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FOUNDATION RESERVE INS. CO. v. MULLENIX

No. 13778.

642 P.2d 604 (1982)

97 N.M. 618

FOUNDATION RESERVE INSURANCE COMPANY, INC., Plaintiff-Appellant, v. Floyd MULLENIX, James Mullenix and Faye Mullenix, d/b/a Tucumcari Wrecking Co., Aetna Casualty & Surety, a corporation, and Quaker Storage Company, a corporation, Defendants-Appellees.

Supreme Court of New Mexico.

March 17, 1982.

Attorney(s) appearing for the Case

Rodey, Dickason, Sloan, Akin & Robb, Jonathan W. Hewes, Albuquerque, for plaintiff-appellant.

Brockman & Cihak, Don W. Cihak, Tucumcari, Shaffer, Butt, Thornton & Baehr, Jimmie V. Reyna, Albuquerque, for defendants-appellees.

OPINION

FEDERICI, Justice.

This is an appeal from Bernalillo County District Court. Foundation Reserve Insurance Company, Inc. (appellant) sought a declaratory judgment to the effect that it had no duty to defend Mullenix (appellees) under the terms of an insurance policy issued by appellant to appellees. The trial court granted summary judgment in favor of appellees, concluding that appellant had a duty to defend...

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