MARYLAND CASUALTY COMPANY v. FOSTER

No. 7770.

414 P.2d 672 (1966)

76 N.M. 310

MARYLAND CASUALTY COMPANY, Third-Party Plaintiff-Appellee, v. J.M. FOSTER, d/b/a Foster Insurance Agency, Third-Party Defendant-Appellant.

Supreme Court of New Mexico.

May 23, 1966.


Attorney(s) appearing for the Case

T.K. Campbell, Las Cruces, James C Compton, Portales, for appellant.

Sanders & Bruin, Roswell, for appellee.


MOISE, Justice.

The facts of the case are generally undisputed and not complicated. Some time prior to July 2, 1962, Poynor's White Stores, Inc., hereinafter referred to as "Poynor's," had appellant Foster write all of their insurance. At that time appellant sent all Poynor's old policies to someone in Albuquerque, but the workmen's compensation policy was not included. On July 2, Poynor's informed appellant of two minor accidents involving their employees, and it...

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