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NATIONAL AMERICAN v. CONTINENTAL WESTERN

No. S-91-001.

502 N.W.2d 817 (1993)

243 Neb. 766

NATIONAL AMERICAN INSURANCE COMPANY OF NEBRASKA, INC., Also Known as Columbia National Insurance Company of Nebraska, Inc., Appellee and Cross-Appellee, v. CONTINENTAL WESTERN INSURANCE COMPANY, Appellant and Cross-Appellee, and Michael Amick et al., Economy Fire & Casualty Company, Defendant and Third-Party Plaintiff, and Rita Welsh, Third-Party Defendant, Appellees, Cross-Appellants, and Cross-Appellees.

Supreme Court of Nebraska.

July 16, 1993.

Attorney(s) appearing for the Case

Alan L. Plessman, Lincoln, for appellant.

William J. Brennan, Jr., of Fitzgerald, Schorr, Barmettler & Brennan, Omaha, for appellee National American Ins. Co.

Richard J. Rensch and Patrick M. Heng, of Raynor, Rensch & Pfeiffer, Omaha, for appellees Amick.

Lyman L. Larsen and Daniel P. Chesire, of Kennedy, Holland, DeLacy & Svoboda, Omaha, for appellees Welsh.

Edward F. Noethe and P. Shawn McCann, of Sodoro, Daly & Sodoro, Omaha, for appellee Economy Fire & Cas. Co.

HASTINGS, C.J., and BOSLAUGH, CAPORALE, SHANAHAN, FAHRNBRUCH, and LANPHIER, JJ.

FAHRNBRUCH, Justice.

This declaratory judgment action involves whether any of three automobile liability policies issued by separate insurance companies affords coverage for injuries suffered in an accident by the son of an insured under one of the policies. The injured son was a passenger in his family's automobile that was being driven by his friend.

The district court for Douglas County determined that appellant, Continental Western Insurance Company (Continental...

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