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FARM BUREAU INS. CO. v. WITTE

No. S-98-297.

594 N.W.2d 574 (1999)

256 Neb. 919

FARM BUREAU INSURANCE COMPANY of Nebraska, Appellant, v. Irma WITTE, Appellee, and Jennifer Joy Borgmeyer, individually, and Alexander Eric Witte, by his guardian and next best friend, Jennifer Joy Borgmeyer, Intervenors-Appellees.

Supreme Court of Nebraska.

May 14, 1999.

Attorney(s) appearing for the Case

Gary J. Nedved, of Keating, O'Gara, Davis & Nedved, P.C., Lincoln, for appellant.

Patrick M. Flood, of Hotz & Weaver, Omaha, for intervenors-appellees.

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

MILLER-LERMAN, J.

NATURE OF CASE

Appellant, Farm Bureau Insurance Company of Nebraska (Farm Bureau), filed a petition in the district court for Lancaster County seeking a declaratory judgment that the exclusionary clause in a policy of homeowner's insurance issued by Farm Bureau to appellee Irma Witte excluded coverage for damages she inflicted on Alexander Eric Witte, an infant child, by shaking him, causing shaken baby syndrome. The mother of Alexander...

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