SCHWEITZ v. STATE FARM FIRE & CASUALTY COMPANY

No. 38923.

208 N.W.2d 664 (1973)

190 Neb. 400

Theodore SCHWEITZ, d/b/a Schweitz Equipment Company, Fullerton, Nebraska, Appellant, v. STATE FARM FIRE AND CASUALTY COMPANY, Appellee.

Supreme Court of Nebraska.

June 22, 1973.


Attorney(s) appearing for the Case

Philip T. Morgan, Fullerton, for appellant.

Luebs, Tracy, Huebner, Dowding & Beltzer, Vincent E. Dowding, D. Steven Leininger, Grand Island, for appellee.

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


CLINTON, Justice.

This is an action to reform a contract of liability insurance. The District Court denied reformation. We affirm.

On June 11, 1968, the defendant issued to the plaintiff a policy of insurance which included a form providing liability coverage. The insuring clause thereof was as follows: "The Company will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of bodily injury or property...

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