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EXUM v. FERGUSON

No. 13315.

637 P.2d 553 (1981)

97 N.M. 122

Roy EXUM, d/b/a Roy Exum Trucking, Plaintiff-Appellant, and Cross-Appellee, v. Robert E. FERGUSON, d/b/a Bob Ferguson Agency, Defendant-Third-Party Plaintiff-Appellee and Cross-Appellant, v. RICHTER-ROBB, Third-Party Defendant-Appellee and Cross-Appellee.

Supreme Court of New Mexico.

November 30, 1981.

Attorney(s) appearing for the Case

Hinkle, Cox, Eaton, Coffield & Hensley, J. Douglas Foster, Roswell, for plaintiff-appellant, and cross-appellee.

Neal & Neal, William G.W. Shoobridge, Hobbs, for defendant-third-party plaintiff-appellee and cross-appellant.

Robinson, Stevens & Wainwright, Paul Wainwright, Albuquerque, for third-party defendant-appellee and cross-appellee.

OPINION

RIORDAN, Justice.

In 1974, plaintiff Roy Exum d/b/a Roy Exum Trucking (Exum) obtained commercial truck insurance through the defendant Ferguson Insurance Agency (Ferguson). Ferguson obtained a policy for Exum with the Occidental Fire and Casualty Company (Occidental) through their general agent Richter-Robb and Company (Richter-Robb). Occidental, in August of 1976, notified Richter-Robb that Exum's coverage was going to be cancelled. Richter-Robb...

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