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VALLEJOS v. COLONIAL LIFE & ACC. INS. CO.

No. 11454.

571 P.2d 404 (1977)

91 N.M. 137

Frances E. VALLEJOS, guardian of the person and next friend of Mark Anthony Lucero, a minor, Plaintiff-Appellant, v. COLONIAL LIFE & ACCIDENT INSURANCE COMPANY, Defendant-Appellee.

Supreme Court of New Mexico.

November 7, 1977.

Attorney(s) appearing for the Case

Charels A. Keeling, Jr., Albuquerque, for plaintiff-appellant.

Modrall, Sperling, Roehl, Harris & Sisk, Alan Konrad, James A. Parker, Albuquerque, for defendant-appellee.

OPINION

PAYNE, Justice.

This suit was brought in behalf of Mark Anthony Lucero, a minor, to recover insurance benefits in the amount of $20,000 plus interest for the accidental death of his father, Joe Lucero. The trial court denied the plaintiff's claim and entered judgment for the defendant based upon stipulated facts.

The stipulated findings of fact are as follows:

1. The decedent Joe S. Lucero, intentionally and deliberately consumed...

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