13-926. Recovery under act; limitation; additional sources for recovery.
The total amount recoverable under the Political Subdivisions Tort Claims Act for claims arising out of an occurrence after November 16, 1985, shall be limited to:
(1) One million dollars for any person for any number of claims arising out of a single occurrence; and
(2) Five million dollars for all claims arising out of a single occurrence.
If the damages sustained by an innocent third party pursuant to section 13-911 are not fully recoverable from one or more political subdivisions due to the limitations in this section, additional sources for recovery shall be as follows: First, any offsetting payments specified in subsection (3) of section 13-911 shall be reduced to the extent necessary to fully compensate the innocent third party; and second, if such reduction is insufficient to fully compensate the innocent third party, the right of reimbursement granted to the political subdivision in subsection (2) of section 13-911 shall be reduced to the extent necessary to fully compensate the innocent third party.
Source
Annotations
When the damages suffered by an “innocent third party” are not fully recoverable because of the damages cap in this section, a political subdivision’s right to reimbursement must be reduced “to the extent necessary to fully compensate” the party. Werner v. County of Platte, 284 Neb. 899, 824 N.W.2d 38 (2012).
Parents of an injured minor have one damage cap, and the minor has a separate damage cap. Connelly v. City of Omaha, 284 Neb. 131, 816 N.W.2d 742 (2012).
The damage cap applies to each person having a claim arising from a single occurrence. Connelly v. City of Omaha, 284 Neb. 131, 816 N.W.2d 742 (2012).
The Legislature had a rational basis for enacting the damage cap in this section, and the cap does not violate an injured party’s right to substantive due process. Connelly v. City of Omaha, 284 Neb. 131, 816 N.W.2d 742 (2012).
The damage cap embodied in this section applies to all political subdivisions of the State of Nebraska, which together create a single class of tort-feasors to which the Legislature has chosen to apply uniform rules and procedures governing tort liability. By limiting the tort liability exposure of all political subdivisions in exactly the same manner, the Legislature has enacted a general law which does not contravene the constitutional prohibition of special legislation. Staley v. City of Omaha, 271 Neb. 543, 713 N.W.2d 457 (2006).
The fact that an insurer provided liability insurance coverage for that portion of a county's potential liability for a single occurrence which exceeded its legal liability to a single claimant cannot be viewed as creating any rights on the part of injured persons to recover more from the insurer than its insured was legally obligated to pay. Molina v. American Alternative Ins. Corp., 270 Neb. 218, 699 N.W.2d 415 (2005).
When a county's "legal obligation" to an injured party has been paid by the county and its underlying insurer, the county's "legal obligation to pay" has been fully satisfied under subsection (1) of this section, and an insurer providing the county with a commercial umbrella policy could have no contractual liability to an injured party for that portion of his or her proven damages which exceeded the statutory cap. Molina v. American Alternative Ins. Corp., 270 Neb. 218, 699 N.W.2d 415 (2005).
Structure Nebraska Revised Statutes
Chapter 13 - Cities, Counties, and Other Political Subdivisions
13-101 - Transferred to section 43-1401.
13-102 - Transferred to section 43-1402.
13-103 - Transferred to section 43-1403.
13-104 - Transferred to section 43-1404.
13-105 - Transferred to section 43-1405.
13-106 - Transferred to section 43-1406.
13-107 - Transferred to section 43-1407.
13-108 - Transferred to section 43-1408.
13-109 - Transferred to section 43-1409.
13-110 - Transferred to section 43-1410.
13-111 - Transferred to section 43-1411.
13-112 - Transferred to section 43-1412.
13-115 - Transferred to section 43-1413.
13-202 - Legislative findings.
13-204 - Community betterment organization; program; tax credit status.
13-205 - Program proposal; local government subdivision; department; review.
13-206 - Director; adopt rules and regulations; tax credits.
13-207 - Business firm or individual; receive tax credit; maximum amount; when.
