The Nebraska Supreme Court ruled December 19, 2025, in *Continental Indemnity Company v. Starr Indemnity & Liability Co.*, establishing key legal precedent regarding appellate jurisdiction in complex insurance litigation involving multiple parties and claims.
The case, designated No. S-25-087 and reported at 320 Neb. 574, involves Continental Indemnity Company, a New Mexico corporation serving as appellant, and Starr Indemnity & Liability Co., a New York insurance corporation as appellee. The dispute centers on fundamental questions of when appellate courts can exercise jurisdiction over insurance cases.
The Nebraska Supreme Court's opinion addresses several critical legal principles that will guide future appellate practice in the state. The court held that "the question of appellate jurisdiction is a question of law," establishing this as a matter for judicial determination rather than factual inquiry.
Central to the decision is the court's analysis of Nebraska's appellate jurisdiction statutes. The court examined Neb. Rev. Stat. §§ 25-1911 (Reissue 2016) and 25-1912 (Cum. Supp. 2024), which together establish the framework for when parties may appeal lower court decisions. According to the court's interpretation, "these statutes generally prescribe that for an appellate court to acquire jurisdiction of an appeal, the party must be appealing from a judgment or decree rendered or from a final order."
The court provided crucial guidance on what constitutes a "judgment rendered" under Nebraska law. The opinion states that such a judgment is "a final determination of the rights of the parties in an action, which is set forth by the court in a single, signed written document stating all of the relief granted or denied in an action." This definition provides clear parameters for determining when a lower court decision becomes appealable.
Particularly significant for complex litigation involving insurance companies is the court's discussion of cases with multiple claims or parties. The decision references Neb. Rev. Stat. § 25-1315(1) (Reissue 2016), which allows trial courts to certify otherwise interlocutory orders as final, appealable judgments under specific circumstances. This provision becomes crucial in insurance disputes that often involve multiple coverage issues, parties, and cross-claims.
The case represents the type of interstate insurance litigation that has become increasingly common as insurance companies operate across state lines. Continental Indemnity, based in New Mexico, and Starr Indemnity & Liability, incorporated in New York, exemplify the multi-jurisdictional nature of modern insurance disputes that require clear procedural guidance.
While the full text of the opinion provides additional detail on the court's reasoning, the available portions indicate the Nebraska Supreme Court took a methodical approach to analyzing the jurisdictional requirements. The court's emphasis on statutory interpretation suggests the decision relied heavily on the plain language of Nebraska's appellate statutes rather than expanding existing precedent.
The timing of the decision, issued in December 2025, places it among the final opinions of the court's current term. The case number S-25-087 indicates it was among the appeals docketed early in 2025, suggesting the litigation may have involved complex procedural issues that required extensive briefing and consideration.
For insurance practitioners and litigants in Nebraska, the decision provides valuable guidance on several fronts. First, it clarifies when insurance disputes can be appealed, particularly in cases involving multiple claims or parties. Second, it establishes the specific documentation requirements for appealable judgments, requiring courts to issue comprehensive, signed written documents addressing all relief sought.
The decision also has implications for case management in complex insurance litigation. By clarifying the standards for final orders and judgments, the court provides trial courts with better guidance on when to certify interlocutory orders as immediately appealable, potentially reducing delays in multi-party insurance cases.
Looking forward, the *Continental Indemnity* decision will likely be cited frequently in appellate briefs challenging jurisdiction in Nebraska courts. The clear articulation of jurisdictional requirements provides both a roadmap for parties seeking to appeal and grounds for courts to dismiss premature appeals.
The case also reflects broader trends in insurance litigation, where companies frequently dispute coverage obligations across state lines. As insurance markets continue to consolidate and operate nationally, clear procedural rules become increasingly important for resolving disputes efficiently.
For Nebraska's legal community, this decision reinforces the state's methodical approach to procedural questions and its reliance on statutory interpretation rather than judicial expansion of appellate rights. The court's detailed analysis of existing statutes demonstrates its commitment to providing clear guidance while respecting legislative intent regarding appeal procedures.
