STATE FARM MUT. AUTO. INS. CO. v. FOUNDATION R. INS. CO.

No. 8292.

431 P.2d 737 (1967)

78 N.M. 359

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff-Appellee, v. FOUNDATION RESERVE INSURANCE COMPANY, Inc., Defendant-Appellant.

Supreme Court of New Mexico.

September 11, 1967.


Attorney(s) appearing for the Case

Farlow & Duffy, Albuquerque, for appellant.

Eugene E. Klecan, Albuquerque, for appellee.


OPINION

WOOD, Judge, Court of Appeals.

Plaintiff, claiming as a subrogee, sought reimbursement from defendant for payments plaintiff made under its policy after defendant denied coverage under defendant's insurance policy. The issues are: (1) Was plaintiff's insured also an insured under defendant's policy? (2) Were conditions of defendant's policy pertaining to notice of accident and notice of suit met? (3) Was defendant's policy primary insurance? (4)...

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