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WISEMAN v. ARROW FREIGHTWAYS, INC.

No. 2366.

552 P.2d 1240 (1976)

89 N.M. 392

H.O. WISEMAN, d/b/a Wiseman Cattle Company, Plaintiff-Appellee, v. ARROW FREIGHTWAYS, INC., Defendant and Third-Party Plaintiff-Appellee, v. The HARTFORD INSURANCE GROUP, Third-Party Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied August 4, 1976.

Attorney(s) appearing for the Case

William P. Gralow, Civerolo, Hanson & Wolf, Albuquerque, for appellant.

Thomas A. Tabet, Marchiondo & Berry, P.A., Albuquerque, for Wiseman.

Jack Smith, Albuquerque, for Arrow Freightways.

OPINION

WOOD, Chief Judge.

The appeal involves a "time to sue" provision of a livestock transportation policy. The provision states:

"No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity ... unless commenced within twelve (12) months next after the loss occurs ..."

Certain of plaintiff's cattle were killed or crippled while being transported by Arrow (Arrow Freightways, Inc.)...

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