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MORTGAGE EXP., INC. v. TUDOR INS. CO.

No. S-08-728.

771 N.W.2d 137 (2009)

278 Neb. 449

MORTGAGE EXPRESS, INC., and Jeff Rothlisberger, Appellants, v. TUDOR INSURANCE COMPANY et al., Appellees.

Supreme Court of Nebraska.

August 28, 2009.

Attorney(s) appearing for the Case

Larry E. Welch, Jr., and Damien J. Wright, of Welch Law Firm, P.C., Omaha, for appellants.

Thomas A. Grennan and Francie C. Riedmann, of Gross & Welch, P.C., L.L.O., Omaha, for appellee Cincinnati Insurance Company.

Gerald L. Friedrichsen and Carla Heathershaw Risko, of Fitzgerald, Schorr, Barmettler & Brennan, P.C., L.L.O., Omaha, for appellee Tudor Insurance Company.

Patrick G. Vipond and John M. Walker, of Lamson, Dugan & Murray, L.L.P., Omaha, for appellee Peterson Brothers Insurance, Inc.

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

McCORMACK, J.

I. NATURE OF CASE

In this declaratory judgment action, Mortgage Express, Inc., and Jeff Rothlisberger, its sole shareholder (collectively Mortgage Express), seek a declaration that Mortgage Express' liability insurers, Tudor Insurance Company (Tudor) and Cincinnati Insurance Company (Cincinnati) are obligated to defend Mortgage Express in a suit brought against it by a third party, Village Campground...

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