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MILLARD GUTTER v. FARM BUREAU PROPERTY

No. S-15-912.

889 N.W.2d 596 (2016)

295 Neb. 419

MILLARD GUTTER COMPANY, a corporation, doing business as Millard Roofing and Gutter, appellee, v. FARM BUREAU PROPERTY & CASUALTY INSURANCE COMPANY, appelllant.

Supreme Court of Nebraska.

Filed December 30, 2016.

Attorney(s) appearing for the Case

Michael T. Gibbons , Omaha, and Aimee C. Bataillon , of Woodke & Gibbons, P.C., L.L.O., for appellant.

Theodore R. Boecker, Jr. , of Boecker Law, P.C., L.L.O., for appellee.

Heavican, C.J., Wright, Miller-Lerman, Cassel, Stacey, Kelch, and Funke, JJ.

INTRODUCTION

A homeowner's insurance policy prohibited an assignment of "[a]ll rights and duties" without the insurer's consent. Nonetheless, after a storm damaged the homeowner's roof, he assigned his claim to the company that repaired it. The company obtained a county court judgment, which the district court affirmed. This...

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