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STATE FARM MUT. INS. v. AMCO INS. CO.

No. A-99-1463.

621 N.W.2d 553 (2001)

9 Neb.App. 872

STATE FARM MUTUAL INSURANCE COMPANIES, Appellee and Cross-Appellant, v. AMCO INSURANCE COMPANY, Appellant and Cross-Appellee, and Robert J. Hitz III, Appellee.

Court of Appeals of Nebraska.

January 23, 2001.

Attorney(s) appearing for the Case

Dean J. Sitzmann and Fred B. Campbell, Jr., of Wolfe, Snowden, Hurd, Luers & Ahl, Lincoln, for appellant AMCO Insurance Company.

Stephanie Frazier Stacy, of Baylor, Evnen, Curtiss, Grimit & Witt, Lincoln, for appellee State Farm Mutual Insurance Companies.

Robert B. Creager, of Anderson, Creager and Wittstruck, P.C., Lincoln, for appellee Robert J. Hitz III.

HANNON, SIEVERS, and MOORE, Judges.

SIEVERS, Judge.

While parking a 1990 Oldsmobile Cutlass automobile owned by Sue Bordovsky, Robert J. Hitz III (B.J.) collided with a Gas `N Shop convenience store causing damage to the Cutlass, the building, an automated teller machine (ATM), and a patron inside the store. B.J. and Sue were insured by different insurance companies. In the resulting declaratory judgment action to determine coverage, both insurance companies alleged that B.J. did not have permission...

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