Kratochvil v. Motor Club Ins. Ass'n

588 N.W.2d 565, 255 Neb. 977, 1999 Neb. LEXIS 12
CourtNebraska Supreme Court
DecidedJanuary 22, 1999
DocketS-97-865
StatusPublished
Cited by25 cases

This text of 588 N.W.2d 565 (Kratochvil v. Motor Club Ins. Ass'n) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kratochvil v. Motor Club Ins. Ass'n, 588 N.W.2d 565, 255 Neb. 977, 1999 Neb. LEXIS 12 (Neb. 1999).

Opinions

Hendry, C.J.

INTRODUCTION

Neal J. Kratochvil filed an action against his insurer, Motor Club Insurance Association (Motor Club), to recover uninsured motorist benefits provided for in his automobile liability insurance policy. The primary issue on review is whether an insured’s claims against an insurer for uninsured motorist benefits are barred by Neb. Rev. Stat. § 44-6413(l)(e) (Reissue 1998) when the cause of action arose prior to passage of the 1994 Uninsured and Underinsured Motorist Insurance Coverage Act (UUMICA), Neb. Rev. Stat. § 44-6401 et seq. [979]*979(Reissue 1993 & Cum. Supp. 1994), but was not filed until after the legislation became operative.

FACTUAL BACKGROUND

On May 15,1991, Kratochvil suffered personal injuries in an automobile accident with an uninsured motorist. Kratochvil was a passenger in the automobile which was driven by his mother. At the time of the accident, Kratochvil was insured by two automobile liability policies, both of which contained uninsured motorist coverage issued by Motor Club. Within 4 months of the accident, Kratochvil received a $500 payment from Motor Club for ambulance and transportation services rendered to him at the scene of the accident. Kratochvil was also given notice that Motor Club would be unable to pay anything further on his claim.

During this same time period, Kratochvil was also negotiating a settlement for uninsured motorist benefits with his father’s insurer. In compliance with Motor Club’s policy, Kratochvil contacted Motor Club on December 12, 1991, seeking its consent to a settlement offer from his father’s insurer. The purpose of the consent was to avoid exclusion of any future claims Kratochvil may have had against Motor Club. On January 14, 1992, Motor Club informed Kratochvil that its consent was unnecessary to the settlement with his father’s insurer. Motor Club explained that its policy required only consent to settlements paid directly under its own policies. Nothing in the record indicates that there was any further communication between the parties until Kratochvil filed this suit.

PROCEDURAL BACKGROUND

On May 14, 1996, Kratochvil filed suit in the Platte County District Court against Motor Club for uninsured motorist coverage benefits. Motor Club answered Kratochvil’s petition and alleged that it was contractually bound to pay Kratochvil only those benefits that he would be “ ‘legally entitled to recover from the owner or operator of an uninsured motor vehicle.’ ” Motor Club also alleged that any claim Kratochvil would have against the uninsured driver was barred by Neb. Rev. Stat. § 25-207 (Reissue 1995).

[980]*980Motor Club filed a motion for summary judgment and alleged that Kratochvil’s claim against the uninsured motorist was barred by the statute of limitations pertaining to tort actions and that, therefore, the claim against Motor Club was barred pursuant to § 44-6413(1)(e). A hearing on the motion for summary judgment was held, and on June 30, 1997, the district court sustained Motor Club’s motion for summary judgment. The court found that Kratochvil’s claim was precluded by § 44-6413(1)(e) because the applicable statute of limitations for Kratochvil’s claims against the uninsured driver had expired. The court reasoned that § 44-6413(1)(e) applied because it was the specific statute of limitations in effect at the time Kratochvil’s claim was filed.

Kratochvil filed a motion for new trial and alleged that the district court’s decision was contrary to law and that the UUMICA should not apply retrospectively to his claim. The district court denied the motion, and Kratochvil thereafter appealed to the Nebraska Court of Appeals. We removed the case to our docket pursuant to our power to regulate the Court of Appeals’ caseload and that of this court. See Neb. Rev. Stat. § 24-1106(3) (Reissue 1995).

ASSIGNMENTS OF ERROR

Kratochvil contends, rephrased and summarized, that the district court erred in (1) determining that § 44-6413(1)(e) rather than Neb. Rev. Stat. § 60-509.01 (Reissue 1993) governed his claim for uninsured motorist benefits and (2) finding that § 44-6413(1)(e) governed without determining whether a “reasonable time” had been allowed in which to file his claim, as required by due process.

STANDARD OF REVIEW

Summary judgment is proper only when the pleadings, depositions, admissions, stipulations, and affidavits in the record disclose that there is no genuine issue as to any material fact or as to the ultimate inferences that may be drawn from those facts and that the moving party is entitled to judgment as a matter of law. American Family Ins. Group v. Hemenway, 254 Neb. 134, 575 N.W.2d 143 (1998); Houghton v. Big Red Keno, 254 Neb. [981]*98181, 574 N.W.2d 494 (1998). In reviewing a summary judgment, an appellate court views the evidence in a light most favorable to the party ¿gainst whom the judgment is granted and gives such party the benefit of all reasonable inferences deducible from the evidence. Barnett v. Peters, 254 Neb. 74, 574 N.W.2d 487 (1998); Chalupa v. Chalupa, 254 Neb. 59, 574 N.W.2d 509 (1998). In reviewing an order granting a motion for summary judgment, the question is not how a factual issue is to be decided, but whether any real issue of material fact exists. Miller v. City of Omaha, 253 Neb. 798, 573 N.W.2d 121 (1998).

The determination of which statute of limitations applies is a question of law. Jorgensen v. State Nat. Bank & Trust, ante p. 241, 583 N.W.2d 331 (1998); PSB Credit Servs. v. Rich, 251 Neb. 474, 558 N.W.2d 295 (1997). Similarly, the determination of what constitutes a reasonable time following a legislative shortening of a statutory limitation period is also a question of law. See, e.g., Macku v. Drackett Products Co., 216 Neb. 176, 343 N.W.2d 58 (1984); Educational Service Unit No. 3 v. Mammel, O., S., H. & S., Inc., 192 Neb. 431, 222 N.W.2d 125 (1974). In connection with questions of law, an appellate court has an obligation to reach an independent conclusion irrespective of the decision made by the court below. Billups v. Troia, 253 Neb. 295, 570 N.W.2d 706 (1997); Metropolitan Utilities Dist. v. Twin Platte NRD, 250 Neb. 442, 550 N.W.2d 907 (1996).

ANALYSIS

Before reaching the merits of the case, a brief discussion of the UUMICA is warranted.

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Bluebook (online)
588 N.W.2d 565, 255 Neb. 977, 1999 Neb. LEXIS 12, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kratochvil-v-motor-club-ins-assn-neb-1999.