MAURER v. THORPE

No. 13127.

621 P.2d 503 (1980)

95 N.M. 286

John Richard MAURER and Farmers Insurance Group, aka Farmers Insurance Exchange, a corporation, Petitioners, v. Kenneth THORPE, Rosella Marie Hepner and Allstate Insurance Companies, a corporation, Respondents.

Supreme Court of New Mexico.

December 5, 1980.


Attorney(s) appearing for the Case

Carl M. Sparks, Albuquerque, for petitioners.

Farlow & Bardley, LeRoi Farlow, Albuquerque, Robert H. Graham, Farmington, for respondents.


OPINION

SOSA, Chief Justice.

This appeal concerns the denial of plaintiff's attempt to join defendant's insurer as a party-defendant and is limited to the determination of one narrow issue, whether a plaintiff, who is required by law to join its insurance company as an indispensable party-plaintiff by way of subrogation in an automobile tort claim action, is denied equal protection of the law or denied due process if not allowed the right to join defendant...

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