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LENNERS v. ST. PAUL FIRE AND MARINE INS.

No. A-09-1042.

793 N.W.2d 357 (2010)

18 Neb. App. 772

Kelly J. LENNERS, appellant, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, a Minnesota corporation, et al., appellees, and American Family Mutual Insurance Company, intervenor-appellee.

Court of Appeals of Nebraska.

December 28, 2010.

Attorney(s) appearing for the Case

Danene J. Tushar , of Fraser Stryker, P.C., L.L.O., Omaha, for appellant.

Stephen L. Ahl , Lincoln, and Krista M. Carlson , of Wolfe, Snowden, Hurd, Luers & Ahl, L.L.P., for appellees.

Stephanie F. Stacy and Derek C. Zimmerman , of Baylor, Evnen, Curtiss, Grimit & Witt, L.L.P., Lincoln, for intervenor-appellee.

SIEVERS, MOORE, and CASSEL, Judges.

CASSEL, Judge.

INTRODUCTION

The district court held that the appellant's action for underinsured motorist benefits under the insurance policy covering her vehicle was barred by the statute of limitations. The instant appeal turns upon whether the appellant made a "proper" presentation of her claim in the other driver's estate. Because we conclude that the claim filed with the probate court was the equivalent, for purposes of the statute of limitations, of...

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