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HULL v. ALLSTATE INSURANCE COMPANY

No. 37822.

187 N.W.2d 650 (1971)

187 Neb. 130

Cindy HULL, By and Through David Hull, Her Next Friend, David Hull, Linda Hull, Appellees, v. ALLSTATE INSURANCE COMPANY, a Corporation, Appellee, Impleaded with Farmers Elevator Mutual Insurance Company, a Corporation, Appellant.

Supreme Court of Nebraska.

June 11, 1971.

Attorney(s) appearing for the Case

William B. Craig, Craig, Woodruff & Hanley, Omaha, for appellant.

Sidner, Svoboda & Schilke, Fremont, for Cindy Hull and others.

Schmid, Ford, Snow & Mooney, Frederick B. Allan, Jr., D. Nick Caporale, Omaha, for Allstate Ins. Co.

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

McCOWN, Justice.

This is a declaratory judgment action against two insurance companies to determine which one is liable to an individual who holds a judgment for injuries received in an automobile accident. The sole issue is whether or not there is liability under the omnibus clause of a standard automobile liability insurance policy, when initial permission to use the vehicle was given, but restricted as to use, and the restrictions were violated. The district court...

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