HERTZ CORP. v. ASHBAUGH

No. 3987.

607 P.2d 1173 (1980)

94 N.M. 155

The HERTZ CORPORATION, Plaintiff-Appellee, and Nancy Bradshaw, Plaintiff in Intervention-Appellee, v. Tilman H. ASHBAUGH, Defendant and Third Party Plaintiff-Appellee, v. FOUNDATION RESERVE INSURANCE CO., INC., Third Party Defendant-Appellant.

Court of Appeals of New Mexico.

Writ of Certiorari Denied February 26, 1980.


Attorney(s) appearing for the Case

Juan G. Burciaga, Ussery, Burciaga & Parrish, Albuquerque, for third party defendant-appellant.

James M. Kennedy, Coors, Singer & Stratton, P.A., Albuquerque, for appellee.


OPINION

WALTERS, Judge.

The trial court, sitting without a jury, found that Foundation Reserve Insurance Company issued a liability insurance policy to "Tilman H. Ashbaugh dba Corky's Wrecker Service" which covered a temporary substitute automobile owned by Tilman H. Ashbaugh individually. Ashbaugh, while on business for the Wrecker Service and while driving the substitute automobile because one of the company's wreckers was inoperative, was involved in...

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