WENDT v. CAVALIER INS. CORP.

No. 40790.

250 N.W.2d 243 (1977)

197 Neb. 622

Steven J. WENDT, Appellant, v. CAVALIER INSURANCE CORPORATION, Appellee.

Supreme Court of Nebraska.

February 9, 1977.


Attorney(s) appearing for the Case

A. James McArthur, Lincoln, for appellant.

Richard D. Myers, of Thompson, Crounse & Pieper, Omaha, for appellee.

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


CLINTON, Justice.

The issue on this appeal is whether the plaintiff, an insured under a motor vehicle liability policy, is entitled to recover, under the provisions of section 44-359, R.R.S. 1943, a fee for the services of his attorney in his action against the insurer for breach of its duty to defend a claim against the defendant.

There is no bill of exceptions in this case. The issue was decided in the court below upon the pleadings and there is presented...

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