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HEADY v. FARMERS MUT. INS. CO.

No. 83-197.

349 N.W.2d 366 (1984)

217 Neb. 172

Gary L. HEADY, Appellant and Cross-Appellee, v. FARMERS MUTUAL INSURANCE COMPANY, Appellee and Cross-Appellant.

Supreme Court of Nebraska.

May 4, 1984.

Attorney(s) appearing for the Case

H. Daniel Smith of Stehlik, Smith & Trustin, Omaha, for appellant and cross-appellee.

Thomas A. Grennan of Gross, Welch, Vinardi, Kauffman & Day, P.C., Omaha, for appellee and cross-appellant.

KRIVOSHA, C.J., WHITE, and CAPORALE, JJ., and McCOWN and BRODKEY, JJ., Retired.

CAPORALE, Justice.

Gary L. Heady, plaintiff below, appeals from the trial court's judgment which, pursuant to the jury's verdict in favor of defendant-appellee, Farmers Mutual Insurance Company, denied him recovery on a fire insurance binder. Farmers Mutual has filed a cross-appeal. We reverse and remand for a new trial.

In June of 1981 Gary Heady contacted Patricia Hohman of Insurance Agents, Inc., an independent insurance agency located in Omaha, Nebraska...

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