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Doe v. Fireman's Fund Insurance Company

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Friday, October 11, 2013

S-13-0075, Jane Doe (Appellant) v. Fireman’s Fund Insurance Company (Appellee)

Red Willow County, Judge David W. Urbom.

Attorneys:       Vincent M. Powers (Appellant) --- Patrick Q. Hustead & Christopher J. Shannon (Appellee) (The Hustead Law Firm) & Stephen L. Ahl (Appellee) (Wolfe, Snowden, Hurd, Luers, & Ahl).

Civil:   Insurance (duty to defend, duty of good faith and fair dealing) and Bankruptcy (violation of automatic stay).

Proceedings Below:    The district court granted summary judgment for Fireman’s, finding that the default judgment which formed the basis of Doe’s claim was void because it violated the automatic stay from the bankruptcy proceeding.

Issues on Appeal:        The court erred in (1) holding that the filing of the default judgment violated the automatic bankruptcy stay, and (2) granting summary judgment for Fireman’s.

Issues on Cross-Appeal: Fireman’s argues that because the court determined that the insurance policy did not cover the underlying factual allegations of the alleged negligence, and Doe did not appeal that ruling, Fireman’s had no duty to defend and did not breach its duty of good faith and fair dealing.

This page was last modified on Friday, October 11, 2013