Automobile Liability Insurance in Nebraska—An Asset or Liability for the Out-of-State Defendant?
The ever-increasing use of the automobile by the American public has caused a corresponding increase in the amount of litigation resulting from this use. When this litigation involves a traffic accident occurring outside the jurisdiction of the state courts where the plaintiff brings suit, particular problems arise. One possible method of obtaining jurisdiction over a nonresident defendant for an out-of-state accident is to use the defendant's automobile liability policy alleging it to be an asset. If the insurance company is doing business in the plaintiff's state this "asset" may then be asserted as establishing the basis of a quasi in rem proceeding, thus allowing the plaintiff the convenience of his home forum. This comment examines the feasibility of obtaining this method of jurisdiction in Nebraska; (1) by using the policy of insurance to establish an administration proceeding in those cases where the defendant is deceased, and (2) by garnishing the insurance policy as an asset of the defendant in all other applicable cases.
Stephen A. Mazurak,
Automobile Liability Insurance in Nebraska—An Asset or Liability for the Out-of-State Defendant?,
49 Neb. L. Rev. 88
Available at: https://digitalcommons.unl.edu/nlr/vol49/iss1/6