No. 5009.

632 P.2d 1210 (1981)

96 N.M. 572

MID-CENTURY INSURANCE COMPANY, Plaintiff-Appellee, v. Andrew VAROS; State Farm Insurance Company, Defendants, and Robert Dunn, as Personal Representative of the Estate of Elizabeth M. Dunn; and Robert Dunn, as Personal Representative of the Estate of Sylvia M. Likes, Defendant-Appellant.

Court of Appeals of New Mexico.

August 18, 1981.

Attorney(s) appearing for the Case

Richard E. Ransom, P.A., Terry M. Word, Smith, Ransom & Gilstrap, Albuquerque, for defendant-appellant.

Norman F. Weiss, Civerolo, Hansen & Wolf, P.A., Albuquerque, for plaintiff-appellee.


SUTIN, Judge.

On February 9, 1978, Mid-Century Insurance Company issued a policy of automobile insurance to Scott B. Poland. In addition to Poland as the named insured, the policy covered "any other person while using such automobile ... provided the actual use of such automobile is by the named insured or with his permission." [Emphasis added.]

On May 13, 1978, Andrew Varos took possession of Poland's automobile and while driving it...

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