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HERMAN BROS., INC. v. GREAT WEST CAS. CO.

No. S-97-274.

582 N.W.2d 328 (1998)

255 Neb. 88

HERMAN BROS., INC., Appellant, v. GREAT WEST CASUALTY COMPANY, Appellee.

Supreme Court of Nebraska.

July 24, 1998.

Attorney(s) appearing for the Case

Kermit A. Brashear, Donald J. Straka, Mary P. Galligan, Scott E. Daniel, and Anna M. Bednar, of Brashear & Ginn, Omaha, for appellant.

Eugene P. Welch, of Gross & Welch, P.C., Omaha, for appellee.

WHITE, C.J., CAPORALE, WRIGHT, CONNOLLY, GERRARD, and STEPHAN, JJ.

WRIGHT, Justice.

NATURE OF CASE

Herman Bros., Inc. (HBI), commenced this action against its insurer, Great West Casualty Company (Great West), for damages based upon a denial of coverage. Both parties moved for summary judgment. The trial court found that HBI had failed to give adequate and timely notice of its claim to Great West and that Great West had been prejudiced by this lack of notice. The court entered summary judgment in favor of Great West, and...

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