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DELPH v. POTOMAC INS. CO.

No. 12629.

620 P.2d 1282 (1980)

Theresa DELPH, Plaintiff-Appellant, v. POTOMAC INSURANCE COMPANY, Defendant-Appellee.

Supreme Court of New Mexico.

December 30, 1980.

Attorney(s) appearing for the Case

Duhigg & Cronin, Paul S. Cronin, Albuquerque, for plaintiff-appellant.

Shaffer, Butt, Thornton & Baehr, William C. Madison, Albuquerque, for defendant-appellee.

OPINION

FELTER, Justice.

Plaintiff, Theresa Delph, and her husband, Charles Delph, owned a residence as community property. Defendant, Potomac Insurance Company, had issued them a fire and extended coverage insurance policy covering the residence. Plaintiff and her husband were married at the time the policy was issued and both were named on the policy.

Theresa Delph separated from her husband, moved out of the residence, and sued for a dissolution...

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