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

Nos. S-11-664, S-11-764.

816 N.W.2d 1 (2012)

284 Neb. 1

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

Supreme Court of Nebraska.

June 22, 2012.


Attorney(s) appearing for the Case

Richard J. Gilloon and Heather B. Veik , of Erickson & Sederstrom, P.C., Omaha, and Tory M. Bishop and Angela Probasco, of Kutak Rock, L.L.P., Omaha, for appellant.

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

HEAVICAN, C.J., WRIGHT, CONNOLLY, STEPHAN, and McCORMACK, JJ.


McCORMACK, J.

I. NATURE OF CASE

This is an appeal after a retrial on remand in a breach of contract claim by the insured against the insurer. At issue in this appeal is the optional replacement cost coverage that the insured contracted. The question is whether the insurer's general denial of liability excused the insured from complying with a policy condition requiring that the insured actually repair or replace the damaged property before replacement costs...

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