CONTINENTAL WESTERN INSURANCE COMPANY v. Conn

NATURE OF CASE

In this declaratory judgment action, Barry Conn and Marilyn Conn appeal the decision of the district court for Douglas County which determined that the schoolbus which struck Marilyn Conn was not an “underinsured vehicle” and, therefore, declared that Continental Western Insurance Company (Continental Western) was not required to make payment to the Conns pursuant to the underinsured motorist coverage provision in the policy Continental Western had issued to the Conns. We affirm.

STATEMENT OF FACTS

The controlling facts are not in dispute. On April 24, 1995, Marilyn Conn was stmck…