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STRUVE ENTERPRISES v. TRAVELERS INS.

No. S-91-510.

500 N.W.2d 580 (1993)

243 Neb. 516

STRUVE ENTERPRISES, INC., Appellee, v. The TRAVELERS INSURANCE COMPANY, Appellant.

Supreme Court of Nebraska.

May 28, 1993.

Attorney(s) appearing for the Case

Anne E. Winner and, on brief, Richard D. Sievers, of Bruckner, O'Gara, Keating, Sievers and Hendry, P.C., Lincoln, for appellant.

James C. Zalewski, of Erickson & Sederstrom, P.C., Lincoln, for appellee.

HASTINGS, C.J., BOSLAUGH, CAPORALE, SHANAHAN, and FAHRNBRUCH, JJ., and GRANT, J., Retired.

FAHRNBRUCH, Justice.

Contending that an insurance policy issued by it had lapsed, The Travelers Insurance Company (Travelers) appeals a district court declaratory judgment requiring it to pay workers' compensation benefits to an injured employee of Struve Enterprises, Inc. (Struve), of Deshler, Nebraska.

We agree with Travelers that Struve's failure to pay the premium when a new policy was issued constitutes a lapse, rather than a cancellation, of the policy...

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