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SAFECO INSURANCE COMPANY OF AMERICA v. McKENNA

No. 9965.

535 P.2d 1332 (1975)

87 N.M. 481

SAFECO INSURANCE COMPANY OF AMERICA, INC., Plaintiff-Appellant, v. Bernard J. McKENNA and Richard E. McKENNA, Defendants-Appellees, and Robert Ortiz, Intervenor-Appellee.

Supreme Court of New Mexico.

May 14, 1975.

Attorney(s) appearing for the Case

Shaffer, Butt, Jones & Thornton, Albuquerque, for plaintiff-appellant.

Thomas D. Schall, Bradford H. Zeikus, Albuquerque, for defendants-appellees.

OPINION

MARTINEZ, Justice.

Robert Ortiz filed suit against Bernard J. McKenna and his son, Richard E. McKenna, in the district court of Bernalillo County for personal injuries which Mr. Ortiz received in a fight with Richard E. McKenna. In his complaint, Mr. Ortiz alleged that the damages he sustained were the result of an intentional tort committed by the younger McKenna. Safeco Insurance Company of America, Inc. (hereinafter "Safeco") refused to provide...

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