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CENTRAL SURETY & INS. CORP. v. ATLANTIC NAT. INS. CO.

No. 35788.

132 N.W.2d 758 (1965)

178 Neb. 226

CENTRAL SURETY AND INSURANCE CORPORATION, a Corporation, Appellant, v. ATLANTIC NATIONAL INSURANCE COMPANY, a Corporation, Appellee.

Supreme Court of Nebraska.

January 22, 1965.

Attorney(s) appearing for the Case

Eisenstatt, Lay, Higgins & Miller, Omaha, for appellant.

Gross, Welch, Vinardi, Kauffman & Schatz, Omaha, for appellee.

Heard before WHITE, C. J., CARTER, SPENCER, BOSLAUGH, and BROWER, JJ., and POLLOCK and SIDNER, District Judges.

SPENCER, Justice.

This appeal involves the question as to which motor vehicle liability insurance carrier should bear the loss when a leased vehicle is involved in a collision: The one which issued a policy to the owner and lessor of the vehicle, which also covers the driver-lessee, or the one which issued a policy to the driver-lessee who is responsible for the collision.

The plaintiff, Central Surety and Insurance Corporation, the appellant herein, whose...

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