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.
. 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.
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.
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.
Appeal and Error. An appellate court is not
obligated to engage in an analysis which is not needed to
adjudicate the controversy before it.
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
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.
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.
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.
Motions for Continuance: Appeal and Error. A
trial court's grant or denial of a continuance will be
reviewed for an abuse of discretion.
from the District Court for Douglas County: J. Michael
Douglas W. Ruge, of Douglas W. Ruge & Associates, PC,
L.L.O., for appellant.
D. Nolan and Elizabeth Gasaway, of Nolan, Olson &
Stryker, P.C., L.L.O., for appellees.
Riedmann, Arterburn, and Welch, Judges.
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 ...