HEALTH PLUS v. HARRELL

No. 17677.

958 P.2d 1239 (1998)

125 N.M. 189

1998-NMCA-064

HEALTH PLUS OF NEW MEXICO, INC., Plaintiff-Appellee/Cross-Appellant, v. James HARRELL, Defendant-Appellant, and City of Albuquerque, a municipal corporation, Defendant/Cross-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied May 5, 1998.


Attorney(s) appearing for the Case

Travis R. Collier, Deborah E. Mann, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, for Appellee/Cross-Appellant.

Charles G. Berry, Charles G. Berry & Associates, P.A., Albuquerque, for Appellant.

Edwin Macy, City of Albuquerque, Albuquerque, for Cross-Appellee.


OPINION

ALARID, Judge.

{1} Insured party (Harrell) appeals the trial court's determination that it has a contractual and legal duty to hold settlement funds for the insurer (Health Plus). Health Plus cross-appeals the trial court's determination that its claim of subrogation against the City of Albuquerque (the City) was barred by the two-year Tort Claims Act statute of limitations. NMSA 1978, § 41-4-15(A) (1977). Health Plus appealed against...

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