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IN RE ESTATE OF TICHOTA

No. 39216.

215 N.W.2d 885 (1974)

191 Neb. 484

In the Matter of the ESTATE of LeRoy TICHOTA, Deceased. Henry NIEMEYER, Appellant, v. The ESTATE of LeRoy TICHOTA, Deceased, and William Tichota, Administrator of the Estate of LeRoy Tichota, Deceased, Appellees.

Supreme Court of Nebraska.

March 14, 1974.

Attorney(s) appearing for the Case

Erickson, Sederstorm & Johnson, Omaha, for appellant.

Jewell, Otte, Gatz, Magnuson & Collins, Norfolk, for appellees.

Heard before WHITE, C. J., SPENCER, BOSLAUGH, McCOWN, NEWTON, and CLINTON, JJ., and CHADDERDON, District Judge.

SPENCER, Justice.

This case involves the question of whether a liability insurer is liable for interest on that portion of a judgment recovered against its insured by a third party which is in excess of the principal amount limited by the policy where the policy requires the insurer to pay "all interest accruing after entry of judgment until the company has paid or tendered or deposited in court such part of such judgment as does not exceed the limit of the company...

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