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THROWER v. ANSON

No. S-07-566.

276 Neb. 102

TODD THROWER, APPELLANT, v. JEREMY ANSON AND THE PROGRESSIVE CORPORATION, AN OHIO CORPORATION DOING BUSINESS AS PROGRESSIVE NORTHERN INSURANCE COMPANY, APPELLEES.

Supreme Court of Nebraska.

Filed July 11, 2008.

Attorney(s) appearing for the Case

Terry M. Anderson and Melany S. Chesterman, of Hauptman, O'Brien, Wolf & Lathrop, P.C., for appellant.

Rex A. Rezac and Todd C. Kinney, of Fraser Stryker, P.C., L.L.O., for appellee Jeremy Anson.

Thomas M. Locher and Michelle Epstein, of Locher, Pavelka, Dostal, Braddy & Hammes, L.L.C., for appellee Progressive Corporation, doing business as Progressive Northern Insurance Company.

HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, MCCORMACK, and MILLER-LERMAN, JJ.

MILLER-LERMAN, J.

NATURE OF CASE

This matter has its origins in an automobile accident that occurred on October 31, 2003. Todd Thrower, who had underinsured coverage with the Progressive Corporation (Progressive), was injured and settled with Jeremy Anson, who had liability coverage with State Farm Insurance Company (State Farm), which agreed to pay policy limits in exchange for a complete release. After Thrower executed the release, Progressive denied Thrower...

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