FOUNDATION RESERVE INSURANCE CO. v. KENNEDY

No. 8524.

444 P.2d 293 (1968)

79 N.M. 382

FOUNDATION RESERVE INSURANCE CO., Plaintiff-Appellant, v. John R. KENNEDY, d/b/a Lybrook Inn, and James F. Hum, d/b/a Jim Hum Insurance, Defendants-Appellees.

Supreme Court of New Mexico.

August 12, 1968.


Attorney(s) appearing for the Case

Tansey, Rosebrough & Roberts, Richard L. Gerding, Farmington, for appellant.

Bigbee & Bryd, Jere C. Corlett, Santa Fe, for appellees.


OPINION

MOISE, Justice.

Plaintiff-appellant sought a declaration concerning its liability on a thirty-day binder issued by its agent to defendant-appellee to insure a building of defendant against fire loss. The building was destroyed by fire more than fifteen days after issuance of the binder but within the thirty days stated in it as the time during which it would be effective.

Plaintiff does not question the authority of the agent who issued the...

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