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SUMMERS v. AMERICAN RELIABLE INSURANCE COMPANY

No. 9587.

511 P.2d 550 (1973)

85 N.M. 224

Robert J. SUMMERS, Plaintiff-Appellee, v. AMERICAN RELIABLE INSURANCE COMPANY, Defendant-Appellant, v. AMERICAN BANK OF CARLSBAD, Defendant-Appellee.

Supreme Court of New Mexico.

June 22, 1973.

Attorney(s) appearing for the Case

Blenden, McCormick & Norrid, Dick A. Blenden, Carlsbad, for defendant-appellant.

McCormick, Paine & Forbes, Eugene C. Paine, Carlsbad, for plaintiff-appellee.

OPINION

STEPHENSON, Justice.

Defendant ("insurer") insured plaintiff's house trailer, in which American Bank of Carlsbad ("the bank") had a security interest, against physical damage. The trailer was totally destroyed by an explosion and fire and insurer refused to pay the loss. Plaintiff filed suit for actual and punitive damages for breach of the insurance contract. An answer and plaintiff's motion for summary judgment were filed. A "summary judgment"...

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