13-303 - Counties, cities, and villages; contract; agreement; hearing; notice; cost; levy; fee.
13-304 - Recreational facilities; authorization; tax levy.
13-305 - Cities, villages, school districts, and counties; joint facilities; powers.
13-306 - Joint facilities; employees; park board; appointment; bonds; election; issuance.
13-307 - Joint facilities; bonds; authority of county board; eminent domain; powers.
13-308 - Municipal corporations; powers.
13-309 - Municipal corporation, defined.
13-311 - Formation of district; mailing of notice; requirements.
13-312 - Special assessment; mailing of notice; requirements.
13-313 - Failure to mail copy of published notice; assessment invalidated.
13-314 - Nonresident property owner, defined.
13-315 - Appropriation or expenditure; purposes; method; limitation.
13-316 - Expenditure; inclusion in budget.
13-317 - Juvenile emergency shelter care; contracts authorized.
13-319 - County; sales and use tax authorized; limitation; election.
13-320 - Public safety services, defined.
13-322 - Submission of question to voters; ballot language; procedure.
13-323 - Submission of question to voters; notice.
13-325 - County sales and use tax; distribution.
13-326 - County sales and use tax; laws governing; source of sales.
13-327 - County; cede jurisdiction; when; procedure.
13-328 - County; cede jurisdiction; limitation.
13-329 - County, city, village, or public utility; donation of motor vehicle; conditions.
13-401 - Members and employees; personal liability insurance; authorized.
13-403 - Real property; purchase, lease-purchase, or acquisition; appraisal required.
13-404 - Civil offices; vacancy; how filled.
13-405 - Definition or legal status of animal; political subdivision; limitation on power.
13-502 - Purpose of act; applicability.
13-504 - Proposed budget statement; contents; corrections; cash reserve; limitation.
13-505 - Proposed budget statement; estimated expenditures; unencumbered balances; estimated income.
13-507 - Levy increase; indicate on budget statement.
13-508 - Adopted budget statement; certified taxable valuation; levy.
13-509.01 - Cash balance; expenditure authorized; limitation.
13-509.02 - Cash balance; expenditure limitation; exceeded; when; section, how construed.
13-510 - Emergency; transfer of funds; violation; penalty.
13-512 - Budget statement; taxpayer; contest; basis; procedure.
13-513 - Auditor; request information; late fee; failure to provide information; auditor powers.
13-517 - School districts and educational service units; Nebraska Budget Act applicable.
13-520 - Limitations; not applicable to certain restricted funds.
13-521 - Governmental unit; unused restricted funds; authority to carry forward.
13-522 - Noncompliance with budget limitations; Auditor of Public Accounts; State Treasurer; duties.
13-601 - Local governments; receive funds from United States Government; expenditures authorized.
13-602 - Revenue sharing; interpretation.
13-603 - Revenue sharing; supplemental to existing laws; joint operations authorized.
13-604 - Municipalities and counties; federal and other funds; expenditures authorized.
13-606 - Financial statements; filing requirements.
13-609 - Electronic payments; acceptance; conditions.
13-610 - Purchasing card program; authorized; requirements; governing body; duties.
13-703 - Temporary location of seat of government; location.
13-704 - Temporary location of seat of government; validity of acts done.
13-706 - Sections, how construed.
13-804 - Public agencies; powers; agreements.
13-805 - Public agencies; submission of agreements for approval; when.
13-806 - Public agencies; appropriation of funds; supply personnel.
13-807 - Public agencies; contracts authorized; contents.
13-808 - Joint entity; issuance of bonds; powers; purposes.
13-809 - Joint entity; issuance of bonds; amounts; use.
13-810 - Issuance of bonds; immunity; limitations.
13-811 - Issuance of bonds; authorization; terms; signature.
13-812 - Bonds and coupons; negotiability; sale; price.
13-813 - Bonds and coupons; validity of signatures.
13-814 - Issuance of bonds; joint entity; powers.
