MONTOYA v. MOORE

No. 8010.

422 P.2d 363 (1967)

77 N.M. 326

Pete MONTOYA, Plaintiff-Appellee, v. H.C. MOORE and Mutual of Omaha Insurance Company, formerly known as Mutual Benefit Health & Accident Association of Omaha, Nebraska, a corporation, Defendants-Appellants.

Supreme Court of New Mexico.

January 3, 1967.


Attorney(s) appearing for the Case

O.R. Adams, Jr., Albuquerque, for plaintiff-appellee.

Toulouse, Ruud, Gallagher & Walters, Albuquerque, for defendants-appellants.

Rodey, Dickason, Sloan, Akin & Robb, Modrall, Seymour, Sperling, Rochl & Harris, Leland S. Sedberry, Albuquerque, Savage, Gilbson, Benefield & Shelton, John A. Johnson, Oklahoma City, Okl., amici curiae.


OPINION

HENSLEY, Chief Judge, Court of Appeals.

This is an action to recover compensatory and punitive damages from an insurance company and its adjuster for the fraud practiced in obtaining a release from the plaintiff.

A jury verdict awarded the plaintiff compensatory damages against both defendants in the sum of $9,675.00 and punitive damages against the insurance company in the sum of $50,000.00. From a judgment consistent with the verdict both...

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