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POGGE v. AMERICAN FAMILY MUT. INS. CO.

No. A-03-470.

688 N.W.2d 634 (2004)

13 Neb. App. 63

Rosemary POGGE and Philip H. Pogge, appellants, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, a member of the American Family Insurance Group, appellee.

Court of Appeals of Nebraska.

November 9, 2004.

Attorney(s) appearing for the Case

Joseph C. Byam, of Byam & Hoarty, Omaha, for appellants.

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

Maren Lynn Chaloupka, of Chaloupka, Holyoke, Hofmeister, Snyder & Chaloupka, Scottsbluff, for amicus curiae Nebraska Association of Trial Attorneys.

INBODY, Chief Judge, and SIEVERS and CARLSON, Judges.

SIEVERS, Judge.

INTRODUCTION

American Family Mutual Insurance Company (American Family) filed a motion to dismiss the declaratory judgment action brought by Rosemary Pogge and Philip H. Pogge. The Pogges filed the action, after their settlement with the insurers for the other two parties involved in a motor vehicle accident, in order to determine the extent of underinsured motorist coverage available to them under their "Family Car Policy" issued by American...

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