13-815 - Joint entity; refunding bonds; authorized.
13-816 - Refunding bonds; exchange.
13-817 - Refunding bonds; proceeds; use.
13-818 - Refunding bonds; terms.
13-819 - Bond issuance; other consent not required.
13-820 - Joint entity; publication of resolution or other proceeding.
13-821 - Joint entity; notice of intention to issue bonds; contents.
13-822 - Resolution, proceeding, or bonds; right to contest.
13-823 - Bonds; designated as securities; investment authorized.
13-824 - Joint entity; bonds and property; exempt from taxation; when.
13-824.02 - Advertisement for sealed bids; requirements.
13-824.03 - Governing body; award of contract; considerations.
13-827 - Act, liberal construction.
13-902 - Legislative declarations.
13-904 - Governing body; powers.
13-905 - Tort claims; filing; requirements.
13-906 - Civil suit; when permitted.
13-907 - Jurisdiction; venue; procedure; appeal.
13-908 - Political subdivision; liability; no writ of execution; offer of settlement; effect.
13-909 - Final judgment; effect.
13-910 - Act and sections; exemptions.
13-911 - Vehicular pursuit by law enforcement officer; liability to third parties; reimbursement.
13-912 - Defective bridge or highway; damages; liability; limitation.
13-913 - Defective bridge or highway; legislative intent.
13-914 - Defective bridge or highway; compliance with standards; effect.
13-915 - Suit for alleged defect in construction or maintenance; defense.
13-916 - Liability insurance; effect.
13-917 - Award; acceptance; effect.
13-918 - Awards; judgments; payment.
13-919 - Claims; limitation of action.
13-920 - Suit against employee; act occurring after May 13, 1987; limitation of action.
13-922 - Suit against employee; recovery; limitation.
13-925 - Employee; action against; when.
13-926 - Recovery under act; limitation; additional sources for recovery.
13-927 - Skatepark and bicycle motocross park; sign required; warning notice.
13-928 - Political subdivision; state highway use for special event; applicability of act.
13-1001 - Plans authorized; when; contents.
13-1002 - Cooperation with other states.
13-1003 - Improvement districts.
13-1004 - Management of districts.
13-1005 - Acquisition of property.
13-1006 - Reversion of property.
13-1102 - Governing body; powers.
13-1103 - Bonds; restrictions; issuance; sale.
13-1104 - Bonds; security; agreements; default; payment; foreclosure.
13-1105 - Leasing or financing of project; governing body; powers and duties; hearing.
13-1106 - Refunding bonds; issuance; amount; rights of holders.
13-1107 - Bonds; proceeds from sale; disposition.
13-1108 - Projects; taxation; distress warrant; limitation.
13-1109 - Powers; cumulative; presumption regarding bonds and agreements.
13-1110 - Department of Economic Development; furnish advice and information.
13-1111 - Terms, defined; application for designation; exceptions.
13-1112 - Municipal bodies; notification of filing; approval; failure to reply; effect.
13-1114 - Designation; procedure.
13-1115 - Designation; use; inclusion within municipality; when.
13-1116 - Jurisdiction of county board.
13-1117 - Utility services; fire and police protection.
13-1118 - Change of boundaries; inclusion of tracts.
13-1119 - Change of boundaries; exclusion of tracts.
13-1120 - Termination of designation.
13-1202 - Legislative findings.
13-1204 - Department; coordinating and technical assistance agency; contracts authorized.
13-1205 - Department; powers, duties, and responsibilities; enumerated.
13-1206 - Department; receive gifts, grants, loans, contributions, and other funds; conditions.
13-1209 - Assistance program; established; state financial assistance; limitation.
13-1210 - Assistance program; department; certify funding; report.
13-1211 - City bus system receiving state funds; reduced fares for elderly or handicapped persons.
13-1211.01 - City bus system receiving state funds; reduced fares for low-income persons.
13-1214 - Intercity bus system assistance program; department; certify funding.
