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HAUPTMAN, O'BRIEN, WOLF v. AUTO-OWNERS

No. S-20-516.

964 N.W.2d 264 (2021)

310 Neb. 147

HAUPTMAN, O'BRIEN, WOLF & LATHROP, P.C., appellee and cross-appellant, v. AUTO-OWNERS INSURANCE COMPANY, appellant and cross-appellee.

Supreme Court of Nebraska.

Filed September 17, 2021.

Attorney(s) appearing for the Case

Michael T. Gibbons , Omaha, and Raymond E. Walden , of Woodke & Gibbons, P.C., L.L.O., for appellant.

Joshua J. Yambor , Omaha, and Stevie Chesterman , of Hauptman, O'Brien, Wolf & Lathrop, P.C., for appellee.

Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, Papik, and Freudenberg, JJ.

INTRODUCTION

This appeal presents a question of law: Does a statute granting an insurer the right of subrogation preempt a common-law rule allowing an attorney to collect a pro rata share of his or her fees from an insurer? Because the statutory language is silent as to attorney fees and there is no indication that the Legislature...

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