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KIRWAN v. CHICAGO TITLE INS. CO.

No. A-99-498.

612 N.W.2d 515 (2000)

9 Neb. App. 372

Gerald R. KIRWAN, Jr., and Leona Kirwan, husband and wife, appellants and cross-appellees, v. CHICAGO TITLE INSURANCE COMPANY, appellee and cross-appellant.

Court of Appeals of Nebraska.

June 20, 2000.

Attorney(s) appearing for the Case

David A. Domina and Nora M. Kane, of Domina Law, P.C., Omaha, for appellants.

Richard J. Butler and Derrick J. Hahn, of Butler, Galter & O'Brien Law Firm, Lincoln, for appellee.

IRWIN, Chief Judge, and SIEVERS and MOORE, Judges.

SIEVERS, Judge.

Gerald R. Kirwan, Jr., and Leona Kirwan (the Kirwans) brought this action against their title insurer, Chicago Title Insurance Company (Chicago Title), to recover attorney fees they incurred in successfully defending a suit involving the insured property, which is in South Dakota. Each party moved for summary judgment. The Holt County District Court granted Chicago Title's motion for summary judgment, finding that the Kirwans

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