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FEDERATED SERVICE INS. v. ALLIANCE CONST.

No. S-10-559.

805 N.W.2d 468 (2011)

282 Neb. 638

FEDERATED SERVICE INSURANCE COMPANY, appellee, v. ALLIANCE CONSTRUCTION, LLC, appellant, and Sadler Line Construction, Inc., and Danny O'Neall, appellees.

Supreme Court of Nebraska.

October 28, 2011.

Attorney(s) appearing for the Case

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

Kurt D. Maahs and James C. Morrow , of Morrow, Willnauer & Klosterman, L.L.C., for appellee Federated Service Insurance Company.

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

CONNOLLY, J.

SUMMARY

In this declaratory judgment action, Federated Service Insurance Company (Federated) sought a determination that under its policy with Sadler Line Construction, Inc. (Sadler), it had no duty to defend or indemnify Alliance Construction, Inc. (Alliance). Sadler was a subcontractor of Alliance. The district court granted summary judgment to Federated. We reverse the judgment and remand the cause for further proceedings.

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