STATE EX REL. WAGNER v. GILBANE BLDG. CO.

No. S-07-805.

757 N.W.2d 194 (2008)

276 Neb. 686

STATE of Nebraska ex rel. L. Tim Wagner, Director of Insurance of the State of Nebraska, as Liquidator of Amwest Surety Insurance Company, appellee, v. GILBANE BUILDING COMPANY, a Rhode Island corporation, appellant.

Supreme Court of Nebraska.

October 31, 2008.


Attorney(s) appearing for the Case

Robert F. Craig and Jenna B. Taub, of Robert F. Craig, P.C., Omaha, for appellant.

Michael S. Degan and Theresa D. Koller, of Blackwell Sanders, L.L.P., Omaha, and Robert L. Nefsky of Rembolt Ludtke, L.L.P., Lincoln, for appellee.

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


STEPHAN, J.

Amwest Surety Insurance Company (Amwest) was declared insolvent on June 7, 2001, and is the subject of a liquidation order entered pursuant to the Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act (NISRLA).1 The question presented in this appeal is whether the district court for Lancaster County erred in determining as a matter of law that four payments made by Amwest to Gilbane Building Company (Gilbane),...

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