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JAIXEN v. TURNER

No. 42401.

281 N.W.2d 404 (1979)

204 Neb. 123

Terrance JAIXEN, Appellee, v. Don C. TURNER, doing business as Turner Insurance Agency, Appellee, Impleaded with Iowa Mutual Insurance Company, a corporation, Appellant.

Supreme Court of Nebraska.

July 17, 1979.

Attorney(s) appearing for the Case

Hunter, Houlihan & Katz, Omaha, for appellant.

John J. Higgins, Jr. and Nanfito & Nanfito, Omaha, for appellee Jaixen.

Heard before KRIVOSHA, C. J., BRODKEY, WHITE, and HASTINGS, JJ., and MORAN, District Judge.

MORAN, District Judge.

This is an appeal by defendant, Iowa Mutual Insurance Company, from a consent judgment in favor of plaintiff, Terrance Jaixen, for the amount prayed for in his petition, plus prejudgment interest, costs, and attorney's fees. We reverse.

Jaixen sued Iowa Mutual and Don C. Turner, its agent, to recover on a policy of fire insurance issued by Iowa Mutual through Turner. The petition claimed an insured loss of $8,119.25 and prayed for judgment...

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