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PROTECTIVE FIRE AND CASUALTY COMPANY v. WOTEN

No. 37664.

181 N.W.2d 835 (1970)

186 Neb. 212

PROTECTIVE FIRE AND CASUALTY COMPANY, Appellant, v. Harold E. WOTEN and Harold E. Woten, Administrator of the Estate of Lila O. Woten, Deceased, Appellees.

Supreme Court of Nebraska.

December 11, 1970.

Attorney(s) appearing for the Case

Gross, Welch, Vinardi, Kauffman, Schatz & Day, Harry L. Welch, Harold W. Kauffman, Omaha, for appellant.

Thomas J. Guilfoyle, Swenson, Guilfoyle & Pazol, Omaha, for appellees.

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

SPENCER, Justice.

This is a declaratory judgment action seeking to sustain an excess-escape clause as applied to an uninsured motorist provision in a policy issued by plaintiff. The district court held the provision to be contrary to the requirements of our statute, and of no effect. We affirm.

Deceased was a guest passenger in a car owned and operated by one Turner, which was involved in a collision with a car...

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