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INSURANCE COMPANY OF NORTH AMERICA v. KUNIN

No. 35385.

121 N.W.2d 372 (1963)

175 Neb. 260

INSURANCE COMPANY OF NORTH AMERICA, a Corporation, Appellant, v. Maxim KUNIN and Jeannette Kunin, Maxim's of Nebraska, Inc., Maxim's of Iowa, Inc., and Maxim's of Oregon, Inc., Appellees.

Supreme Court of Nebraska.

April 26, 1963.

Attorney(s) appearing for the Case

Haney, Walsh & Wall, Omaha, for appellant.

Gaines, Spittler, Neely, Otis & Moore, Monsky, Grodinsky, Good & Cohen, Gross, Welch, Vinardi, Kauffman, Schatz & MacKenzie, Omaha, for appellees.

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

BOSLAUGH, Justice.

On February 2, 1960, a department store operated by Herzberg's, Inc., in Omaha, Nebraska, was damaged by fire. This action was brought by Insurance Company of North America against Maxim's of Nebraska, Inc., a corporation, to recover the amount which the plaintiff alleged that it had paid to Herzberg's, Inc., under an insurance policy as a result of the fire. The petition alleged that the fire was caused by the negligence of the defendant and its...

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