BITUMINOUS CASUALTY CORPORATION v. ANDERSEN

No. 37249.

171 N.W.2d 175 (1969)

184 Neb. 670

BITUMINOUS CASUALTY CORPORATION, a Corporation, Appellee, v. Darlene L. ANDERSEN, Isidoro Bortolotti, Rosen-Novak Auto Co., a Corporation, Appellees, Impleaded with Fireman's Fund Insurance Company, a Corporation, Appellant.

Supreme Court of Nebraska.

October 10, 1969.


Attorney(s) appearing for the Case

Gaines, Spittler, Neely, Otis & Moore, Omaha, for appellant.

Kennedy, Holland, DeLacy & Svoboda, Joe P. Cashen, Lyman L. Larsen, Omaha, for Bituminous Casualty Corp.

Abrahams, Kaslow & Cassman, Omaha, for Andersen and others.

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


SMITH, Justice.

Rosen-Novak Auto Co. furnished Isidoro Bortolotti its Cadillac sedan for use while it repaired his automobile. With Bortolotti at the wheel the Cadillac struck Darlene L. Andersen, who lodged a damage claim against him. Bortolotti was an insured nonowner under a policy with bodily injury liability coverage and an excess insurance clause issued by plaintiff in this declaratory judgment action. Rosen-Novak...

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