Judgments: Statutes: Appeal and Error.
Questions of law and statutory interpretation require an
appellate court to reach a conclusion independent of the
decision made by the court below.
Insurance: Contracts. The interpretation and
meaning of an insurance policy is a question of law.
Summary Judgment: Appeal and Error. An
appellate court will affirm a lower court's granting of
summary judgment if the pleadings and admissible evidence
offered at the hearing show that there is no genuine issue as
to any material facts or as to the ultimate inferences that
may be drawn from those facts and that the moving party is
entitled to judgment as a matter of law.
Political Subdivisions Tort Claims Act: Immunity:
Waiver. The Political Subdivisions Tort Claims Act
allows a limited waiver of a political subdivision's
sovereign immunity with respect to certain, but not all,
types of tort actions.
__:__:__. Claims against a political subdivision that are
exempt from the waiver of sovereign immunity are set forth in
Neb. Rev. Stat. § 13-910 (Reissue 2012).
Appeal and Error. To be considered by an
appellate court, an error must be both specifically assigned
and specifically argued in the brief of the party asserting
Political Subdivisions Tort Claims Act: Legislature:
Immunity: Insurance: Waiver. Through enactment of
Neb. Rev. Stat. § 13-916 (Reissue 2012), the Legislature
allowed a political subdivision to waive immunity to some
extent by purchasing liability insurance.
Neb. 257] 8. Insurance: Contracts. In
construing insurance policy provisions, a court must
determine from the clear language of the policy whether the
insurer in fact insured against the risk involved.
Negligence: Intent. Where acts are voluntary
and intentional and the injury is the natural result of the
act, the result was not caused by accident even though that
result may have been unexpected, unforeseen, and unintended.
Appeal and Error. An appellate court is not
obligated to engage in an analysis that is not needed to
adjudicate the case and controversy before it.
from the District Court for Lancaster County: Jodi Nelson,
Jeffery R. Kirkpatrick, Lincoln City Attorney, and Elizabeth
D. Elliott for appellant.
Kelly, Lancaster County Attorney, and Douglas D. Cyr for
Heavican, C.J., Wright, Miller-Lerman, Cassel, Kelch, and
county obtains liability insurance, it waives sovereign
immunity from claims covered by the insurance to the extent
stated in the policy. The district court granted summary
judgment for a county based upon its policy's retained
insurance limit. But because the county's policy did not
cover the underlying event, there was no waiver of immunity
regardless of the retained insurance limit. Albeit for a
different reason, we affirm the district court's summary
suit, the City of Lincoln (the City) sued the County of
Lancaster (the County). A deputy sheriff with the County [297
Neb. 258] "made physical contact" with a police
officer employed by the City, who the deputy considered a
friend. There is no dispute that the deputy intended the
contact. The contact to the officer's shoulder was
variously described, ranging from "lighter than a
pat" "with an open palm" to a "closed
fist punch." Unbeknownst to the deputy, the police
officer had recently undergone surgery on the shoulder. The
contact injured the officer's shoulder, and the City paid
slightly more than $63, 000 in workers' compensation
expenses for those injuries.
time of the incident, the County had a retained limits
insurance policy which included coverage for general
liability. Under the general liability coverage part, for
each occurrence the retained limit was $250, 000 and the
limits of insurance was $4, 750, 000. The policy ...