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ALLSTATE INS. CO. v. JENSEN

No. 18374.

788 P.2d 340 (1990)

109 N.M. 584

ALLSTATE INSURANCE COMPANY, Plaintiff-Appellee, v. Daniel Lee JENSEN and Gary Wayne Caldwell, Defendants, v. James L. BOUTELLE, Defendant-Appellant.

Supreme Court of New Mexico.

January 23, 1990.

Attorney(s) appearing for the Case

W.T. Martin, Jr., Carlsbad, for defendant-appellant.

Bradley & McCulloch, Gordon McCulloch, Albuquerque, for plaintiff-appellee.

OPINION

RANSOM, Justice.

James Boutelle has a personal injury claim against David Jensen. Allstate Insurance Company brought this declaratory judgment action to determine its obligation to defend Jensen under the omnibus or permissive driver clause of an automobile insurance policy issued to Gary Caldwell. Boutelle appeals from a summary judgment in which the district court ruled that Allstate had no duty to defend Jensen. We affirm, but for reasons other...

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