13-1301 - Declaration of purpose.
13-1303 - Commission; created; membership; expenses; quorum; corporate existence.
13-1304 - Commission; powers and duties.
13-1305 - Funds; county treasurer; disposition.
13-1306 - Bonds; notes; issuance; refunding; interest; payment.
13-1307 - Bonds; notes; legal investment.
13-1308 - Bonds; notes; exempt from taxation.
13-1309 - Commission; property; exempt from taxation.
13-1310 - Commission; obligations; state, county, or city; not liable.
13-1311 - City; county; powers.
13-1312 - Sections, how construed.
13-1401 - Authorization to establish; members; powers.
13-1403 - Members; terms; organization; records; removal; vacancies, how filled.
13-1404 - Harbor, waterfront, dock, and terminal facilities; construction; improvement; plan.
13-1405 - Property; purchase; condemnation; procedure.
13-1406 - Property; control; powers.
13-1407 - Streets; alleys; public grounds; jurisdiction.
13-1408 - Harbor; waterfront; jurisdiction.
13-1410 - Harbors, ports, and facilities; improvement; promotion of commerce.
13-1411 - Tolls, fees, and other charges; conditions; procedure for adoption.
13-1412 - Rules and regulations; violation; penalty.
13-1413 - Officers and employees; employment.
13-1414 - Docks; terminal facilities; construction; plans; bids; contracts.
13-1415 - Annual report; expenses; appropriation.
13-1416 - Revenue bonds; issuance; payment; dock fund.
13-1417 - Funds; deposit; disbursement; books and records.
13-1503 - Public agencies; powers; agreements.
13-1504 - Agreement; contents.
13-1506 - Agreement; revocation.
13-1507 - Public agency; appropriate funds; provide personnel.
13-1508 - Agreements; prohibited provisions.
13-1509 - Existing agreements; validity.
13-1603 - Definitions, where found.
13-1605 - Covered dependent, defined.
13-1606 - Covered employee, defined.
13-1607 - Employee benefit plan, defined.
13-1608 - Excess insurance, defined.
13-1609 - Independent actuary, defined.
13-1611 - Plan sponsor, defined.
13-1612 - Political subdivision, defined.
13-1613 - Self-funding or self-funded, defined.
13-1614 - Political subdivision; employee benefit plans; requirements.
13-1615 - Plan sponsor; use of self-funding; exemption from other laws.
13-1618 - Plan sponsor; summary; contents.
13-1619 - Plan sponsor; accruals, reserves, and disbursements; requirements.
13-1620 - Governing body; annual report.
13-1621 - Plan sponsor; contributions; when.
13-1622 - Plan sponsor; obtain excess insurance; when.
13-1623 - Self-funded portion of employee benefit plan; claim procedure; requirements.
13-1625 - Civil action to require compliance; attorney's fees; when.
13-1626 - Compliance with act; when required.
13-1702 - Request for siting approval.
13-1704 - Notice to property owners; publication; failure to notify; effect.
13-1705 - Request for siting approval; filing requirements; comments.
13-1706 - Public hearing; procedure.
13-1707 - Final action; when required; amended application.
13-1708 - Construction commencement date.
13-1709 - Procedures; exclusive.
13-1711 - Reapplication; restriction.
13-1712 - Disapproval; hearing before district court.
13-1713 - Approval; contest; hearing before district court.
13-1714 - Approval; contest; filing fee.
13-1801 - Officers and employees; action against; defense; payment of judgment; liability insurance.
13-1802 - Law enforcement activity; insurance required.
13-1901 - Nebraska planning and development regions; created.
13-1902 - Development districts; formation; local government, defined.
13-1903 - Development district; policy board.
13-1904 - Development district; duties.
13-1905 - Development districts; certification for funding.
13-1906 - Distribution of financial assistance.
13-1907 - Rules and regulations; annual reports; evaluation; Governor; powers.
