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LIBERTY MUT. INS. CO. v. WARREN

No. 15383.

891 P.2d 570 (1995)

119 N.M. 429

LIBERTY MUTUAL INSURANCE COMPANY, as subrogee of James Stagner and Daniel Stagner and James Stagner, individually, Plaintiffs-Appellants, v. Jesse R. WARREN and Richard Warren, Defendants-Appellees.

Court of Appeals of New Mexico.

January 31, 1995.

Attorney(s) appearing for the Case

Marc A. Bernstein, Caruso Law Offices, P.C., Albuquerque, for plaintiffs-appellants.

Thomas F. Hooker, Jr., Thomas F. Hooker, Jr. & Associates, Albuquerque, for defendants-appellees.

OPINION

HARTZ, Judge.

Liberty Mutual Insurance Company and James Stagner (Plaintiffs) appeal from a judgment dismissing their claims on the ground that their complaint was not timely filed. Liberty Mutual argues that the applicable limitation period for its claim is the six-year period for contract claims, NMSA 1978, § 37-1-3 (Repl.Pamp.1990), rather than the three-year period for personal injury claims...

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