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LEADER NAT. INS. v. AMERICAN HARDWARE

No. S-94-437.

545 N.W.2d 451 (1996)

249 Neb. 783

LEADER NATIONAL INSURANCE COMPANY, an Ohio corporation, Appellant, v. AMERICAN HARDWARE INSURANCE GROUP, Appellee.

Supreme Court of Nebraska.

April 5, 1996.

Attorney(s) appearing for the Case

Thomas D. Wulff and Dennis W. Clark, of Welch, Wulff & Childers, Omaha, for appellant.

Dan H. Ketcham, of Hansen, Engles & Locher, P.C., Omaha, for appellee.

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

FAHRNBRUCH, Judge.

The issue in this subrogation appeal is whether the insurer of the negligent driver of a vehicle or the insurer of the owner of the vehicle involved in an accident should pay for the damages suffered by third parties.

The trial court found that, under the amended petition filed in this case, the insurer of the owner of the vehicle, American Hardware Insurance Group (American), could not be held liable for the damages paid to third parties...

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