AMERICAN MUTUAL INSURANCE COMPANY v. ROMERO

No. 670-69.

428 F.2d 870 (1970)

AMERICAN MUTUAL INSURANCE COMPANY, Appellant, v. Charles A. ROMERO, Jr. and Cecil Corcoran, Appellees.

United States Court of Appeals, Tenth Circuit.

July 16, 1970.


Attorney(s) appearing for the Case

Bruce D. Hall, Albuquerque, N. M. (Rodey, Dickason, Sloan, Akin & Robb, and James C. Ritchie, Albuquerque, N. M., with him on the brief), for appellant.

Edward T. Curran, Albuquerque, N. M. (Menig & Sager, Albuquerque, N. M., with him on the brief), for appellee Romero.

Before LEWIS, Chief Judge, and BREITENSTEIN and SETH, Circuit Judges.


SETH, Circuit Judge.

The appellant insurance company has taken an appeal in a declaratory judgment proceeding commenced by it against its insured, Mr. Charles A. Romero, Jr., and Mr. Cecil Corcoran. The trial court held in favor of the insured on an issue of coverage of an uninsured motorist clause contained in the policy and under the New Mexico statutes pertaining to such insurance.

The record shows that the declaratory judgment defendant Romero was a passenger...

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