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VAN ERT v. STATE FARM MUT. AUTO. INS. CO.

No. S-07-1121.

758 N.W.2d 36 (2008)

276 Neb. 908

Mary M. VAN ERT, Personal Representative of the Estate of Leonard Van Ert, Deceased, Appellee and Cross-Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant and Cross-Appellee.

Supreme Court of Nebraska.

December 12, 2008.

Attorney(s) appearing for the Case

Stephanie F. Stacy and John J. Heieck, of Baylor, Evnen, Curtiss, Grimit & Witt, L.L.P., Lincoln, and Justin Herrmann, of Jacobsen, Orr, Nelson, Wright & Lindstrom, P.C., Kearney, for appellant.

Keith A. Harvat and Amy L. Patras, of Waite, McWha & Harvat, North Platte, for appellee.

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

HEAVICAN, C.J.

INTRODUCTION

State Farm Mutual Automobile Insurance Company (State Farm) appeals the Lincoln County District Court's grant of summary judgment to Mary M. Van Ert (Van Ert), the personal representative of the estate of Leonard Van Ert (Leonard). Leonard was killed in a motor vehicle accident on June 18, 2005, while driving his 1996 Nissan pickup. Leonard had a policy from State Farm on both the pickup...

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