Saturday, May 13, 2006

Nebraska Supreme Court issues two contract dispute decisions where it refuses to find ambiguities in an underinsured motorist insurance policy and a purchase agreement for a landfillHillabrand v. American Fam. Mut. Ins. Co., S-05-049, 271 Neb. 585 and Kluver v. Deaver, S-05-104, 271 Neb. 595 In Hillabrand the Supreme Court refuses to extend underinsured motorist coverage that a company's owner purchased for business vehicles to his personal automobile while he was conducting business. How could a businessman let his personal vehicle coverage go for only the minimum and did he also make an executive waiver of worker comp? In Kluver, the plaintiff made a deal with Waste Management to sell it a dump site for Omaha trash that according to the royalties deal ended when the landfill filled to capacity. The Supreme Court found no problem with the royalties deal when Waste Management promptly started using adjacent land for a landfill. It will be very hard to find written contracts "ambiguous" from now on.

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