City of Lincoln v. County of Lancaster, 297 Neb. 256

A Lancaster County deputy intentionally made physical contact with a City of Lincoln police officer; the officer’s shoulder (recently operated on) was injured and the City paid ~$63,418 in workers’ compensation.
The County carried a retained-limits liability policy: $250,000 retained limit per occurrence and $4,750,000 policy limits; insurer obligated to pay amounts in excess of the retained limit.
The City sued the County seeking reimbursement for the medical/compensation expenses it paid on the officer’s behalf.
The County raised the Political Subdivisions Tort Claims Act (the Act) defenses, asserting the intentional-tort exception (battery) and sovereign immunity unless waived by insurance.
The district court granted summary judgment for the County, finding the claim arose from a battery (excluded by the Act) and that the County’s insurance did not waive immunity for the amount at issue.
On appeal the Nebraska Supreme Court affirmed but based on a distinct rationale: battery is not an "occurrence" under the policy, so the policy provided no coverage for the claim and thus the County did not waive immunity.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the City’s claim arises from a battery (intentional-tort exception under §13-910)	The contact was not a battery that bars recovery; the claim should fall under the Act waiver	The deputy’s touching was intentional and constitutes a battery exempting the claim from the Act’s waiver	Court: The touching was intentional; the claim arose from a battery and falls within the intentional-tort exception (County immune absent waiver)
Whether the County waived sovereign immunity by purchasing liability insurance under §13-916	The County’s purchase of liability insurance waived immunity for the City’s claim (even for amounts under retained limit)	The policy covers only accidental "occurrences" and pays only amounts in excess of the retained limit; the battery is not an "occurrence," so no coverage and no waiver	Court: Battery is not an "occurrence" (policy requires accidental happening); policy does not cover the claim, so no waiver of immunity; summary judgment for County affirmed

Kimminau v. City of Hastings, 291 Neb. 133, 864 N.W.2d 399 (clarifies statutory interpretation principles under the Act)
Drake-Williams Steel v. Continental Cas. Co., 294 Neb. 386, 883 N.W.2d 60 (insurance policy interpretation standard — coverage must be clear)
Britton v. City of Crawford, 282 Neb. 374, 803 N.W.2d 508 (defines battery as harmful intentional contact)
Austin v. State Farm Mut. Auto. Ins. Co., 261 Neb. 697, 625 N.W.2d 213 (intentional acts are not accidents for insurance coverage)
Blaser v. County of Madison, 288 Neb. 306, 847 N.W.2d 293 (statutory framework on waiver by purchase of insurance)
Farr v. Designer Phosphate & Premix Internat., 253 Neb. 201, 570 N.W.2d 320 (discussion on accidental versus intentional causation)