CONTINENTAL WESTERN INSURANCE COMPANY v. CONN

No. S-00-129.

629 N.W.2d 494 (2001)

262 Neb. 147

CONTINENTAL WESTERN INSURANCE COMPANY, Appellee, v. Barry CONN and Marilyn Conn, individually and as husband and wife, Appellants.

Supreme Court of Nebraska.

July 6, 2001.


Attorney(s) appearing for the Case

Richard L. Swenson, Omaha, for appellants.

Stephen S. Gealy and Darla S. Ideus, of Baylor, Evnen, Curtiss, Grimit & Witt, Lincoln, for appellee.

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


MILLER-LERMAN, J.

NATURE OF CASE

In this declaratory judgment action, Barry Conn and Marilyn Conn appeal the decision of the district court for Douglas County which determined that the schoolbus which struck Marilyn Conn was not an "underinsured vehicle" and, therefore, declared that Continental Western Insurance Company (Continental Western) was not required to make payment to the Conns pursuant to the underinsured motorist coverage provision in the policy...

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