BELEK v. TRAVELERS INDEMNITY COMPANY

No. 37966.

191 N.W.2d 819 (1971)

187 Neb. 470

George C. BELEK and Iowa Kemper Mutual Insurance Company, Appellants, v. TRAVELERS INDEMNITY COMPANY et al., Appellees.

Supreme Court of Nebraska.

November 19, 1971.


Attorney(s) appearing for the Case

Gross, Welch, Vinardi, Kauffman, Schatz & Day, Omaha, for appellants.

Cassem, Tierney, Adams & Henatsch, Stephen A. Davis, John S. Samson, Daniel G. Dolan, Omaha, for appellees.

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


CLINTON, Justice.

This is a declaratory judgment action. The sole question involved is whether the defendant, Travelers Indemnity Company, insured a certain 1960 Cadillac automobile belonging to the defendant Robert S. Nielsen.

It is claimed that a soliciting agent of Travelers orally agreed in a telephone conversation with Nielsen shortly after the acquisition of the Cadillac by Nielsen to add said vehicle by endorsement to a previously issued policy covering...

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