ALLSTATE INSURANCE CO. v. AUTO DRIVEAWAY CO.

No. 1527.

529 P.2d 303 (1974)

87 N.M. 77

ALLSTATE INSURANCE COMPANY and Paul A. Nocero, Plaintiffs-Appellants, v. AUTO DRIVEAWAY COMPANY, Defendant-Appellee.

Court of Appeals of New Mexico.

November 20, 1974.


Attorney(s) appearing for the Case

Jacob Carian, Albuquerque, for plaintiff-appellants.

James M. Dines, Albuquerque, for defendant-appellee.


OPINION

WOOD, Chief Judge.

Allstate Insurance Company paid Nocero, its insured, for a collision loss. It then sued Auto Driveaway Company for the amount of the loss paid. The trial court dismissed the complaint, holding Allstate had no subrogation right but paid the loss as a volunteer because the collision loss was not covered under Nocero's policy. See 16 Couch on Insurance 2d, § 61:54 (1966). Allstate appeals.

Nocero, in San Francisco, California...

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