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NICHOLSON v. GENERAL CAS. CO. OF WISCONSIN

Nos. S-97-560, S-97-561.

587 N.W.2d 867 (1999)

255 Neb. 937

Dennis Gale NICHOLSON, appellant, v. GENERAL CASUALTY COMPANY OF WISCONSIN, appellee. LuAnn Nicholson, appellant, v. General Casualty Company of Wisconsin, appellee.

Supreme Court of Nebraska.

January 15, 1999.

Attorney(s) appearing for the Case

David B. Latenser, of Latenser & Johnson, P.C., Omaha, for appellants.

Robert D. Mullin, Jr., of McGrath, North, Mullin & Kratz, Omaha, for appellee.

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

McCORMACK, J.

BACKGROUND

On August 2, 1991, appellant Dennis Gale Nicholson was injured in a motor vehicle accident when a motor vehicle owned and operated by Herbert G. Theobald collided with Dennis' vehicle. Theobald was covered under an automobile liability policy issued by Union Insurance Company for $50,000 per accident. Union Insurance subsequently paid the entire $50,000 to Dennis in exchange for its release. At the time of the accident, Dennis was...

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