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American Family Mutual Insurance Company v. Wheeler

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Friday, November 8, 2013

S-13-0240, American Family Mutual Insurance Company (Appellee) v. Rick W. Wheeler, Joshua McCrary, Maren McCrary, and C.M., a minor, by Joshua and Maren McCrary (Appellants)

Sarpy County, Judge David K. Arterburn

Attorneys:  Jane D. Hansen (Appellee) --- Betty L. Egan (Appellant Wheeler) (Walentine, O’Toole, McQuillan & Gordon, LLP) --- David A. Domina, Brian E. Jorde, & Jeremy R. Wells (DominaLaw Group PC, LLO) (Appellants McCrarys)

Civil: Declaratory Judgment, Insurance Coverage

Proceedings Below: American Family filed a declaratory judgment action seeking a judgment that its insurance policies did not cover the McCrary’s claims against Wheeler.  American Family moved for summary judgment, which the court granted.

Issues on Appeal:  The district court erred in (1) finding that the various exclusions from coverage applied to Wheeler despite the “Severability of Insurance Clause” in the insurance policies; (2) finding that the “Severability of Insurance Clause” did not render the policies ambiguous when read in conjunction with other policy provisions and the exclusions from coverage; and (3) failing to award the McCrarys’ attorneys’ fees.

Cross-Appeal:  The trial court erred in making any rulings as to Ryan Wheeler over whom it did not have personal jurisdiction.


This page was last modified on Friday, November 8, 2013