(DOWNLOAD) "Edward E. and Kathryn A. Jindra V." by Supreme Court of Nebraska ~ eBook PDF Kindle ePub Free
eBook details
- Title: Edward E. and Kathryn A. Jindra V.
- Author : Supreme Court of Nebraska
- Release Date : January 24, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
LANPHIER, J. Plaintiffs, Edward E. and Kathryn A. Jindra, appeal a judgment of the district court for Douglas County. The Jindras held property in joint tenancy with their adult daughter, Elizabeth Clayton. Clayton and her daughter, Cindy Clayton, resided at the property. The dwelling policy which insured the property listed the Jindras as the named insureds. The parties have stipulated that the property was damaged by a fire negligently caused by Cindy, then 13 years of age. The Jindras' insurer brought a subrogation action in the name of the Jindras against the Claytons. After a bench trial based entirely on stipulated facts, the district court dismissed the subrogation action. In its memorandum dismissing the action, the district court stated that insurers cannot subrogate against their own insureds and that due to the close familial relationship between the parties and because the insured property was held in joint tenancy, the insurer was, in effect, seeking to subrogate against its own insured. The insurer, in the name of the Jindras, timely perfected an appeal. We hold that the relationship between the Jindras and the Claytons is such that if the insurer were permitted to maintain a subrogation action it would be, in effect, suing its own insured. Therefore, we affirm the holding of the district court.
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