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O'ROURKE v. NEW AMSTERDAM CASUALTY COMPANY

No. 6786.

362 P.2d 790 (1961)

68 N.M. 409

Francis T. O'ROURKE, d/b/a Goodyear Roof Restoring & Rebuilding Co., Plaintiff-Appellant, v. NEW AMSTERDAM CASUALTY COMPANY, Defendant-Appellee.

Supreme Court of New Mexico.

Rehearing Denied June 7, 1961.

Attorney(s) appearing for the Case

Bingham & Klecan, Albuquerque, for appellant.

Rodey, Dickason, Sloan, Akin & Robb, Charles B. Larrabee, Albuquerque, for appellee.

CHAVEZ, Justice.

Appellee, New Amsterdam Casualty Company, issued to appellant, Francis T. O'Rourke, d/b/a Goodyear Roof Restoring & Rebuilding Co., a policy of insurance in which it agreed:

"To pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of injury to or destruction of property, including the loss of use thereof, caused by accident and arising out of the hazards hereinafter defined....

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