S-12-0875, Dowayne Peterson (Appellant) v. Homesite Indemnity Company
Sarpy County, Judge Max J. Kelch
Attorneys: Ralph A. Froelich (Locher Pavelka Dostal Braddy & Hammes) (Appellant) --- Thomas A. Grennan, Andrew J. Wilson (Gross & Welch PCLLO)
Civil: Insurance contract interpretation; breach of contract
Proceedings below: This case was previously before the Supreme Court. See S-11-0654, Peterson v. Homesite Indemnity Company (Appeal dismissed under Neb. Ct. R. App. P. § 2-107(A)(2)). In the instant appeal, the district court granted summary judgment in favor of Homesite and against Peterson on the actions for breach of contract and bad faith. The counterclaim was subsequently dismissed pursuant to a stipulation by the parties.
Issues: (1) The trial court erred in granting summary judgment. (2) The court erred in concluding that no theft had occurred because a contract dispute arose. (3) The court erred in dismissing Appellant’s cause of action for bad faith solely because he had not prevailed on his cause of action for breach of contract. (4) The court erred in dismissing Appellant’s cause of action for bad faith because Homesite did not present a prima facie case, there are genuine issues of material fact, Homesite acted in bad faith and was not entitled to judgment as a matter of law.