OHIO CAS. INS. CO. v. CARMAN CARTAGE CO.

No. S-00-915.

636 N.W.2d 862 (2001)

262 Neb. 930

The OHIO CASUALTY INSURANCE COMPANY, Appellee, v. CARMAN CARTAGE COMPANY, INC., doing business as Carman Cartage Co., Appellant.

Supreme Court of Nebraska.

December 21, 2001.


Attorney(s) appearing for the Case

James Allen Davis, Fremont, and Travis Thorne Bennington, of Davis & Associates, for appellant.

Kevin J. Dostal and Thomas M. Locher, Omaha, of Locher, Cellilli, Pavelka & Dostal, L.L.C., for appellee.

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


STEPHAN, Justice.

In this declaratory judgment action, the district court for Douglas County determined as a matter of law that under a commercial inland marine insurance policy, the insurer had no duty to defend a property damage claim against its insured and was therefore entitled to summary judgment in its favor. We reach the same conclusion and therefore affirm.

BACKGROUND

Carman Cartage Company, Inc. (Carman Cartage), is a common carrier engaged...

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