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POPKEN v. FARMERS MUTUAL HOME INS. CO. OF HOOPER

No. 36158.

142 N.W.2d 309 (1966)

180 Neb. 250

Bernhard POPKEN and Duane Popken, Appellees, v. FARMERS MUTUAL HOME INSURANCE COMPANY OF HOOPER, DODGE COUNTY, Nebraska, Appellant.

Supreme Court of Nebraska.

April 29, 1966.

Attorney(s) appearing for the Case

Sidner, Gunderson, Svoboda & Schilke, Fremont, for appellant.

H. E. Hurt, Jr., Scribner, E. R. Retz, Omaha, for appellees.

Heard before CARTER, SPENCER, BOSLAUGH, BROWER, SMITH, and McCOWN, JJ., and BURKE, District Judge.

BURKE, District Judge.

Twenty-three Black Angus steers ownd by the plaintiffs were drowned in a creek on June 16, 1964.

This action was brought by the plaintiff against the defendant insurance company under a policy of insurance insuring the steers against "loss or damage by Fire and Lightning, Tornado and Windstorm," but specifically excluding loss or damage by hail, whether accompanied by wind or not. Loss by drowning falls outside the coverage set forth...

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