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RODEO, INC. v. COLUMBIA CASUALTY CO.

Nos. 25,648, 25,652.

150 P.3d 982 (2006)

2007-NMCA-013

RODEO, INC., d/b/a "Cowboys", A New Mexico Corporation, Ron Cowdrey, Phyllis Cowdrey, Gene Ellis Hinkle, Hinkle Properties, LLC, Montgomery-Eubank Co., Ltd., a New Mexico General Partnership, and Rita Trujillo, Third Party Plaintiffs/Appellees/Cross Appellants v. COLUMBIA CASUALTY COMPANY, Third-Party Defendant/Appellant/Cross Appellee.

Court of Appeals of New Mexico.

Certiorari Denied January 19, 2007.

Attorney(s) appearing for the Case

L. Helen Bennett, Steven Vogel, Bryan Query, Albuquerque, NM, for Third Party Plaintiffs/Appellees/Cross Appellants.

Yenson, Lynn, Allen & Wosick, P.C., Patrick D. Allen, April D. White, Albuquerque, NM, for Third-Party Defendant/Appellant/Cross Appellee.

Certiorari Denied, No. 30,113, January 19, 2007.

OPINION

BUSTAMANTE, Chief Judge.

{1} This interlocutory appeal involves an issue of first impression: whether an insurer is required to return unearned premiums before cancellation of an insurance policy financed by a premium finance company can be effective. We decide that NMSA 1978, § 59A-45-11 (1984) requires the return of unearned premiums. We therefore affirm the district court's judgment...

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