Barnes v. American Standard Insurance Company of Wisconsin

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Barnes v. American Standard Insurance Company of Wisconsin

Case Number
S-16-0854
Call Date
April 24, 2017
Case Time
9:00 AM
Court Number
Douglas
Case Summary

S-16-0854, Jimmy R. Barnes, Jr. (Appellant) v. American Standard Ins. Co. of Wisconsin

District Court for Douglas County, Judge Duane C. Dougherty

Attorneys: Daniel L. Rock and Jordan E. Holst (Ellick Jones Law Firm) for Appellant — Jane D. Hansen for Appellee

Civil: Underinsured Motorist Claim

Proceedings Below: The district court granted American Standard Insurance Co.’s motion for partial summary judgment, dismissed complaint with prejudice, and denied Jimmy Barnes’ motion for partial summary judgment.

Issues: Whether the district court erred in (1) finding as a matter of law that American Standard Ins. Co. sent a motorcycle insurance cancellation notice to Barnes in compliance with Neb. Rev. Stat. § 44-516 and thereby erred when it granted its motion for partial summary judgment, and (2) dismissing the complaint with prejudice when the matter before the Court was cross motions for partial summary judgment and discovery was leading to an alternate theory of recovery.