U.S. Specialty Ins. Co. v. D S Avionics Unlimited LLC, 923 N.W.2d 367, 302 Neb. 283 (2019)

Feb. 15, 2019 · Nebraska Supreme Court · No. S-17-1101.

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

U.S. SPECIALTY INSURANCE COMPANY, a Corporation, Appellee,
v.
D S AVIONICS UNLIMITED LLC, Appellant.

No. S-17-1101.

Supreme Court of Nebraska.

Filed February 15, 2019.

Thomas M. Locher, of Locher, Pavelka, Dostal, Braddy & Hammes, L.L.C., Omaha, for appellant.

Robert E. O'Connor, Jr., Omaha, for appellee.

Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, and Papik, JJ., and Johnson, District Judge.

SUPPLEMENTAL 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).