CITY OF SCOTTSBLUFF v. EMPLOYERS MUT. INS.

No. S-02-398.

658 N.W.2d 704 (2003)

265 Neb. 707

CITY OF SCOTTSBLUFF, a Political Subdivision of the State of Nebraska, Appellant, v. EMPLOYERS MUTUAL INSURANCE COMPANY, an Insurance Company Authorized to do Business in Nebraska, Appellee.

Supreme Court of Nebraska.

April 4, 2003.


Attorney(s) appearing for the Case

Paul E. Hofmeister, of Chaloupka, Holyoke, Hofmeister, Snyder & Chaloupka, P.C., L.L.O., and Steven C. Smith, of Pahlke, Smith, Snyder, Petitt & Eubanks, P.C., L.L.O., Scottsbluff, for appellant.

Terrance O. Waite and Keith A. Harvat, of Waite, McWha & Harvat, North Platte, for appellee.

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


GERRARD, J.

NATURE OF CASE

The City of Scottsbluff is suing for coverage under the insurance contract it has with Employers Mutual Insurance Company (EMC). On September 3, 1999, Scottsbluff experienced a large amount of rainfall. On that day, several homeowners sustained water and sewage accumulation in their basements and consequently sued the city for damages. Responding to a request from the city, EMC refused to cover these damages and refused to supply...

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