S-22-0898 Teresa Rose (Appellant) v. American Family Insurance Group (Appellee)
Appeal from the District Court for Douglas County, Judge J. Russell Derr
Attorneys: Eric R. Chandler (Chandler Conway, PC, LLO for Appellant) and Joel D. Nelson, Joel Bacon, and Brenna M. Grasz (Keating, O’Gara, Nedved, & Peter, PC, LLO for Appellee
Civil: Underinsured Motorist Benefits
Proceedings Below: The district court applied Iowa law and found that Appellant’s claim for underinsured motorist benefits under an Iowa insurance policy issued by Appellee (American Family) was barred by a two-year limitations period set forth in the policy. On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.
Issues: Appellant raises the following assignments of error: 1) The district court erred in enforcing a contractual limitation on actions that is shorter than the relevant Nebraska statute of limitations; 2) The district court erred in enforcing a contractual limitation on actions that provides less time to file an action for underinsured motorist coverage than the statutory time period allowed to pursue an action against the actual tortfeasor; 3) The district court erred in not finding that AMERICAN FAMILY was estopped from raising a defense based on a contractual limitation on actions; and 4) The district court erred in not finding that American Family waived any defense based on a contractual limitation on actions.