Millard Gutter Company v. Farm Bureau Property & Casualty Insurance Co

Printer-friendly versionPrinter-friendly versionPDF versionPDF version

Millard Gutter Company v. Farm Bureau Property & Casualty Insurance Co

Case Number
S-15-0912
Call Date
November 4, 2016
Court Number
Douglas
Case Summary

S-15-0912, Millard Gutter Co. v. Farm Bureau Property & Casualty Ins. Co. (Appellant)

County Court of Douglas County, Judge Shelly R. Stratman

Attorneys: Theodore R. Boecker, Jr. (Boecker Law, P.C., L.L.O.) --- Michael T. Gibbons & Aimee C. Bataillon (Woodke & Gobbons, P.C., L.L.O.)(Appellant)

Civil: Insurance; breach of contract; subject matter jurisdiction; attorney fees

Proceedings Below: The county court entered judgment in favor of Appellee in the amount of $5, 252.66 and awarded $11,668.34 in attorney fees. The district court affirmed and awarded Appellee attorney fees of $5,140.00 on appeal.

Issues: The district court erred in affirming the county court's exercise of subject matter jurisdiction since the purported assignment of rights, duties and/or interests by Appellant's insured to Appellee was invalid and Appellee lacked privity of contract with Appellant.