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NEFF TOWING SERVICE v. U.S. FIRE INS. CO.

No. S-01-960.

652 N.W.2d 604 (2002)

264 Neb. 846

NEFF TOWING SERVICE, INC., Appellee, v. UNITED STATES FIRE INSURANCE CO., doing business through Crum & Forster Insurance, appellant.

Supreme Court of Nebraska.

November 1, 2002.

Attorney(s) appearing for the Case

Thomas M. Locher, Thomas M. Braddy, Omaha, and Ralph A. Froehlich, Bellevue, of Locher, Cellilli, Pavelka & Dostal, L.L.C., Omaha, for appellant.

Eugene L. Hillman and Patricia McCormack, of Hillman, Forman, Nelsen, Childers & McCormack, Omaha, for appellee.

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

STEPHAN, J.

In this declaratory judgment action, United States Fire Insurance Co. (USFIC) appeals from an order of the district court for Douglas County determining that an insurance policy issued to Neff Towing Service, Inc. (Neff Towing), provided liability coverage for a property damage claim asserted against Neff Towing. We reverse, based upon our conclusion that the claim falls within an exclusion to the liability coverage provided by the policy.

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