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EQUITY MUTUAL INS. CO. v. ALLSTATE INS. CO.

No. 38951.

209 N.W.2d 592 (1973)

190 Neb. 515

EQUITY MUTUAL INSURANCE COMPANY, Appellant, v. ALLSTATE INSURANCE COMPANY, a corporation et al., Appellees.

Supreme Court of Nebraska.

July 13, 1973.

Attorney(s) appearing for the Case

Martin A. Cannon, of Matthews, Kelley, Cannon & Carpenter, Omaha, for appellant.

D. Nick Caporale, of Schmid, Ford, Mooney, Frederick & Caporale, Robert G. Fraser, Omaha, Ray C. Simmons, Fremont, for appellees.

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

McCOWN, Justice.

This is a declaratory judgment action brought by the plaintiff, Equity Mutual Insurance Company, to determine whether its automobile liability insurance policy or that of the defendant, Allstate Insurance Company, offered primary coverage for the automobile accident involved here. Demurrers of the defendants were sustained and Equity Mutual has appealed.

In 1969, the plaintiff issued its automobile...

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