Insurance - Supreme Court Review

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1978
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FIRST PARAGRAPH(S)|During its most recent term, the Nebraska Supreme Court handed down several noteworthy insurance cases. For purposes of this survey, the more significant of these have been categorized in the general topic areas of uninsured motor vehicles, subrogation, contract modification and interpretation, recovery of attorney fees, and indemnity bonds. In Crossley v. Pacific Employers Insurance Co., the plaintiff (a Nebraska citizen) sustained personal injuries in an automobile accident occurring in Colorado and involving a resident of that state. The insurance contract between the plaintiff and defendant provided him with $10,000 uninsured motorist coverage. Prior to the accident the Colorado Legislature enacted a no-fault automobile accident insurance law. The provisions of this statute, however, applied only to bodily injuries. Following the accident, the plaintiff submitted a claim to the driver's insurance company seeking reparation for both property damage and physical injuries. That company paid for the property damage, but, after invoking the personal injury limitation in the no-fault law, refused to make any further payments. The plaintiff then brought this suit against his own insurance company under the uninsured motorist provisions of his policy...
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11 Creighton L. Rev. 235 (1977-1978)
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Creighton University School of Law
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