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LAX v. FIDELITY AND CASUALTY COMPANY OF NEW YORK

No. 7385.

391 P.2d 411 (1964)

74 N.M. 123

Loice LAX and Miller Daniel, d/b/a Lax Terrazzo & Tile Company, Defendants-Appellants, v. FIDELITY AND CASUALTY COMPANY OF NEW YORK, Intervenor-Appellee.

Supreme Court of New Mexico.

April 13, 1964.

Attorney(s) appearing for the Case

Gallagher & Walker, Melvin L. Robins, Albuquerque, for appellants.

Modrall, Seymour, Sperling, Roehl & Harris, Frank H. Allen, Jr., Albuquerque, for appellee.

COMPTON, Chief Justice.

The single question presented on appeal is whether the intervenor, the liability insurance carrier for the partnership of Loice Lax and Miller Daniel, d/b/a Lax Terrazzo & Tile Company, is obligated to defend a wrongful death action instituted against the partnership, and to pay any judgment that might be rendered against Lax individually or the partnership as a result of a collision of a motor vehicle personally owned and operated by Lax...

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