ST. PAUL MERCURY INS. CO. v. HURST

No. 43291.

301 N.W.2d 352 (1981)

207 Neb. 840

ST. PAUL MERCURY INSURANCE COMPANY, an insurance corporation, Appellee and Cross-Appellant, v. John P. HURST and William A. Mimick, Appellants and Cross-Appellees, and Mark Boettcher and Weerts-Boettcher Company, Appellees and Cross-Appellees.

Supreme Court of Nebraska.

January 30, 1981.


Attorney(s) appearing for the Case

Michael C. Washburn of Erickson, Sederstrom, Leigh, Johnson, Koukol & Fortune, P. C., Omaha, for appellant Hurst.

Frank J. Skorupa, Columbus, for appellant Mimick.

Jewell, Otte, Gatz, Collins & Domina, Norfolk, for appellee St. Paul Mercury Ins. Co.

William H. Grant of Albert, Leininger & Grant, Columbus, for appellees Boettcher and Weerts-Boettcher Co.

Heard before KRIVOSHA, C. J., McCOWN, WHITE, and HASTINGS, JJ., and MURPHY, District Judge.


KRIVOSHA, Chief Justice.

The instant appeal arises out of a declaratory judgment action filed by the appellee St. Paul Mercury Insurance Company (St. Paul) to determine whether a policy of insurance sold to William A. Mimick (Mimick) was properly canceled for nonpayment of premium and therefore not in force and effect at the time Mimick was involved in an automobile accident with John P. Hurst (Hurst). Appellants Mimick and Hurst joined Mark Boettcher (Boettcher)...

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