Plaintiffs attorney in Nebraska wins underinsured motorist case against American Family from 3 vehicle auto accident because he was successful in shaking down 2nd vehicles insurer even though its driver was not at fault Omaha Personal Injury Lawyer Blog. Did you know if you are in a car accident, make sure you sue every driver in sight. In Pogge v American Family Insurance (Nebraska Supreme Court) Plaintiff was injured in a three vehicle accident. The injured plaintiff settled with first vehicle for total amount of liability coverage, plaintiff then settled with second vehicle for less than the liability coverage, with a release stating that the settlement is in compromise of a claim without any admission of liability. Plaintiff sued his own insurer, American Family Insurance, for underinsurance and AmFam denied coverage for failing the exhaust all of the primary coverage. Reversing the Douglas County District Court, the Supreme court rules a settlement is not an admission of liability and to rule as the trial ruled is an error of law. Normally an injured motorist who seeks underinsured motorist coverage must exhaust all available liability policies. Supreme court reverses: Without an admission of liability and without evidence of the second vehicle's driver's negligence, the Supreme Court ruled that the plaintiff's motion for summary judgment should be allowed, that there is no evidence that the liability insurance available to the plaintiff has not been exhausted, and the case is remanded to determine damages.