OMAHA, Neb. (AP) — The Nebraska Court of Appeals has rejected a man’s claim that his auto insurance company should pay his costs in a wrongful death case because it didn’t push him to have more coverage.
Investigators say Dennis Rath was driving recklessly on Sept. 10, 2010, when he caused a crash that killed 51-year-old Dana Peterson.
A settlement with Peterson’s estate saw Rath’s insurance carrier, State Farm Mutual Automobile Insurance Co., pay his policy limit of $50,000, and Rath personally pay $25,000.
Rath then sued State Farm and an insurance agent to recover the $25,000 and attorneys fees, arguing that they should have pressed him to carry more than $50,000 coverage for bodily injury liability.
But the appeals court on Tuesday said they had no duty to dictate liability coverage to Rath.