§ 60-534 — Policy; contents; limits

Nebraska § 60-534

• Jurisdiction: Nebraska
• Ch. 60: Motor Vehicles

Text

Such motor vehicle liability policy shall (1) designate by explicit description or by appropriate reference all motor vehicles with respect to which coverage is thereby to be granted and (2) insure the person named therein and any other person, as insured, using any such motor vehicle or motor vehicles with the express or implied permission of such named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance, or use of such motor vehicle or motor vehicles within the United States of America or the Dominion of Canada, subject to limits exclusive of interest and costs, with respect to each such motor vehicle as follows: 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, fifty thousand dollars because of bodily injury to or death of two or more persons in any one accident, and twenty-five thousand dollars because of injury to or destruction of property of others in any one accident.

Legislative History

Source: Laws 1949, c. 178, § 34, p. 495; Laws 1959, c. 299, § 3, p. 1126; Laws 1965, c. 389, § 1, p. 1245; Laws 1973, LB 365, § 3; Laws 1983, LB 253, § 3; Laws 1999, LB 704, § 45. Annotations: Under this section, the omnibus clause applies to only owners and operators of motor vehicles who must certify their motor vehicle liability policy pursuant to sections 60-528 to 60-531 in order to reinstate an operator's license or registration which has been suspended or revoked for failure to pay a judgment. Universal Underwriters Ins. Co. v. Farm Bureau Ins. Co., 243 Neb. 194, 498 N.W.2d 333 (1993). Act concerning a third-party claim requires an owner's SR22 policy to cover risk pertaining to automobile that has replaced automobile designated in policy. Smith v. Canal Ins. Co., 184 Neb. 866, 173 N.W.2d 36 (1969). Amendment in 1965 to section 60-561 made this section applicable only to automobile liability policies which have been certified as proof of financial responsibility. State Farm Mut. Ins. Co. v. Pierce, 182 Neb. 805, 157 N.W.2d 399 (1968). Statutory omnibus clause is provided by this section. Iowa Mut. Ins. Co. v. Meckna, 180 Neb. 516, 144 N.W.2d 73 (1966). This section is controlling over inconsistent provision of insurance policy. Protective Fire and Cas. Co. v. Cornelius, 176 Neb. 75, 125 N.W.2d 179 (1963). A third party operating a named insured's vehicle becomes an additional insured party when given express or implied permission to operate the vehicle from an initial permittee. Implied permission by a named insured depends upon what actually was said and done prior to the accident. Because the essence of the implied permission doctrine is the course of conduct and relationship between the insured and another driver, the facts that two drivers were friends and periodically borrowed each other's cars without objection justified a finding of implied permission. State Farm Mut. Ins. Cos. v. AMCO Ins. Co., 9 Neb. App. 872, 621 N.W.2d 553 (2001). Purpose of omnibus clause is to fix the liability of additional insureds. Universal Underwriters Ins. Co. v. Wagner, 367 F.2d 866 (8th Cir. 1966). Question of permission by named insured to use of automobile by another is to be resolved as a matter of fact. Bekaert v. State Farm Mutual Auto Ins. Co., 230 F.2d 127 (8th Cir. 1956).