In Jones v. Shelter Mut. Ins. Companies, 274 Neb. 186 ( Neb. , 2007), a passenger in a vehicle was struck by an uninsured motorist who was legally liable for the accident. The passenger and his uninsured motorist (UM) carrier brought an action to recover UM benefits under the driver's policy which excluded the passenger from the definition of “insured.”

The question for the court was whether the driver's policy provision defining “use” to include only “operation and maintenance” of the vehicle was contrary to the public policy embodied in the Uninsured and Underinsured Motorist Insurance Coverage Act, the purpose of which is “to give the same protection to a person injured by an uninsured or underinsured motorist as the person would have if he or she had been injured in an accident caused by a automobile covered by a standard liability policy.”