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UNITED NUCLEAR CORP. v. ALLENDALE MUT. INS.

Nos. 15094, 15104.

709 P.2d 649 (1985)

103 N.M. 480

UNITED NUCLEAR CORPORATION, a Delaware Corporation, Plaintiff-Appellee, v. ALLENDALE MUTUAL INSURANCE Company, A Rhode Island Corporation, Defendant-Appellant.

Supreme Court of New Mexico.

October 15, 1985.

Attorney(s) appearing for the Case

Seth D. Montgomery, Montgomery & Andrews, P.A., Santa Fe, and Robins, Zelle, Larson & Kaplan, Harding A. Orren, Minneapolis, Minn., for defendant-appellant Allendale Mut. Ins. Co.

G. Stanley Crout, Stephenson, Carpenter, Crout & Olmsted, Santa Fe, Peter J. Nickles, Covington & Burling, Washington, D.C., and Russell Moore, Robert H. Clark, Keleher & McLeod, Albuquerque, for plaintiff-appellee United Nuclear Corp.

John J. Kircher, Milwaukee, Wis., and White, Koch, Kelly & McCarthy, P.A., Santa Fe, for amicus curiae Federation of Ins. Counsel.

Mitchell, Alley & Rubin, Santa Fe, and LeBoeuf, Lamb, Leiby & MacRae, Washington, D.C., for amicus curiae Com'r of Ins. of State of Iowa, Director of Business Regulation, and Ins. Com'r of State of Rhode Island, et al.

OPINION

RIORDAN, Justice.

Plaintiff United Nuclear Corporation (UNC) brought suit under two different policies of insurance against defendants Allendale Mutual Insurance Company (Allendale) and its subsidiary, Appalachian Insurance Company (Appalachian). Each insurer provided different coverage to UNC. UNC sought reimbursement for business interruption and property damage losses that occurred when a tailings embankment failed at UNC's Churchrock uranimum...

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