13-2002 - Legislative findings and declarations.
13-2003 - Definitions, where found.
13-2004.01 - Container, defined.
13-2007 - County solid waste jurisdiction area, defined.
13-2008 - Department, defined.
13-2011 - Integrated solid waste management, defined.
13-2012 - Municipal solid waste jurisdiction area, defined.
13-2013 - Municipality, defined.
13-2013.01 - Passenger tire equivalent of waste tires, defined.
13-2013.02 - Scrap tire or waste tire, defined.
13-2014 - Solid waste, defined.
13-2015 - Solid waste management plan, defined.
13-2016.01 - Yard waste, defined.
13-2017 - Policy of the state.
13-2018 - Solid waste management hierarchy; established; cooperative program; established.
13-2020.01 - Imposition of lien for nonpayment of rates and charges; vote required.
13-2025 - County, municipality, or agency; service agreement; fees and charges; amount.
13-2025.01 - Joint entity or joint public agency; reporting of budget; filing required.
13-2026 - Municipalities, counties, and agencies; regulate solid waste management; when.
13-2028 - Exemption; limitation.
13-2029 - Counties and municipalities; statement of intent; filings; failure to file; effect.
13-2031 - Integrated solid waste management plan; filing; approval.
13-2034 - Rules and regulations.
13-2038 - Definition of certain solid wastes; council; adopt rules and regulations.
13-2039 - Land disposal of certain solid wastes; prohibited; when; exceptions.
13-2043 - Construction of act.
13-2101 - Legislative findings.
13-2103 - Designation; application; requirements; limitation; term.
13-2104 - Application; contents.
13-2105 - State government interagency response team.
13-2107 - Public hearing; notice.
13-2109 - Enterprise zone association; board; membership; vacancies; powers and duties; dissolution.
13-2110 - Enterprise zone association; powers and duties.
13-2112 - Rules and regulations.
13-2203 - Additional expenditures; governing body; powers; procedures.
13-2204 - Expenditures; limitations; exception.
13-2504 - Agreements authorized; conditions; transfer of property and employees.
13-2505 - Joint exercise of powers.
13-2506 - Legislative power; limitation.
13-2507 - Power to tax; election; when required.
13-2508 - Joint public agencies; creation authorized.
13-2509 - Creation; procedure; appointment of representatives.
13-2510 - Creation; statement; contents.
13-2511 - Creation; Secretary of State; duties; certificate of creation; issuance.
13-2512 - Certificate of creation; proof of establishment.
13-2513 - Participation by other public agencies; procedure.
13-2514 - Representatives; terms; vacancy; expenses.
13-2515 - Representatives; number; voting; quorum; meetings.
13-2516 - Board; officers; employees.
13-2517 - Committees; meetings.
13-2518 - Dissolution; withdrawal.
13-2519 - Status as political subdivision.
13-2520 - Applicability of Political Subdivisions Tort Claims Act.
13-2522 - Liability insurance coverage.
13-2524 - Bankruptcy petition; authorized.
13-2525 - Biennial report; fee.
13-2527 - Expenditures; bond requirements.
13-2528 - Agreement; approval by state officer or agency; when required.
13-2529 - Public agencies; powers.
13-2530 - Revenue bonds authorized.
13-2531 - General obligation bonds.
13-2533 - Bond issuance; procedure.
13-2534 - Bonds; negotiation; sale.
13-2536 - Bond issuance; covenants.
13-2537 - Refunding bonds authorized.
13-2538 - Refunding bonds; proceeds.
13-2539 - Refunding bonds; exchange for other bonds.
13-2540 - Other bond provisions applicable.
13-2541 - Bond issuance; consent not required.
13-2543 - Issuance of bonds; notice.
13-2544 - Issuance of bonds; right to contest; procedure.
13-2545 - Bonds; investment authorized.
13-2546 - Bonds, property, and income; exempt from taxes; when.
13-2549 - Joint public agency; status.
