OLSON v. LE MARS MUT. INS. CO. OF IOWA

No. S-04-045.

696 N.W.2d 453 (2005)

269 Neb. 800

Norris OLSON, appellee, v. LE MARS MUTUAL INSURANCE COMPANY OF IOWA, appellant.

Supreme Court of Nebraska.

May 13, 2005.


Attorney(s) appearing for the Case

Albert M. Engles, Jason R. Yungtum, and Robert B. Quigley, of Engles, Ketcham, Olson & Keith, P.C., Omaha, for appellant.

Kenneth F. George, of Jacobsen, Orr, Nelson, Wright & Lindstrom, P.C., Kearney, for appellee.

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


STEPHAN, J.

A grain storage building owned by Norris Olson and insured by Le Mars Mutual Insurance Company (Le Mars) was damaged by hail. The cost of repairing the damage was $95,040. The issue presented is whether the insurance policy permits the insurer to deduct a depreciation factor from the repair cost in adjusting the loss. We agree with the district court for Buffalo County that it does not.

BACKGROUND

Olson purchased a commercial property...

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