HARTFORD INS. CO. v. ESTATE OF TOLLARDO

Nos. CIV 04-0997 JBDJS, CIV 04-1120 JBDJS.

409 F.Supp.2d 1301 (2005)

HARTFORD INSURANCE COMPANY OF THE MIDWEST, Plaintiff, v. ESTATE OF Eric TOLLARDO, Samuel L. Valdez, Rose Valdez, and Phoenix Indemnity Insurance Company, Defendants. Dairyland Insurance Company, Plaintiff, v. Red Eagle and/or Stephanie Rael, Individually and as Personal Representative of the Estate of Alfredo Little Eagle Rael, Deceased, John Doe, Personal Representative of the Estate of Alfredo Little Eagle Rael, Deceased, and Jason Perea, Defendants.

United States District Court, D. New Mexico.

November 15, 2005.


Attorney(s) appearing for the Case

Rudolph A. Lucero, Miller Stratvert, P.A., Albuquerque, New Mexico, for Plaintiff/Defendant/Cross-defendant/Cross-claimant Dairyland Insurance Company.

Larry D. Beall, Kelley J Friedman, Beall & Biehler, Albuquerque, New Mexico, for Plaintiff/Counter-defendant Hartford Insurance Company of the Midwest.

Chris Lucero Jr., Albuquerque, New Mexico, for Defendant Red Eagle Rael.

Bruce S. McDonald, Law Offices of Bruce S. McDonald, Albuquerque, New Mexico and Kevin A. Zangara, Taos, New Mexico, for Defendant/Counter-claimant/Cross-claimant/Cross-defendant Estate of Eric Tollardo, Defendant/Counterclaimant/Cross-claimant/Cross-defendant Samuel L. Valdez, Defendant/Counterclaimant/Cross-claimant/Cross-defendant Rose Valdez.


MEMORANDUM OPINION AND ORDER

BROWNING, District Judge.

THIS MATTER comes before the Court on: (i) Plaintiff Dairyland Insurance Company's Motion for Summary Judgment, filed April 26, 2005 (Doc. 25); and (ii) Defendant Rael's Motion for Summary Judgment, filed September 19, 2005 (Doc. 50). The primary issue is whether the parties have demonstrated that there are no genuine issues of material fact whether Jason Perea used his automobile...

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