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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 a -a - 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