§ 60-509 — Automobile liability policy; corporate surety bond; effective when; limits; notice of accident; duty of insurance company or surety company

Nebraska § 60-509

• Jurisdiction: Nebraska
• Ch. 60: Motor Vehicles

Text

No such policy or bond shall be effective under section 60-508 unless issued by an insurance company or surety company authorized to do business in this state, except that if such motor vehicle was not registered in this state or was a motor vehicle which was registered elsewhere than in this state at the effective date of a policy or bond or the most recent renewal thereof, such policy or bond shall not be effective under section 60-508 unless the insurance company or surety company, if not authorized to do business in this state, shall execute an acknowledgment that the company shall be amenable to process issued by a court of this state in any action upon such policy or bond arising out of such accident. Every such policy or bond is subject, if the accident has resulted in bodily injury, sickness, disease, or death, to a limit, exclusive of interest and costs, of not less than twenty-five thousand dollars because of bodily injury to or death of one person in any one accident and, subject to such limit for one person, to a limit of not less than fifty thousand dollars because of bodily injury to or death of two or more persons in any one accident and, if the accident has resulted in injury to or destruction of property, to a limit of not less than twenty-five thousand dollars because of injury to or destruction of property of others in any one accident. Upon receipt of a notice of such accident, the insurance company or surety company which issued such policy or bond shall furnish, for filing with the department, a written notice that such policy or bond was in effect at the time of such accident.

Legislative History

Source: Laws 1949, c. 178, § 9, p. 487; Laws 1959, c. 298, § 7, p. 1112; Laws 1959, c. 299, § 2, p. 1125; Laws 1973, LB 365, § 2; Laws 1983, LB 447, § 78; Laws 1983, LB 253, § 2; Laws 1986, LB 573, § 13. Annotations: This section defines the minimum limitation of an insurer's liability under an uninsured motorist policy. Brodersen v. Traders Ins. Co., 246 Neb. 688, 523 N.W.2d 24 (1994). This section neither requires nor prohibits the aggregation or stacking of multiple uninsured motorist coverages. Charley v. Farmers Mut. Ins. Co., 219 Neb. 765, 366 N.W.2d 417 (1985). Uninsured motorist coverage is dependent upon legal liability of the uninsured motorist to the insured. Crossley v. Pacific Employers Ins. Co., 198 Neb. 26, 251 N.W.2d 383 (1977). The uninsured motorist statute does not prohibit a limitation of liability to the minimum limits required by statute in each policy even though the policy may insure more than one automobile. Pettid v. Edwards, 195 Neb. 713, 240 N.W.2d 344 (1976). A motor vehicle covered by insurance in limits specified in this section does not become an uninsured vehicle, when because of multiple claims the insurance is not sufficient to satisfy liability of the insured to each claimant to the limits specified herein for individual claims. Emery v. State Farm Mut. Auto Ins. Co., 195 Neb. 619, 239 N.W.2d 798 (1976). In absence of showing Department of Motor Vehicles mailed Part II of accident report to insurance company named therein, there is no presumption provisions of this section were met. Belek v. Travelers Ind. Co., 187 Neb. 470, 191 N.W.2d 819 (1971).