ROBERTS OIL CO. v. TRANSAMERICA INS. CO.

Nos. 19789, 19794.

833 P.2d 222 (1992)

113 N.M. 745

ROBERTS OIL COMPANY, INC. and Federated Service Insurance Company, Plaintiffs-Appellants, v. TRANSAMERICA INSURANCE COMPANY and CNA Insurance Company, Defendants-Appellees.

Supreme Court of New Mexico.

May 18, 1992.


Attorney(s) appearing for the Case

Hinkle, Cox, Eaton, Coffield & Hensley, Thomas M. Hnasko, Joe W. Wood, Gary W. Larson, Santa Fe, for plaintiffs-appellants.

Civerolo, Hansen & Wolf, Terry R. Guebert, Albuquerque, Steven M. Crane, Los Angeles, Cal., for defendant-appellee Transamerica Ins. Co.

Hatch, Beitler, Allen & Shepherd, Bob Thorson, Kimberly A. Franklin, Albuquerque, for defendant-appellee CNA Ins. Co.


OPINION

MONTGOMERY, Justice.

This case, at least as argued by the parties, presents a conflict between basic principles of insurance law and the necessity for prompt remedial action to correct an instance of environmental contamination. As we view the case, these competing objectives can be harmonized by applying settled New Mexico law and fundamental concepts underlying the nature of an insurance contract.

The insurers defend two partial summary...

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