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PREFERRED RISK MUTUAL INS. CO. v. CONTINENTAL INS. CO.

No. 34919.

109 N.W.2d 126 (1961)

172 Neb. 179

PREFERRED RISK MUTUAL INSURANCE COMPANY, Appellant, v. CONTINENTAL INSURANCE COMPANY, Appellee.

Supreme Court of Nebraska.

May 5, 1961.

Attorney(s) appearing for the Case

McCormack & McCormack, Wear, Boland, Mullin & Walsh, A. Lee Bloomingdale, Omaha, Paul Gerdes, Colorado Springs, Colo., for appellant.

Crossman, Barton & Norris, Omaha, for appellee.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, SPENCER, BOSLAUGH, and BROWER, JJ.

SIMMONS, Chief Justice.

This is an action brought by Preferred Risk Mutual Insurance Company against the Continental Insurance Company.

On March 1, 1957, plaintiff had issued a policy of insurance to one Linn P. Sullenberger covering bodily injury, property damage, and other risks, and specifically related to a 1953 Buick.

On or about April 19, 1957, Sullenberger bought a 1953 Chevrolet for the use of his grandson, then a minor and a student in Arizona...

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