PETER KIEWIT SONS' CO. v. HARTFORD FIRE INS. CO.

No. 38339.

198 N.W.2d 193 (1972)

188 Neb. 553

PETER KIEWIT SONS' CO., Appellant, v. HARTFORD FIRE INSURANCE COMPANY, a Corporation, Appellee.

Supreme Court of Nebraska.

June 2, 1972.


Attorney(s) appearing for the Case

Schmid, Ford, Mooney, Frederick & Caporale, D. Nick Caporale, Larry R. Forman, John R. Timmermier, Omaha, for appellant.

Pilcher, Howard & Dustin, Omaha, for appellee.

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


BOSLAUGH, Justice.

This is an action upon an equipment floater insurance policy issued by the defendant to the plaintiff. A 140-ton crane leased by the plaintiff from Rental Machinery Co., Inc., was damaged on March 18, 1968, when the boom clutch failed and allowed the boom to fall. The plaintiff claimed damages in the total amount of $40,854.70 subject to a deductible clause in the amount of $5,000.

The trial court found that the policy did not cover damage...

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