BLAIR v. STATE FARM INS. CO.

Nos. S-04-280, S-04-308, S-04-325.

697 N.W.2d 266 (2005)

269 Neb. 874

Jason BLAIR, appellant and cross-appellee, v. STATE FARM INSURANCE COMPANY, appellee and cross-appellant. Dale E. Prickett, Personal Representative of the Estate of Traci A. Prickett, deceased, appellant and cross-appellee, v. State Farm Insurance Company, appellee and cross-appellant. Daniel R. Kost, Sr., Personal Representative of the Estate of Daniel R. Kost, Jr., deceased, appellant and cross-appellee, v. State Farm Insurance Company, appellee and cross-appellant.

Supreme Court of Nebraska.

May 27, 2005.


Attorney(s) appearing for the Case

Jeff Lapin, of Friedman Law Offices, Lincoln, for appellant Jason Blair.

Robert F. Bartle, of Bartle & Geier Law Firm, Lincoln, for appellant Dale E. Prickett.

William D. Sutter, of Knudsen, Berkheimer, Richardson & Endacott, L.L.P., Lincoln, for appellant Daniel R. Kost, Sr.

Cathy S. Trent, Stephen L. Ahl, and Melanie J. Whittamore-Mantzios, of Wolfe, Snowden, Hurd, Luers & Ahl, L.L.P., Lincoln, for appellee.

Hendry, C.J., Wright, Connolly, McCormack, and Miller-Lerman, JJ.


CONNOLLY, J.

After running a red light, an underinsured driver struck Marcelle A. DeWitt's vehicle. Jason Blair, the driver of DeWitt's vehicle, was injured, and Daniel R. Kost, Jr., and Traci A. Prickett, passengers in the vehicle, were killed. The automobile liability policy that insured DeWitt's vehicle, issued by State Farm Insurance Company (State Farm), did not provide underinsured motorist (UIM) coverage. But Blair and the personal representatives of the estates...

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