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STATE OF FLA. v. COUNTRYWIDE TRUCK INS. AGCY.

No. S-98-794.

602 N.W.2d 432 (1999)

258 Neb. 113

STATE OF FLORIDA ex rel. the DEPARTMENT OF INSURANCE of the STATE OF FLORIDA, Receiver for United Southern Assurance Company, a Florida corporation authorized to transact an insurance business in Florida, appellee, v. COUNTRYWIDE TRUCK INSURANCE AGENCY, INC., a Florida corporation, appellee, and Countrywide Insurance Agency, Inc., a Nebraska corporation, and David L. Fulkerson, appellants.

Supreme Court of Nebraska.

November 12, 1999.

Attorney(s) appearing for the Case

Steven D. Davidson, of Baird, Holm, McEachen, Pedersen, Hamann & Strasheim, Omaha, for appellants.

Mark E. Novotny and Kyle Wallor, of Lamson, Dugan & Murray, Omaha, for appellee.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

STEPHAN, J.

This is an action brought by the State of Florida on the relation of the Department of Insurance of the State of Florida, the receiver of United Southern Assurance Company (USAC), an insolvent insurance company, against Countrywide Truck Insurance Agency, Inc. (Truck); Countrywide Insurance Agency, Inc. (Agency); and David L. Fulkerson. The petition alleges that Truck collected premiums for USAC but failed to remit them pursuant to the parties' agreement...

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