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MARYLAND CAS. CO. v. STATE FARM MUT. AUTO. INS. CO.

No. 7788.

419 P.2d 229 (1966)

77 N.M. 21

MARYLAND CASUALTY COMPANY, Plaintiff-Appellee and Cross-Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellant and Cross-Appellee.

Supreme Court of New Mexico.

October 10, 1966.

Attorney(s) appearing for the Case

LaFel E. Oman, Garnett R. Burks, Jr., Las Cruces, for appellant and cross-appellee.

J.D. Weir, J.R. Crouch, Las Cruces, for appellee and cross-appellant.

OPINION

MOISE, Justice.

We are here called upon to determine the relative rights of two insurance companies in connection with a loss covered by policies issued by each.

At all material times the plaintiff, Maryland Casualty Company, hereinafter referred to as "Maryland," had in force a comprehensive general liability policy insuring R.R. Burke and Sons, hereinafter referred to as "Burke." The insuring agreement read:

"To pay on behalf of...

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