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FARMERS INS. GROUP OF COMP. v. MARTINEZ

No. 10308.

752 P.2d 797 (1988)

107 N.M. 82

FARMERS INSURANCE GROUP OF COMPANIES, Plaintiff-Appellant, v. Raymond MARTINEZ, Defendant-Appellee.

Court of Appeals of New Mexico.

March 1, 1988.

Attorney(s) appearing for the Case

Ruth J. Thomas, Winchester & Thomas, Ltd., Las Cruces, for plaintiff-appellant.

Lawrence M. Pickett, Pickett & Holmes, Las Cruces, for defendant-appellee.

OPINION

APODACA, Judge.

Plaintiff Farmers Insurance Group of Companies (insurer) appeals the trial court's order dismissing insurer's complaint against defendant Raymond Martinez (tortfeasor). The dismissal was based on res judicata principles. We reverse the order of dismissal and remand for an evidentiary hearing.

The chronology giving rise to this appeal is as follows: Katherine Barreras (insured) filed suit against tortfeasor for damages arising...

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