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GEORGETOWNE SQUARE v. U.S. FIDELITY & GUAR.

No. A-93-132.

523 N.W.2d 380 (1994)

3 Neb. 49

3 Neb. App. 49

GEORGETOWNE SQUARE, a Nebraska Partnership, Appellant, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Appellee.

Court of Appeals of Nebraska.

October 4, 1994.

Attorney(s) appearing for the Case

Michael F. Kinney and Helarie H. Hollenbeck, of Cassem, Tierney, Adams, Gotch & Douglas, Omaha, for appellant.

Lisa M. Meyer and David D. Ernst, of Gaines, Mullen, Pansing & Hogan, Omaha, for appellee.

SIEVERS, C.J., and CONNOLLY and HANNON, JJ.

HANNON, Judge.

Georgetowne Square (Georgetowne), the appellant, insured its property by a "Builders Risk" insurance policy issued by United States Fidelity and Guaranty Company (Fidelity), the appellee. A retaining wall on the insured property was damaged by water and water pressure emanating from an underground pipe that drained water from the roof of a neighbor's building. Georgetowne made claim for damages. Fidelity denied the claim on the basis that a policy provision...

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