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ELLINGWOOD v. N.N. INVESTORS LIFE INS.

No. 18584.

805 P.2d 70 (1991)

111 N.M. 301

Patricia ELLINGWOOD, Individually and as the Personal Representative of the Estate of James M. Streeter, deceased, Plaintiff-Appellant, v. N.N. INVESTORS LIFE INSURANCE COMPANY, INC., a foreign corporation authorized to do business in New Mexico, and Theodore H. Brothers, Individually and as Agent for N.N. Investors Life Insurance Company, Inc., Defendants-Appellees.

Supreme Court of New Mexico.

January 15, 1991.

Attorney(s) appearing for the Case

The Branch Law Firm, Turner W. Branch, Floyd W. Lopez, Albuquerque, for plaintiff-appellant.

Rowley & Parker, Warren F. Frost, Clovis, for defendants-appellees.

OPINION

RANSOM, Justice.

This case involves the authority of an insurance agent to bind an insurance company to a contract for temporary insurance on the basis of oral representations concerning immediate coverage upon payment of a premium. Patricia Ellingwood, as personal representative of the estate of James Streeter, brought suit against N.N. Investors Life Insurance Company, Inc. for breach of contract and against the company and its agent for negligence...

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