Insurance Company of North America v. Kunin

On February 2, 1960, a department store operated by Herzberg’s, Inc., in Omaha, Nebraska, was damaged by fire. This action was brought by Insurance Company of North America against Maxim’s of Nebraska, Inc., a corporation, to recover the amount which the plaintiff alleged that it had paid to Herzberg’s, Inc., under an insurance policy as a result of the fire. The petition alleged that the fire was caused by the negligence of the defendant and its employees.

The plaintiff also commenced garnishment proceed ings against another insurance company in an effort to reach funds which the plaintiff…