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COPPLE CONST. v. COLUMBIA NAT. INS. CO.

No. S-09-267.

776 N.W.2d 503 (2009)

279 Neb. 60

COPPLE CONSTRUCTION, L.L.C., appellee and cross-appellee, v. COLUMBIA NATIONAL INSURANCE COMPANY, appellant and cross-appellee, and Tyson Fresh Meats, Inc., appellee and cross-appellant.

Supreme Court of Nebraska.

December 24, 2009.

Attorney(s) appearing for the Case

Jerald L. Rauterkus and Sara A. Lamme, of Erickson Sederstrom, P.C., Omaha, for appellant.

Daniel B. Shuck, of Shuck Law Firm, Sioux City, IA, for appellee Tyson Fresh Meats, Inc.

Paul D. Lundberg, of Lundberg Law Firm, Sioux City, IA, for appellee Copple Construction, L.L.C.

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

McCORMACK, J.

NATURE OF CASE

Copple Construction, L.L.C., brought a declaratory judgment action against Columbia National Insurance Company (Columbia) asserting a claim for coverage under a policy of insurance issued by Columbia. Tyson Fresh Meats, Inc. (Tyson), was subsequently added as a necessary party. The district court granted summary judgment for Copple Construction. It later granted Copple Construction's motion for attorney fees, but denied Tyson...

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