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PROTECTIVE FIRE AND CASUALTY COMPANY v. CORNELIUS

No. 35486.

125 N.W.2d 179 (1963)

176 Neb. 75

PROTECTIVE FIRE AND CASUALTY COMPANY, a Corporation, Appellant, v. Glenda CORNELIUS, Jerry Dee Van Hoozer, Martin Schwartzman doing business as Marty's Auto Parts, Empire Fire and Marine Insurance Company, a Corporation, Irvin M. Trenary, Hannah M. Abbott, Dora Price, and State Farm Insurance Company, a Corporation, Appellees.

Supreme Court of Nebraska.

December 13, 1963.

Attorney(s) appearing for the Case

Ivan A. Blevens, Seward, for appellant.

Perry & Perry, Wagener & Marx, Healey & Healey, John McArthur, Lincoln, for appellees.

Wright, Simmons & Hancock, Scottsbluff, for amicus curiae.

Heard before WHITE, C. J., and CARTER, MESSMORE, YEAGER, SPENCER, BOSLAUGH and BROWER, JJ.

CARTER, Justice.

This is an action under the Declaratory Judgments Act to determine the extent of liability on two automobile insurance policies alleged to cover the same automobile accident. The trial court found for the defendants and the plaintiff has appealed.

The evidence shows that on August 12, 1961, one Van Hoozer was an employee of Martin Swartzman, who was operating an establishment for the sale of used automobiles and automotive parts under the...

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