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OSTRANSKY v. STATE FARM INS. CO.

No. S-95-860.

566 N.W.2d 399 (1997)

252 Neb. 833

Michael J. OSTRANSKY, Appellant, v. STATE FARM INSURANCE COMPANY, a foreign corporation, Appellee.

Supreme Court of Nebraska.

July 25, 1997.

Attorney(s) appearing for the Case

James R. Welsh, of Bradford, Coenen & Welsh, Omaha, and William C. Warnes, Papillion, for appellant.

Rex A. Rezac and Jill V. Perales, of Fraser, Stryker, Vaughn, Meusey, Olson, Boyer & Bloch, P.C., Omaha, for appellee.

WHITE, C.J., and CAPORALE, WRIGHT, CONNOLLY, GERRARD, STEPHAN, and McCORMACK, JJ.

CONNOLLY, Justice.

The appellant, Michael J. Ostransky, brought this action against appellee, State Farm Insurance Company, to declare his rights under an automobile policy of which he is an "insured," contending that the amount payable to him under the underinsured motorist coverage portion of the policy should not be offset by amounts he has received under the medical payments portion of the policy. We conclude that the insurance policy in question validly prohibits...

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