13-2550 - Liberal construction.
13-2602 - Legislative findings.
13-2605 - State assistance; application; contents.
13-2606 - Board; powers and duties; hearing.
13-2607 - Board; assistance approved; when; quorum.
13-2609 - Tax Commissioner; duties; certain retailers and operators; reports required.
13-2611 - Bonds; issuance; election.
13-2612 - Act; applications; limitation.
13-2613 - Rules and regulations.
13-2704 - Civic and Community Center Financing Fund; created; use; investment.
13-2704.01 - Grants of assistance; purposes; applications; evaluation.
13-2704.02 - Grants of assistance; engineering and technical studies.
13-2706 - Eligibility for grant; grant application.
13-2707 - Department; evaluation criteria; match required; location.
13-2707.01 - Grant; engineering and technical studies; evaluation criteria.
13-2710 - Rules and regulations.
13-2801 - Municipal county; creation; procedure.
13-2802 - Metropolitan utilities district; how treated.
13-2803 - Council; members; quorum; election; executive officer.
13-2804 - Municipal county; powers and duties; provisions governing transition.
13-2805 - Ordinances; adoption; procedure.
13-2806 - Ordinances; requirements.
13-2807 - Ordinance; form; publication; emergency.
13-2808 - Levy authorized; allocations.
13-2809 - Municipalities and fire protection districts within municipal county; treatment.
13-2810 - Election; requirements.
13-2811 - Approval of formation of municipal county; effect.
13-2812 - Dissolution; procedure.
13-2813 - Sales and use tax authorized.
13-2814 - Sales and use tax; administration.
13-2815 - Sales and use tax proceeds; use.
13-2816 - Nebraska Revenue Act of 1967; applicability.
13-2817 - Municipality; payments to municipal county; when; amount; how determined.
13-2819 - Sanitary and improvement district; consolidated with municipal county; procedure.
13-2904 - Contracts authorized; governing body; resolution required.
13-2905 - Political subdivision; policies; requirements.
13-2906 - Letters of interest; requirements.
13-2907 - Design-build contract; request for proposals; requirements.
13-2908 - Design-build contract; evaluation of proposals; requirements; negotiations.
13-2909 - Construction management at risk contract; request for proposals; requirements.
13-2911 - Contract proposals; evaluation; selection committee; duties.
13-2912 - Contracts; refinements; changes authorized.
13-2913 - Act; bonding or insurance requirements.
13-3001 - Peace officer; production or disclosure of personal financial records; restrictions.
13-3002 - Peace officer; release of photograph; restrictions.
13-3003 - Peace officer; disciplinary action; inclusion in personnel record; restrictions.
13-3004 - Peace officer; exercise of rights; no retaliation.
13-3103 - State assistance; limitation.
13-3104 - Application; contents; board; duties.
13-3105 - Public hearing; notice.
13-3106 - Application; approval; board; findings; temporary approval; when; board; quorum.
13-3107 - Tax Commissioner; duties; Department of Revenue; rules and regulations.
13-3109 - Bonds and refunding bonds; issuance; procedure; security; treatment.
13-3202 - Legislative findings.
13-3208 - Loss reserve fund; created; funding; use.
13-3209 - Debt service reserve fund.
13-3210 - Use of Interlocal Cooperation Act; public hearing; contract authorized.
13-3211 - Report; required, when; contents.
13-3302 - Legislative findings and declarations.
13-3304 - Inland port authority; creation; limitation; criteria; certification; procedure.
13-3305 - Designation of area; criteria; procedure.
13-3306 - Inland port authority; powers.
13-3308 - Bonds; issuance; pledge of revenue; liability.
13-3309 - Inland port authority; bonds; exempt from taxes and assessments; exception.
13-3310 - Board; members; appointment; term; vacancy, how filled.
13-3311 - Commissioner; employee; eligibility to serve; acts prohibited.
13-3312 - Board; subject to Open Meetings Act and public records provisions.