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ASKEW v. MILLER MUTUAL FIRE INSURANCE CO. OF TEXAS

No. 9834.

522 P.2d 574 (1974)

86 N.M. 239

Travis J. ASKEW, Jr., Individually and as Administrator of the Estate of Patricia sue Askew, Deceased, Plaintiff-Appellant, v. The MILLER MUTUAL FIRE INSURANCE COMPANY OF TEXAS, Defendant-Appellee.

Supreme Court of New Mexico.

May 17, 1974.

Attorney(s) appearing for the Case

Adams & Foley, Horton & Werner, Albuquerque, for plaintiff-appellant.

Keleher & McLeod, Russell Moore, Richard B. Cole, Albuquerque, for defendant-appellee.

OPINION

McMANUS, Chief Justice.

This suit was brought in the District Court of Bernalillo County to obtain a declaratory judgment that an insurance policy issued by the defendant-appellee to the State Highway Department of New Mexico (Department) covers the Department for liability in connection with an automobile accident in which the plaintiff-appellant was injured and his wife was killed.

On July 2, 1970, appellant's car struck a horse resulting...

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