INSURANCE CO. OF NORTH AMERICA v. WYLIE CORP.

No. 16295.

733 P.2d 854 (1987)

105 N.M. 406

INSURANCE COMPANY OF NORTH AMERICA and the Bankruptcy Estate of Ben Paul Jones, Plaintiff-Appellees, Cross-Appellees, v. WYLIE CORPORATION, Defendant, Third-Party Plaintiff-Appellee, Cross-Appellant, v. MOUNTAIN STATES MUTUAL CASUALTY COMPANY, Third-Party Defendant-Appellant.

Supreme Court of New Mexico.

February 25, 1987.


Attorney(s) appearing for the Case

George Wright Weeth, Butt, Thornton, Baehr, P.C., Albuquerque, for plaintiff-appellees, cross-appellees.

Charles J. Noya, Villella, Skarsgard & Noya, P.A., Albuquerque, for defendant, third-party plaintiff-appellee.

Cynthia A. Fry, Civerolo, Hansen & Wolf, P.A., Albuquerque, for third-party defendant-appellant.


OPINION

WALTERS, Justice.

Plaintiffs Insurance Company of North America (INA) and the Bankruptcy Estate of Ben Paul Jones filed suit against defendant Wylie Corporation claiming subrogation for damages to a truck owned by Jones. Wylie then filed a third-party complaint against its insurer, Mountain States Mutual Casualty Company (Mountain States), alleging damages for failure to provide a defense, and for indemnification...

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