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PINA v. GRUY PETROLEUM MGMT. CO.

Nos. 25,219, 24,960.

136 P.3d 1029 (2006)

139 N.M. 619

2006-NMCA-063

Nora PIÑA Individually and as Temporary Administratrix of the Estate of Daniel H. Piña, Deceased, and as Next Friend of Santiago Piña, Daniel A. Piña, and Daniel Ray Piña, Plaintiffs, and Banta Oilfield Services, Inc., Plaintiff in Intervention-Appellee, Bituminous Insurance Companies, Plaintiff in Intervention-Appellee, v. GRUY PETROLEUM MANAGEMENT COMPANY, Defendant-Appellant, National Union Fire Insurance Company of Pittsburgh, PA, Intervenor-Appellant.

Court of Appeals of New Mexico.

April 12, 2006.

Attorney(s) appearing for the Case

Beall & Biehler, Larry D. Beall, José R. Blanton, Albuquerque, NM, for Appellee Banta Oilfield Services.

Keleher & McLeod, PA, Robert C. Conklin, Thomas C. Bird, Benjamin F. Feuchter, Albuquerque, NM, for Appellee Bituminous Insurance Companies.

Rodey, Dickason, Sloan, Akin & Robb, PA, Edward Ricco, Albuquerque, NM, Strasburger & Price, LLP, Jack M. Murchison, Houston, TX, Andrews Kurth, LLP, Stuart C. Hollimon, Dallas, TX, for Appellants Gruy Petroleum Management Co. and National Union Fire Ins. Co. of Pittsburgh, PA.

OPINION

ALARID, Judge.

{1} This case turns upon the interpretation of NMSA 1978, § 56-7-2 (1999), commonly known as the Oilfield Anti-Indemnity Statute. We hold that Section 56-7-2, as amended in 1999, is an expression of a "fundamental principle of justice," which is to insure the safety of persons and property at well sites within New Mexico, and that a choice of law provision applying Texas law, by which an indemnitee may be indemnified against its...

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