CONTINENTAL CAS. CO. v. CALINGER

No. S-02-565.

657 N.W.2d 925 (2003)

265 Neb. 557

CONTINENTAL CASUALTY COMPANY, Appellee, v. Walter M. CALINGER, Appellant, and Kay Konz, Appellee.

Supreme Court of Nebraska.

March 21, 2003.


Attorney(s) appearing for the Case

John J. Reefe, Jr., for appellant.

Dean F. Suing, of Katskee, Henatsch & Suing, Omaha, for appellee Continental Casualty Company.

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


CONNOLLY, J.

In this appeal, we decide whether an agreement reached before the issuance of an insurance policy can provide coverage when the terms of the agreement are contrary to the express terms of the policy later issued to the insured. Continental Casualty Company (CNA) sought a declaratory judgment holding that CNA was not required to provide coverage for Walter M. Calinger for a $1.5 million judgment rendered against him. In his answer and counterclaim, Calinger...

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