Jimmy R. Barnes, Jr., appellant,
American Standard Insurance Company of Wisconsin, appellee.
Summary Judgment: Appeal and Error. An appellate court will
affirm a lower court's grant of summary judgment if the
pleadings and admitted evidence show that there is no genuine
issue as to any material facts or as to the ultimate
inferences that may be drawn from those facts and that the
moving party is entitled to judgment as a matter of law.
__:__. In reviewing a summary judgment, an appellate court
views the evidence in the light most favorable to the party
against whom the judgment was granted and gives that party
the benefit of all reasonable inferences deducible from the
Summary Judgment: Proof. The party moving for summary
judgment has the burden to show that no genuine issue of
material fact exists and must produce sufficient evidence to
demonstrate that the moving party is entitled to judgment as
a matter of law.
Summary Judgment. In the summary judgment context, a fact is
material only if it would affect the outcome of the case.
Summary judgment proceedings do not resolve factual issues,
but instead determine whether there is a material issue of
fact in dispute.
If a genuine issue of fact exists, summary judgment may not
properly be entered.
Insurance: Contracts: Proof. The burden of establishing an
effective cancellation before a loss is on the insurer.
Statutes: Intent: Service of Process. It is the intent of
Neb. Rev. Stat. § 44-516 (Reissue 2010) to require
registered or certified mail for every cancellation notice
within its purview. The requirement of registered or
certified mail facilitates proof of receipt of notice.
Insurance: Notice. There is no requirement in Neb. Rev. Stat.
§ 44-516 (Reissue 2010) that the insured actually
Neb. 332] 10. Statutes: Presumptions: Legislature: Intent. In
construing a statute, it is presumed that the Legislature
intended a sensible, rather than absurd, result.
Insurance: Service of Process: Notice: Legislature: Intent:
Proof. By using registered or certified services as required
in Neb. Rev. Stat. § 44-516 (Reissue 2010), the
Legislature relieved the insurer of proving that a notice of
cancellation was received.
from the District Court for Douglas County: Duane C.
Dougherty, Judge. Reversed and remanded for further
L. Rock and Jordan E. Hoist, of Ellick, Jones, Buelt, Blazek
& Longo, L.L.R, for appellant.
D. Hansen for appellee.
Heavican, C.J., Wright, Miller-Lerman, Cassel, Kelch, and
R. Barnes, Jr., the appellant, was in a motorcycle-motor
vehicle accident. American Standard Insurance Company of
Wisconsin (American Standard) asserted that Barnes'
motorcycle insurance policy had been canceled prior to the
accident and denied underinsured coverage to Barnes. Barnes
filed a complaint with a jury demand in the district court
for Douglas County in which he claimed wrongful denial of
coverage. The parties filed cross-motions for partial summary
judgment. After a hearing, the district court granted
American Standard's motion for partial summary judgment,