PHILLIPS v. ALLSTATE INS. CO.

No. 3735.

603 P.2d 1105 (1979)

93 N.M. 648

Paul A. PHILLIPS and Estelle S. Phillips, husband and wife, Plaintiffs-Appellants, v. ALLSTATE INSURANCE COMPANY, Defendant-Appellee.

Court of Appeals of New Mexico.

November 8, 1979.


Attorney(s) appearing for the Case

Paul A. Phillips, pro se.

LeRoi Farlow, Gordon J. McCulloch, Farlow & Bradley, Albuquerque, for defendant-appellee.


OPINION

HERNANDEZ, Judge.

Plaintiffs appeal from the granting of summary judgment in favor of defendant.

We reverse and remand for further proceedings.

Plaintiffs had been insured by defendant for automobile liability and collision from 1957 on. Defendant had renewed plaintiffs' coverage on a yearly basis since that time. On July 29, 1976 defendant mailed a letter to plaintiffs, the pertinent part of which reads as follows:

Your...

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