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BECKMAN v. FEDERATED MUT. INS. CO.

No. A-09-975.

788 N.W.2d 806 (2010)

18 Neb. App. 513

John F. BECKMAN and Farmers Mutual Insurance Company of Nebraska, appellants, v. FEDERATED MUTUAL INSURANCE COMPANY, also known as and doing business as Federated Insurance, et al., appellees.

Court of Appeals of Nebraska.

August 10, 2010.

Attorney(s) appearing for the Case

Thomas A. Grennan and Francie C. Riedmann , of Gross & Welch, P.C., L.L.O., Omaha, for appellants.

Michael G. Mullin and Amy L. Van Horne , of Kutak Rock, L.L.P., Omaha, for appellees Federated Mutual Insurance Company and Sid Dillon Chevrolet-Oldsmobile-Pontiac, Inc.

MOORE and CASSEL, Judges.

CASSEL, Judge.

INTRODUCTION

This case is an insurance coverage dispute arising out of an accident in which the driver was operating a temporary substitute vehicle provided by a car dealership. Because both the policy insuring the driver and the dealership's policy insuring the vehicle purport to transfer liability to the other insurance policy, we conclude that the policies contain mutually repugnant language. We therefore apply the rule that in such situations...

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