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BERLANGIERI v. RUNNING ELK CORP.

No. 21,698.

44 P.3d 538 (2002)

132 N.M. 92

2002-NMCA-046

Nicholas J. BERLANGIERI and Carol C. Berlangieri, Plaintiffs, and Western World Insurance Company, Intervenor-Appellee, v. RUNNING ELK CORPORATION; Second Running Elk Corporation, d/b/a the Lodge at Chama, Defendants-Appellants.

Court of Appeals of New Mexico.

March 5, 2002.

Attorney(s) appearing for the Case

P. Scott Eaton, Eaton Law Office, Albuquerque, NM, for Appellee.

Wayne E. Bingham, Crider, Bingham & Hurst, P.C., Albuquerque, NM, for Appellants.

OPINION

SUTIN, Judge.

{1} Running Elk Corporation's insurance policy issued by Western World Insurance Company contained an express written exclusion of coverage for liability claims arising from guest horseback riding injuries. The trial court granted summary judgment of no coverage. Running Elk appeals. We address whether summary judgment was appropriate in the face of Running Elk's contention that the dynamics of the insurance transaction raised a genuine...

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