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Fo Ge Investments LLC v. First American Title and First American Title Insurance Co.

Court of Appeals of Nebraska

October 1, 2019

Fo Ge Investments LLC, appellant,
v.
First American Title and First American Title Insurance Company, appellees.

         1. Summary Judgment. Summary judgment is to be granted when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

         2. ____ . Summary judgment is proper only when the pleadings, depositions, admissions, stipulations, and affidavits in the record disclose that there is no genuine issue as to any material fact 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.

         3. Summary Judgment: Appeal and Error. In reviewing a summary judgment, an appellate court views the evidence in a light most favorable to the party against whom the judgment is granted and gives such party the benefit of all reasonable inferences deducible from the evidence.

         4. Insurance: Contracts. An insurance policy should be considered as any other contract and be given effect according to the ordinary sense of the terms used, and if they are clear they will be applied according to their plain and ordinary meaning.

         5. Appeal and Error. An appellate court is not obligated to engage in an analysis which is not needed to adjudicate the controversy before it.

         6. Insurance: Contracts: Claims: Proof. To establish a claim for bad faith, a plaintiff must show an absence of a reasonable basis for denying the benefits of the insurance policy and the insurer's knowledge or reckless disregard of the lack of a reasonable basis for denying the claim.

         7. Title: Insurance: Agents. Title insurance companies and their agents are required to exercise the degree of skill and knowledge normally possessed by members of the profession in good standing concerning preliminary title information which is transmitted to their customers.

         [27 Neb.App. 672] 8. Summary Judgment: Motions for Continuance: Affidavits. As a prerequisite for a continuance, additional time, or other relief, a party is required to submit an affidavit stating a reasonable excuse or good cause for the party's inability to oppose a summary judgment motion.

         9. Summary Judgment: Motions for Continuance. In ruling on a request for a continuance or additional time in which to respond to a motion for summary judgment, a court may consider the complexity of the lawsuit, the complications encountered in litigation, and the availability of evidence justifying opposition to the motion.

         10. Motions for Continuance: Appeal and Error. A trial court's grant or denial of a continuance will be reviewed for an abuse of discretion.

          Appeal from the District Court for Douglas County: J. Michael Coffey, Judge.

          Douglas W. Ruge, of Douglas W. Ruge & Associates, PC, L.L.O., for appellant.

          Brian D. Nolan and Elizabeth Gasaway, of Nolan, Olson & Stryker, P.C., L.L.O., for appellees.

          Riedmann, Arterburn, and Welch, Judges.

          ARTERBURN, JUDGE.

         I. INTRODUCTION

         Fo Ge Investments LLC (FoGe) appeals from an order granting summary judgment in favor of First American Title and First American Title Insurance Company (collectively First American), which order was entered by the district court for Douglas County. FoGe contends that there are questions of material fact with respect to its breach of contract and negligence claims and that summary judgment was premature. For the ...


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