STATE FARM FIRE & CASUALTY COMPANY v. MUTH

No. 38783.

207 N.W.2d 364 (1973)

190 Neb. 248, 272

STATE FARM FIRE & CASUALTY COMPANY, a corporation, Appellant, Cross-Appellee, v. William J. MUTH et al., Appellees, Cross-Appellants.

Supreme Court of Nebraska.

As Corrected May 21, 1973.


Attorney(s) appearing for the Case

Fraser, Stryker, Marshall & Veach, Omaha, for appellant.

Matthews, Kelley, Cannon & Carpenter, Burbridge, Burbridge & Parsonage, Omaha, for appellees.

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


CLINTON, Justice.

This action is one for a declaratory judgment between the insurer, the insured, and the judgment creditor of the insured. It presents the question of the construction of an exclusion in a policy of liability insurance and the applicability of the exclusion to the facts as found by the trial court.

The language of the exclusion is as follows: "This policy does not apply . . . to bodily injury or...

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