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STEPHENS v. ALLIED MUTUAL INSURANCE COMPANY

No. 36651.

156 N.W.2d 133 (1968)

182 Neb. 562

Robert P. STEPHENS, Appellee, v. ALLIED MUTUAL INSURANCE COMPANY, a Corporation, Appellant.

Supreme Court of Nebraska.

February 2, 1968.

Attorney(s) appearing for the Case

Wilson, Barlow & Watson, Lincoln, for appellant.

Mattson, Ricketts & Gourley, Lincoln, for appellee.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, SMITH, McCOWN and NEWTON, JJ.

WHITE, Chief Justice.

The plaintiff sues his own insurer for recovery under the uninsured motorist provision of his automobile liability policy. The primary question is whether the insolvency or the failure to defend or pay a claim subsequent to the accident by a tortfeasor's liability carrier constitutes a denial of such coverage by the tort-feasor's carrier thereby invoking the liability of the plaintiff's carrier under the uninsured motorist

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