On Friday, the Supreme Court of Nebraska unanimously approved a decision in favor of a Chubb Ltd. entity as to whether it had appropriately notified the city of Omaha of a subrogation claim involving a bus accident.
The Chubb unit Great Northern Insurance Co., acting on behalf of its policyholder, Omaha Performing Arts Society, filed a subrogation action against the Omaha Transit Authority, which conducts business such as Metro Area Transit, over $ 340,000 in estimated damages in connection with with a 2016 motor vehicle accident with a city bus, according to Friday's ruling from the state Supreme Court in Great Northern Insurance Co. v. Transit Authority of City of Omaha.
After Great Northern paid for the damages under its policy, it informed Metro of subrogation claims in a letter to Metro & # 39 ;s head of legal / human resources, who forwarded it to Metro & # 39 ;s external attorney.
Great Northern sued Metro for subrogation lawsuit in May 201
Great Northern claimed that it "substantially complied" with the statute and fulfilled the purpose of the statutes, which was to give the political subdivision in good time the notice of the requirement so that it could investigate and respond appropriately.
It was undeniable that the CEO director is the only Metro official whose duty it is to keep official records, and that he had not signed or received Great Northern & # 39 ;s letter. Metro has failed to show "it was entitled to judgment as a matter of law because the letter was not a" claim "" according to state statutes, the Supreme Court said in its decision.
"Furthermore, we find that even if one assumes that there is such an error, it is not of such a nature that leaving it uncorrected would lead to damage to the integrity, reputation or justice of the legal process," it said. in the case did not respond to a request for comment.