Reeder v. Reeder

217 Neb. 120, 348 N.W.2d 832 (1984)

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Reeder v. Reeder

Nebraska Supreme Court
217 Neb. 120, 348 N.W.2d 832 (1984)

  • Written by Sheryl McGrath, JD

Facts

Theodore Reeder (Theodore) owned a home in Omaha, Nebraska. In 1979, Theodore moved to Texas but still owned the Omaha house. At the time, Theodore’s brother, Bernard, was building a home in Omaha. Bernard asked Theodore whether Bernard and his family could live in Theodore’s house until Bernard’s new home was complete. Theodore agreed. Bernard and his family—including Bernard’s daughter Dana—moved into Theodore’s house. Bernard did not pay rent to Theodore, but Bernard maintained the house and paid for the utilities. Theodore continued to pay the property tax on the house. In addition, Theodore and Bernard agreed that Theodore would leave the property insurance on the house in place. The property-insurance carrier was Cornhusker Casualty Company (Cornhusker) (plaintiff). Less than a year after Bernard and his family moved into Theodore’s house, a fire significantly damaged the house. The fire apparently started when Dana started a fire in the gas fireplace without opening the fireplace damper. Theodore submitted an insurance claim to Cornhusker. Cornhusker paid the claim and then filed a lawsuit naming Dana, Dana’s mother, and Bernard as defendants. The trial court dismissed the parents from the lawsuit. Dana then filed a motion for summary judgment. The trial court entered summary judgment in favor of Dana. Cornhusker appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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