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POGGE v. AMERICAN FAMILY MUT. INS. CO.

No. S-05-714.

723 N.W.2d 334 (2006)

272 Neb. 554

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

Supreme Court of Nebraska.

November 9, 2006.

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, Omaha, for appellee.

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

MILLER-LERMAN, J.

NATURE OF CASE

Appellant Rosemary Pogge sustained injuries in a three-car accident in Omaha, Nebraska. Rosemary and her husband, appellant Philip H. Pogge, filed a lawsuit distinct from the instant appeal generally alleging negligence against the drivers of the other two vehicles. The Pogges reached settlements with the two drivers and their insurers and subsequently dismissed the negligence suit. With respect to the first driver, Lois...

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