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THOS v. EMPLOYERS MUT. CAS. CO.

No. 82-551.

338 N.W.2d 784 (1983)

215 Neb. 424

Ludwig THOS, Appellee, v. EMPLOYERS MUTUAL CASUALTY COMPANY, Appellant.

Supreme Court of Nebraska.

October 7, 1983.

Attorney(s) appearing for the Case

Larry E. Welch and Earl G. Greene, III, of Gross, Welch, Vinardi, Kauffman & Day, P.C., Omaha, for appellant.

Thomas E. Brogan of Brogan & Stafford, P.C., Norfolk, for appellee.

KRIVOSHA, C.J., and BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.

WHITE, Justice.

This is an appeal from the judgment of the District Court for Wayne County, Nebraska, in favor of appellee, Ludwig Thos, against appellant, Employers Mutual Casualty Company, for breach of an agreement, contained in a comprehensive liability policy, to defend the insured (Thos) against actions by third persons. The insurer (Employers) refused coverage and declined to defend the action. The insured procured a private defense counsel and prevailed in...

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