U.S. Specialty Ins. Co. v. D S Avionics Unlimited LLC

923 N.W.2d 367, 302 Neb. 283

• Court: Nebraska Supreme Court
• Decided: February 15, 2019
• Docket: No. S-17-1101.
• Status: Published

Opinion

Per Curiam.

This case is before us on motions for rehearing filed by the appellant, D S Avionics Unlimited LLC, and the appellee, U.S. Specialty Insurance Company, concerning our opinion in U.S. Specialty Ins. Co. v. D S Avionics .¹ We overrule the motions, but we modify the opinion as follows:

In the "Declaratory Judgment Was Premature" subsection, we strike the third sentence of the first paragraph, including footnote 14.² Also in the same subsection, after the fourth sentence of the second paragraph,³ we insert the following sentence: " 'This rule embraces not only cases where the identical issues between the same parties are sub judice , but also possibly cases in which the issues only are identical but not the parties.' "⁴

The remainder of the opinion shall remain unmodified.

FORMER OPINION MODIFIED.

MOTIONS FOR REHEARING OVERRULED.

1 U.S. Specialty Ins. Co. v. D S Avionics , 301 Neb. 388, 918 N.W.2d 589 (2018).

2 Id . at 398, 918 N.W.2d at 596.

3 Id . at 399, 918 N.W.2d at 596.

4 Strawn v. County of Sarpy , 146 Neb. 783, 788, 21 N.W.2d 597, 600 (1946).