WYMORE v. FARMERS MUTUAL INSURANCE CO. OF NEB.

No. 36753.

157 N.W.2d 194 (1968)

182 Neb. 763

Clara M. WYMORE, Administratrix of the Estate of Max E. Wymore, Deceased, Appellee, v. FARMERS MUTUAL INSURANCE COMPANY OF NEBRASKA, a Corporation, Appellant.

Supreme Court of Nebraska.

March 15, 1968.


Attorney(s) appearing for the Case

Ray C. Simmons, Fremont, for appellant.

Kerrigan, Line & Martin, Fremont, for appellee.

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


SMITH, Justice.

Plaintiff claimed benefits under medical payment provisions of an insurance policy issued by defendant to homeowners. Plaintiff recovered judgment, and defendant has appealed. The parties disagree on the meaning of an exclusion clause.

The claim was based on accidental injury to Max E. Wymore at the home of the policyholders, Darrell D. and B. L. DeVoe. Wymore had fallen off a ladder while performing an independent contract to repair the roof...

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