STATE FARM MUT. AUTO. INS. CO. v. FITZGERALD

No. 81-914.

334 N.W.2d 168 (1983)

214 Neb. 226

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and Mark A. Kwasnieski, Appellees, v. Rance Lynn FITZGERALD and Michael Massey, Appellants, and American Family Insurance Group, Appellee.

Supreme Court of Nebraska.

May 6, 1983.


Attorney(s) appearing for the Case

Timothy J. Pugh of Boland, Mullin & Walsh, Omaha, for appellant Fitzgerald.

Cynthia G. Irmer of Matthews, Cannon & Riedmann, P.C., Omaha, for appellant Massey.

Donald D. Schneider of Ray C. Simmons, P.C., Fremont, for appellees State Farm and Kwasnieski.

KRIVOSHA, C.J., BOSLAUGH, McCOWN, and HASTINGS, JJ., and BRODKEY, J., Retired.


KRIVOSHA, Chief Justice.

This appeal presents to the court what appears to be a case of first impression. The question presented is, when does the seller of an automobile cease to be its owner within the meaning of a standard automobile insurance policy which provides coverage to both the named insured and those operating the vehicle with the named insured's permission? The trial court, concluding that the question was one of fact, submitted the issue to the jury...

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