S-25-0289 Bradley A. Rewerts and Amy L Rewerts (Appellants) v. Stuehrenberg Agency, Inc. (Appellee)
Appeal from the District Court for Adams County, Judge Morgan R. Farquhar
Attorneys: Justin D. Eichmann and Katie M. Martens (Houghton Bradford Whitted PC, LLO for Appellants) and Sean A. Minahan and Rachel R. Raymond (Lamson Dugan & Murray, LLP for Appellee)
Civil: Insurance law and summary judgment
Proceedings Below: Appellants sued Appellee for professional malpractice and negligent misrepresentation, and the district court entered summary judgment in Appellee’s favor and dismissed the lawsuit. On its own motion, the Nebraska Supreme Court ordered this case to be transferred from the docket of the Nebraska Court of Appeals to its docket.
Issues: Appellants assign the following error: 1) The district court weighed the evidence instead of making a finding of whether there were disputed material facts and erred in: A) Finding that the Appellants did not make a “specific request” for insurance coverage for the Morton building is weighing the evidence, which is contrary to the purposes of summary judgment; and B) Disputed, material facts remain and should be tried to a jury, including the insurer’s duty to properly investigate a property before issuing an insurance policy.