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BRANCHAL v. SAFECO INS. CO. OF AMERICA

No. 16865.

738 P.2d 1315 (1987)

106 N.M. 70

Johnny BRANCHAL, Plaintiff-Appellee, v. SAFECO INSURANCE COMPANY OF AMERICA, an insurance corporation, Defendant-Appellant.

Supreme Court of New Mexico.

June 1, 1987.

Attorney(s) appearing for the Case

Gallagher & Casados, J.E. Casados, Albuquerque, for defendant-appellant.

Daniel J. O'Friel, Winston Roberts-Hohl, Santa Fe, for plaintiff-appellee.

OPINION

WALTERS, Justice.

The sole issue in this appeal is whether an injured passenger looks to uninsured motorist coverage from the insurer of the vehicle in which he was riding at the time of the injury, or to his own insurer for uninsured coverage, as the primary insurer. The trial court ruled that the passenger's own insurer was the primary insurer. We reverse.

Plaintiff and the trial court seemed to rely on Sloan v. Dairyland Insurance Co...

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