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STATE EX REL. UDALL v. COLONIAL PENN

Nos. 19052, 19268.

812 P.2d 777 (1991)

112 N.M. 123

STATE of New Mexico, ex rel. Tom UDALL, Attorney General, Plaintiff-Appellant, v. COLONIAL PENN INSURANCE CO., Fireman's Fund Insurance Co., American Fund Insurance Co., Defendants-appellees. and STATE of New Mexico, ex rel. Tom UDALL, Attorney General, Plaintiff-Appellant and Cross-Appellee, v. DEAN WITTER REYNOLDS, INC., Defendant-Appellee and Cross-Appellant.

Supreme Court of New Mexico.

Rehearing Denied July 17, 1991.

Attorney(s) appearing for the Case

Tom Udall, Atty. Gen., G.T.S. Khalsa, Asst. Atty. Gen., Santa Fe, for appellant.

Eaves, Darling & Porter, John M. Eaves, Albuquerque, for appellee Dean Witter Reynolds.

Montgomery & Andrews, William C. Madison, Neils L. Thompson, Albuquerque, for appellee Fireman's Fund.

Beall, Pelton, O'Brien & Brown, Gregory L. Beihler, Albuquerque, Jennings, Kepner & Haug, Phoenix, for appellee Colonial Penn.

OPINION

BACA, Justice.

The state appeals from summary judgment granted in two lawsuits that have been consolidated on appeal. In appeal number 19,052 we affirm the summary judgment granted in favor of three insurers, defendants-appellees Colonial Penn Insurance Company (Colonial), Fireman's Fund Insurance Company, and American Insurance Company (the latter two responded together and are jointly referred to as "Fireman...

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