ACH v. FARMERS MUTUAL INSURANCE CO. OF NEBRASKA

No. 39242.

215 N.W.2d 518 (1974)

191 Neb. 407

Howard F. ACH and Shirley J. Ach, Appellants, Cross-Appellees, v. FARMERS MUTUAL INSURANCE COMPANY OF NEBRASKA, Appellee, Cross-Appellant.

Supreme Court of Nebraska.

February 28, 1974.


Attorney(s) appearing for the Case

Ach & Ach, Bernard J. Ach, Friend, for appellants.

Barlow, Watson & Johnson, James J. DeMars, Lincoln, for appellee.

Heard before WHITE, C. J., SPENCER, BOSLAUGH, McCOWN, NEWTON and CLINTON, JJ., and CHADDERDON, District Judge.


CLINTON, Justice.

This is an action on a homeowner's insurance policy to recover for the loss of a diamond ring by theft. Pursuant to stipulation the cause was tried to the court without a jury. The court found the ring had been lost by theft, but that the plaintiffs had not given timely notice of loss to the defendant insurance company as required by the terms of the policy and denied recovery. We affirm.

It is uncertain as to which of two policies was in...

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