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2022 Op. Neb. Att'y Gen. 1 (2022)

handle is hein.sag/sagne2022 and id is 1 raw text is: ®ff ire

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STATE OF NEBRASKA
of tle Attornirp Oneral
2115 STATE CAPITOL BUILDING
LINCOLN, NE 68509-8920
(402) 471-2682
TDD (402) 471-2682
FAX (402) 471-3297 or (402) 471-4725

DOUGLAS J. PETERSON
ATTORNEY GENERAL
STATE OF NEBRASKA
OFFICIAL
JAN 112022
DEPT. OF JUSTICE

SUBJECT
REQUESTED BY:
WRITTEN BY:

Authority of the Nebraska Public Service Commission to Adopt a
Regulation Requiring Licensed Carriers of Railroad Employees to
Maintain Uninsured and Underinsured Motorist Coverage in Excess
of the Maximum Amounts Established in Neb. Rev. Stat.
§ 44-6408(2) (2010).
Dan Watermeier, Chair
Nebraska Public Service Commission
Douglas J. Peterson, Attorney General
L. Jay Bartel, Assistant Attorney General

INTRODUCTION
The Uninsured and Underinsured Motorist Coverage Act provides that insurers are
not required to provide uninsured and underinsured motorist [UM/UIM] coverage at
limits higher than one hundred thousand dollars per person and three hundred thousand
dollars per accident. Neb. Rev. Stat. § 44-6408(2) (2010)). The Nebraska Public Service
Commission's [Commission] current regulations require that, in addition to minimum
liability insurance, all carriers of passengers will also carry uninsured and underinsured
motorist coverage with a minimum limit of one hundred thousand ($100,000) per person,
three hundred thousand ($300,000) aggregate per accident coverage. 291 Neb. Admin.
Code, ch. 3, § 006.02.
In 2020, the Legislature created a new category of motor carriers engaged in
certain transportation of property or persons under a license. 2020 Neb. Laws LB 461
(codified at Neb. Rev. Stat. §§ 75-109.01, 75-118, 75-124, 75-156, 75-301, 75-302, 75-
303, 75-304.03, 75-304.04, 75-307, 75-308, and 75-311 (Cum. Supp. 2020)). Motor
carriers operating under a license issued by the Commission include a motor carrier

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