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SAFECO INS. CO. OF AMERICA, INC. v. McKENNA

No. 11102.

565 P.2d 1033 (1977)

90 N.M. 516

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.

Rehearing Denied August 2, 1977.

Attorney(s) appearing for the Case

Gallagher, Casados & Patten, David R. Gallagher, Albuquerque, Shaffer, Butt, Jones & Thornton, J. Duke Thornton, Albuquerque, for plaintiff-appellant.

Bradford H. Zeikus, Albuquerque, for defendants-appellees.

Thomas D. Schall, Albuquerque, for intervenor-appellee.

OPINION

EASLEY, Justice.

Bernard McKenna (McKenna) had a homeowner's insurance policy with Safeco Insurance Company of America (Safeco). McKenna's son, Richard, was a minor and a member of his father's household. Robert Ortiz (Ortiz) filed a civil action in assault and battery for damages sustained in a fight with Richard, alleging intentional misconduct by Richard and also the negligence of McKenna in failing to exercise discipline and control over Richard...

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