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AMERICAN FAMILY MUT. INS. CO. v. WHEELER

No. S-13-240.

842 N.W.2d 100 (2014)

287 Neb. 250

AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Appellee and Cross-Appellee, v. Rick W. WHEELER, Appellee and Cross-Appellant, and Joshua McCrary et al., Appellants.

Supreme Court of Nebraska.

Filed January 24, 2014.

Attorney(s) appearing for the Case

David A. Domina , Omaha, Brian E. Jorde , and Jeremy R. Wells , of Domina Law Group, P.C., L.L.O., for appellants Joshua McCrary et al.

Betty L. Egan , of Walentine, O'Toole, McQuillan & Gordon, L.L.P., Omaha, for appellee Rick W. Wheeler.

Jane D. Hansen , Omaha, for appellee American Family Mutual Insurance Company.

Heavican, C.J., Connolly, Stephan, McCormack, Miller-Lerman, and Cassel, JJ.

Connolly, J.

SUMMARY

Ryan Wheeler, Rick Wheeler's son, allegedly sexually assaulted Joshua McCrary and Maren McCrary's minor daughter, C.M. The McCrarys sued Rick for negligence. American Family Mutual Insurance Company (American Family), Rick's liability insurer, sought a declaratory judgment that its policies did not cover Rick, which request the district court granted. The primary issue is whether a severability clause, which requires that the insurance...

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