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CONTINENTAL INS. CO. v. FAHEY

No. 17008.

747 P.2d 249 (1987)

CONTINENTAL INSURANCE COMPANY, Plaintiff, v. Michael FAHEY, Defendant.

Supreme Court of New Mexico.

December 21, 1987.

Attorney(s) appearing for the Case

Farlow, Simone, Roberts & Weiss, Randall W. Roberts, Norman F. Weiss, Albuquerque, for plaintiff.

Roberts & Jolley, Val Jolley, Farmington, Franklin, Abernethy & Hughes, Perry C. Abernethy, Timothy Covell, Albuquerque, for defendant.

OPINION

WALTERS, Justice.

We have accepted certification from the United States District Court of the following question:

Whether an insurance company which provides both worker's compensation insurance and uninsured motorist coverage for a particular automobile accident is entitled, under a written provision of the uninsured motorist policy, to offset the amount recovered by the injured party under the worker's compensation policy against any amount...

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