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MENDENHALL v. GRANTZINGER

No. S-94-059.

546 N.W.2d 775 (1996)

249 Neb. 847

Mary MENDENHALL and Deanna Nicodemus, Personal Representatives of the Estate of Denise Wempen, deceased, Appellees and Cross-Appellants, v. Dale GRANTZINGER, Defendant and Third-Party Plaintiff, Appellant, and State Farm Mutual Automobile Insurance Company, a corporation, Third-Party Defendant, Appellee, and Cross-Appellee.

Supreme Court of Nebraska.

April 19, 1996.

Attorney(s) appearing for the Case

John O. Sennett, of Sennett and Associates, Broken Bow, for appellant.

David W. Jorgensen, of Nye, Hervert, Jorgensen & Watson, P.C., Kearney, for appellees Mendenhall and Nicodemus.

Martin J. Troshynski, of Kelley, Scritsmier & Byrne, P.C., North Platte, for appellee State Farm.

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

WRIGHT, Justice.

State Farm Mutual Automobile Insurance Company (State Farm) denied coverage on a policy of automobile liability insurance issued to Dale Grantzinger. The Custer County 848 District Court granted summary judgment in favor of State Farm. Grantzinger appeals, and the personal representatives of Denise Wempen's estate cross-appeal.

SCOPE OF REVIEW

In reviewing a summary judgment, an appellate court views the evidence...

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