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PROGRESSIVE NORTHWESTERN v. MARTINEZ

No. 18287.

956 P.2d 845 (1998)

125 N.M. 46

1998-NMCA-045

PROGRESSIVE NORTHWESTERN INSURANCE COMPANY, Plaintiff-in-Intervention-Appellee, v. Esther MARTINEZ and Juanita Martinez, Defendants-in-Intervention-Appellants.

Court of Appeals of New Mexico.

February 11, 1998.

Attorney(s) appearing for the Case

J.E. Casados, Robert L. Hlady, Gallagher, Casados & Mann, P.C., Albuquerque, for Appellee.

Tim Chelpaty, Alamogordo, Nancy Cronin, Paul S. Cronin, Duhigg, Cronin, Spring & Berlin, P.A., Albuquerque, for Appellants.

OPINION

APODACA, Judge.

1. Defendants-in-Intervention (Defendants), as parties injured in a motor vehicle accident, appeal the trial court's grant of summary judgment in favor of Plaintiff-in-Intervention (Insurer). Defendants challenge the summary judgment on three grounds: (1) the trial court failed to apply the primary business test; (2) the tortfeasor (Insured) operated as a carrier "for hire," requiring a policy with increased insurance coverage...

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