Schrader v. Farmers Mutual Insurance

NATURE OF CASE

Michael V. Schrader appeals from an order of the Lancaster County District Court in which summary judgment was entered in favor of Farmers Mutual Insurance Company of Nebraska (Farmers Mutual) on the basis that Neb. Rev. Stat. § 44-6413(l)(e) (Reissue 1998) barred Schrader’s claim as untimely. The question presented in this appeal is whether § 44-6413(l)(e) operates to bar an insured’s claim for uninsured or underinsured motorist benefits when the insured has timely filed an underlying tort claim against the uninsured or underinsured motorist. For the reasons that follow, we…