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KLINE v. FARMERS INS. EXCHANGE

No. S-07-325.

766 N.W.2d 118 (2009)

277 Neb. 874

David KLINE and Patricia L. Kline, Appellants, v. FARMERS INSURANCE EXCHANGE, Appellee.

Supreme Court of Nebraska.

June 5, 2009.

Attorney(s) appearing for the Case

John C. Wieland and Kevin J. McCoy, of Dwyer, Smith, Gardner, Slusky, Lazer, Pohren & Rogers, L.L.P., Omaha, for appellants.

Daniel P. Chesire, of Lamson, Dugan & Murray, L.L.P., Omaha and Raymond E. Walden, of Walden Law Office, for appellee.

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

McCORMACK, J.

I. NATURE OF CASE

Farmers Insurance Exchange (Farmers) petitioned for further review the decision of the Nebraska Court of Appeals finding an exclusion in its automobile insurance policy to be void as against public policy. The exclusion denies underinsured motorist (UIM) coverage when a person is injured while occupying a vehicle he or she does not own but is insured for UIM coverage under another...

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