Worobec v. State Farm Mutual Automobile Insurance

Both parties moved for summary judgment. The District Court sustained plaintiffs motion and entered judgment in the amount of $10,000. Defendant insurer appeals. The sole issue presented is whether plaintiff is barred from recovery because he violated the terms of his policy by an agreement that no action would be taken to enforce a judgment entered by agreement against the uninsured tort-feasor’s property. We find this case to be controlled by Hastings v. Fireman’s Fund American Ins. Co., 193 Neb. 417, 227 N. W. 2d 418 (1975), and reverse.

Plaintiff, Michael Worobec, was involved in an…