McGINN v. STATE FARM MUT. AUTO. INS. CO.

No. S-03-597.

689 N.W.2d 802 (2004)

268 Neb. 843

John McGINN, Appellant v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee.

Supreme Court of Nebraska.

November 19, 2004.


Attorney(s) appearing for the Case

Christopher D. Jerram, of Kelley & Lehan, P.C., Blair, and Thomas B. Cowart, of Law Offices of Windle Turley, P.C., Dallas, TX, for appellant.

Joseph K. Meusey, Marck C. Laughlin, and Jeremy B. Morris, of Fraser, Stryker, Meusey, Olson, Boyer & Bloch, P.C., Omaha, for appellee.

WRIGHT, CONNOLLY, GERRARD, STEPHAN, and MILLER-LERMAN, JJ.


MILLER-LERMAN, J.

NATURE OF CASE

Mary Lyn Lynch and Thomas Lynch initiated this case in the district court for Douglas County as a class action suit against State Farm Mutual Automobile Insurance Company (State Farm), their automobile insurance carrier. In their first "cause of action," based on contract, the Lynches challenged the administration of the "medical payments coverage" provided to them in their State Farm automobile insurance policy. The Lynches...

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