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TRI-PAR INVESTMENTS, L.L.C. v. SOUSA

No. S-03-028.

680 N.W.2d 190 (2004)

268 Neb. 119

TRI-PAR INVESTMENTS, L.L.C., appellant, v. Colette Lynn SOUSA, formerly known as Colette Lynn Woods, appellee.

Supreme Court of Nebraska.

June 4, 2004.

Attorney(s) appearing for the Case

Thomas A. Grennan and Donald P. Dworak, of Gross & Welch, P.C., Omaha, for appellant.

Betty L. Egan and Mark A. Weber, of Walentine, O'Toole, McQuillan & Gordon, Omaha, for appellee.

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

GERRARD, J.

Tri-Par Investments, L.L.C. (Tri-Par), sued Colette Lynn Sousa, formerly known as Colette Lynn Woods, for negligence and breach of their lease agreement after a house Sousa rented from Tri-Par was damaged by fire. On appeal, we must determine whether the district court erred in concluding that Sousa and Tri-Par were coinsured under Tri-Par's insurance policy and that therefore, Tri-Par's insurer could not maintain a subrogation action against Sousa.

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