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HEARST-ARGYLE v. ENTREX COMMUNICATION SVCS.

Nos. S-09-048, S-09-104.

778 N.W.2d 465 (2010)

279 Neb. 468

HEARST-ARGYLE PROPERTIES, INC., et al., appellants, v. ENTREX COMMUNICATION SERVICES, INC., et al., appellees. Hearst-Argyle Properties, Inc., and The Hearst Corporation, appellants, v. Entrex Communication Services, Inc., et al., appellees.

Supreme Court of Nebraska.

February 19, 2010.

Attorney(s) appearing for the Case

J. Joseph McQuillan, of Walentine, O'Toole, McQuillan & Gordon, Omaha, and Jeffrey R. Learned, of Denenberg Tuffley, P.L.L.C., for appellants.

William R. Johnson and Craig F. Martin, of Lamson, Dugan & Murray, L.L.P., Omaha, for appellee Entrex Communication Services, Inc.

Thomas A. Grennan and Francie C. Riedmann, of Gross & Welch, P.C., L.L.O., Omaha, for appellee Communication Structures & Services, Inc.

Dean Suing, of Katskee, Henatch & Suing, Omaha, for appellee Dudutis Erection & Maintenance, Inc.

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

GERRARD, J.

The issues presented in this appeal arise out of a construction contract requiring that the property owner maintain insurance "without optional deductibles" and providing that if the insurance had deductibles, the property owner would "pay costs not covered because of such deductibles." We must determine whether those provisions insulate the construction contractor from liability and whether public policy permits them to be enforced if the contractor was...

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