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BAKER v. ARMSTRONG

No. 17063.

744 P.2d 170 (1987)

Daniel Baker and Dorothy Baker, Plaintiffs, v. A.J. ARMSTRONG, Defendant-Third Party Plaintiff-Appellant, v. GENERAL ACCIDENT INSURANCE COMPANY, Third-party Defendant-Appellee.

Supreme Court of New Mexico.

As Amended on Denial of Rehearing October 28, 1987.

Attorney(s) appearing for the Case

Shamas & Perrin, K. Douglas Perrin, Paul Snead, Roswell, for defendant-third party plaintiff-appellant.

Dines & McCary, Jim Dines, Melissa Fassett, Albuquerque, for third-party defendant-appellee GAIC.

Charles C. Currier, Roswell, for plaintiffs.

Civerolo, Hansen & Wolf, Cynthia A. Fry, Albuquerque, amicus curiae NM Defense Lawyers Ass'n.

William H. Carpenter, Albuquerque, amicus curiae NM Trial Lawyers Ass'n.

OPINION

RANSOM, Justice.

A.J. Armstrong, who had been sued by the Bakers for damages arising from an automobile accident, brought a third-party action against his insurer seeking a declaratory judgment that the Bakers' punitive damages claim was covered by his insurance policy. Armstrong appeals the summary judgment granted in favor of his insurer, General Accident Insurance Company.

At issue is whether General Accident contracted to pay punitive...

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