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JERNIGAN v. NEW AMSTERDAM CASUALTY COMPANY

No. 6849.

367 P.2d 519 (1961)

69 N.M. 336

Max O. JERNIGAN, Plaintiff-Appellant, v. NEW AMSTERDAM CASUALTY COMPANY and Werntz Agency, Inc., Defendants-Appellees.

Supreme Court of New Mexico.

December 18, 1961.

Attorney(s) appearing for the Case

Bingham & Klecan, Albuquerque, for appellant.

Rodey, Dickason, Sloan, Akin & Robb, James C. Ritchie and Joseph J. Mullins, Albuquerque, for New Amsterdam Casualty.

Merritt W. Oldaker, Roy F. Miller, Jr., William H. Oldaker, Albuquerque, for Werntz Agency.

NOBLE, Justice.

Recovery is sought against New Amsterdam Casualty Company upon a policy of Workmen's Compensation and Employers' Liability insurance issued to Clark and Day Exploration Company, a partnership, and in the alternative, if the policy fails to cover plaintiff, against Werntz Agency, Inc. for negligent failure to secure the insurance coverage agreed upon. Appeal is taken from an order dismissing the complaint against both defendants for failure to state...

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