TROY & STALDER CO. v. CONTINENTAL CAS. CO.

No. 42701.

290 N.W.2d 809 (1980)

206 Neb. 28

TROY & STALDER CO., a Nebraska Corporation, et al., Appellants, v. CONTINENTAL CASUALTY COMPANY, an Illinois Corporation, Appellee.

Supreme Court of Nebraska.

April 8, 1980.


Attorney(s) appearing for the Case

William B. Woodruff, P. C., Omaha, for appellants.

Eugene P. Welch and Thomas A. Grennan of Gross, Welch, Vinardi, Kauffman, Day & Langdon, Omaha, for appellee.

Heard before KRIVOSHA, C. J., and BOSLAUGH, McCOWN, CLINTON, BRODKEY, WHITE, and HASTINGS, JJ.


McCOWN, Justice.

This action began as a declaratory judgment proceeding to require the defendant insurance company to assume the defense of certain malpractice actions against the plaintiff architects under a professional liability insurance policy. The malpractice actions were concluded before the declaratory judgment action was determined and the action proceeded on an amended petition seeking damages and attorney's fees for breach of contract. The District Court...

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