another vehicle....

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19 Creighton L. Rev. 487 (1985-1986)

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Creighton University School of Law

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