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DAIRYLAND INS. CO. v. KAMMERER

No. 44505.

327 N.W.2d 618 (1982)

213 Neb. 108

DAIRYLAND INSURANCE COMPANY, Richard A. Wrich, and Judith C. Popish, Appellants, v. Diana K. KAMMERER, Matthew B. Kammerer, Auto-Owners Insurance Company, and Allstate Insurance Company, Appellees.

Supreme Court of Nebraska.

December 17, 1982.

Attorney(s) appearing for the Case

John J. Respeliers of Respeliers & DiMari, Omaha, for appellants.

Eugene P. Welch of Gross, Welch, Vinardi, Kauffman & Day, P.C., Omaha, for appellee Auto-Owners.

KRIVOSHA, C.J., and BOSLAUGH, McCOWN, CLINTON, WHITE, HASTINGS, and CAPORALE, JJ.

KRIVOSHA, Chief Justice.

The instant appeal grows out of a suit instituted principally by the appellant Dairyland Insurance Company seeking to have the trial court find that a certain insurance policy, issued by the appellee Auto-Owners Insurance Company, provided primary coverage for an accident which occurred on March 27, 1980. The trial court found that because the principal insured, Judith C. Popish, had fraudulently failed to disclose to Auto-Owners the fact...

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