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HORACE MANN COMPANIES v. PINAIRE

No. S-94-142.

538 N.W.2d 168 (1995)

248 Neb. 640

The HORACE MANN COMPANIES, Intervenor-Appellee and Cross-Appellee, v. Janet PINAIRE, Appellee and Cross-Appellant, James Wilson, Appellee, and Diane Zipay, Appellant.

Supreme Court of Nebraska.

October 6, 1995.

Attorney(s) appearing for the Case

Hugh I. Abrahamson, Omaha, for appellant.

Patrick L. Tripp, P.C., of Tripp, Schweer & Ferraro, Omaha, for appellee Pinaire.

Eugene L. Hillman, of McCormack, Cooney, Hillman & Elder, Omaha, for intervenor-appellee.

WHITE, C.J., and CAPORALE, FAHRNBRUCH, LANPHIER, WRIGHT, CONNOLLY, and GERRARD, JJ.

WRIGHT, Justice.

I. INTRODUCTION

Horace Mann Companies (Horace Mann) filed a petition in intervention in the Douglas County District Court requesting a determination of its liability with regard to an automobile insurance policy with an underinsured motorist endorsement. The district court granted summary judgment in favor of Horace Mann and denied Diane Zipay and Janet Pinaire benefits under the policy. Zipay appeals, and Pinaire cross-appeals. Under the...

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