VIDAL v. AMERICAN GENERAL COMPANIES

No. 18143.

785 P.2d 231 (1990)

109 N.M. 320

Carl I. VIDAL, Plaintiff-Appellant, v. AMERICAN GENERAL COMPANIES and American General Fire and Casualty Company, Defendants-Appellees.

Supreme Court of New Mexico.

January 11, 1990.


Attorney(s) appearing for the Case

William G. Gilstrap, Albuquerque, for appellant.

Gallagher, Casados & Mann, P.C., J.E. Casados, M. Clea Gutterson, Albuquerque, for appellees.


OPINION

BACA, Justice.

Vidal, plaintiff below, appeals the district court's grant of American General Fire & Casualty Company's (American General) motion for summary judgment. The trial court granted the defendants' motion, determining that because plaintiff had violated a clause in its insurance policy with American General by settling with a third-party tort-feasor without the insurer's consent, the company was not obligated to pay Vidal's underinsured...

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