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BUCKEYE STATE MUT. INS. CO. v. HUMLICEK

No. S-11-796.

822 N.W.2d 351 (2012)

284 Neb. 463

BUCKEYE STATE MUTUAL INSURANCE COMPANY, appellant, v. Richard HUMLICEK, appellee.

Supreme Court of Nebraska.

October 12, 2012.

Attorney(s) appearing for the Case

Jarrod P. Crouse and Colin A. Mues , of Baylor, Evnen, Curtiss, Grimit & Witt, L.L.P., Lincoln, for appellant.

Thomas A. Grennan and John A. Svoboda , of Gross & Welch, P.C., L.L.O., Omaha, for appellee.

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

McCORMACK, J.

NATURE OF CASE

The owners of a duplex insured a building through two concurrently issued, identical policies — one for each unit. A fire damaged the entire structure, and the insurer paid the owners' claims under both policies. The insurer then brought this action to determine its subrogation rights against the tenant of one of the duplex units, who was allegedly negligent in starting the fire. The insurer concedes that pursuant to ...

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