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AUTO-OWNERS INS. v. HOME PRIDE COMPANIES

No. S-03-352.

684 N.W.2d 571 (2004)

268 Neb. 528

AUTO-OWNERS INSURANCE COMPANY, appellee, v. HOME PRIDE COMPANIES, INC., appellant, and Appletree Apartments, Inc., et al., appellees.

Supreme Court of Nebraska.

August 6, 2004.

Attorney(s) appearing for the Case

Andrew J. Wilson, Omaha, of Walentine, O'Toole, McQuillan & Gordon, for appellant.

Curtis D. Ruwe, Lake Elmo, MN, and C.J. Gatz, of Gatz, Fitzgerald, Vetter & Temple, Norfolk, for appellee Auto-Owners Insurance Company.

Thomas M. Locher, Omaha and Douglas W. Krenzer, Council Bluffs, of Locher, Cellilli, Pavelka & Dostal, L.L.C., and Roger W. Warren and Jeffrey C. Baker, of Sanders, Conkright & Warren, L.L.P., Overland Park, KS, for appellees Certain Teed Corporation and G.S. Roofing Products Co.

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

GERRARD, J.

NATURE OF CASE

Auto-Owners Insurance Company (Auto-Owners) instituted this declaratory judgment action to determine its obligations to its insured, Home Pride Companies, Inc. (Home Pride). The district court determined that the policy issued by Auto-Owners to Home Pride did not cover Home Pride's claim and granted summary judgment in favor of Auto-Owners. The main issue on appeal is whether a standard commercial general liability (CGL) insurance...

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