MARCH v. MOUNTAIN STATES MUT. CAS. CO.

No. 15222.

687 P.2d 1040 (1984)

101 N.M. 689

Anthony Gene MARCH, Plaintiff-Appellant, v. MOUNTAIN STATES MUTUAL CASUALTY COMPANY, Defendant-Appellee.

Supreme Court of New Mexico.

September 24, 1984.


Attorney(s) appearing for the Case

Bruce P. Moore, Moscow, Idaho, James I. Bartholomew, Albuquerque, for appellant.

Modrall, Sperling, Roehl, Harris & Sisk, P.A., Benjamin Silva, Jr., Albuquerque, for appellee.


OPINION

RIORDAN, Justice.

Plaintiff Anthony Gene March (March) brought a declaratory judgment action against defendant Mountain States Mutual Casualty Company (Mountain States) to determine the existence and extent of coverage of an underinsured motorist policy benefit with respect to a particular automobile accident. Mountain States raised several defenses in its answer, including claims that March had violated express policy provisions and had prejudiced...

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