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D & S REALTY, INC. v. MARKEL INS. CO.

No. S-09-642.

789 N.W.2d 1 (2010)

280 Neb. 567

D & S REALTY, INC., appellant, v. MARKEL INSURANCE COMPANY, a corporation, appellee.

Supreme Court of Nebraska.

September 10, 2010.

Attorney(s) appearing for the Case

Charles F. Gotch , James D. Garriott , and David A. Blagg , of Cassem, Tierney, Adams, Gotch & Douglas, Omaha, for appellant.

Richard J. Gilloon and Heather Veik , of Erickson & Sederstrom, P.C., Omaha, for appellee.

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

CONNOLLY, J.

I. SUMMARY

Appellant, D & S Realty, Inc. (D & S), owned a building known as the North Tower, located in Omaha, Nebraska. Markel Insurance Company (Markel) insured the building. After the building incurred water damage, Markel denied liability. Markel claimed that D & S violated a policy clause which provided that Markel would not be liable for water damage if the insured property had been vacant for more than 60 consecutive days...

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