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SATTERWHITE v. STOLZ

No. 118.

442 P.2d 810 (1968)

79 N.M. 320

H. H. SATTERWHITE, Plaintiff, v. L. W. STOLZ, Jr., Defendant-Appellant, v. The WESTERN CASUALTY & SURETY COMPANY, a corporation, Third-Party Defendant-Appellee.

Court of Appeals of New Mexico.

June 7, 1968.

Attorney(s) appearing for the Case

Dale W. Ek, Allen C. Dewey, Modrall, Seymour, Sperling, Roehl & Harris, Albuquerque, for appellant.

Thomas B. Catron, III, Catron & Catron, Santa Fe, for appellee.

OPINION

WOOD, Judge.

The questions presented concern a "comprehensive personal liability policy" issued by third-party defendant to Stolz (defendant-third party plaintiff). They are: (1) Duty to defend; (2) Conflict of interest in defending; (3) The "no-action" clause; and (4) Duty to pay.

Plaintiff sought damages for personal injuries allegedly inflicted by Stolz. Third-party defendant refused to defend Stolz.

Stolz filed his third-party...

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