Transamerica Insurance v. Sydow
New Mexico Court of Appeals
1Opinion of the Court
OPINION
WALTERS, Judge.
The trial court granted plaintiff’s motion to dismiss Transamerica’s “Complaint for Reimbursement” for failure to state a claim. Transamerica appeals; we reverse.
Transamerica, in a singularly terse complaint, asserted its right to reimbursement for workmen’s compensation benefits paid to appellee Sydow. It claimed that after settling with Transamerica, Sydow had filed and settled a separate malpractice claim against the doctor who treated him for the work-related injury.
Attached to the complaint as an exhibit was a letter from Sydow’s counsel to appellant acknowledging…
Also in this document: Concurrence.
2Cases cited8 opinions
- C & H Construction & Paving Co. v. Citizens BankNew Mexico Court of Appeals · 1979
- Las Luminarias of the New Mexico Council of the Blind v. IsengardNew Mexico Court of Appeals · 1978
- Security Insurance Co. of Hartford v. ChapmanNew Mexico Supreme Court · 1975
- Security Trust v. SmithNew Mexico Supreme Court · 1979
- Carroll v. BuntNew Mexico Supreme Court · 1946
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3Cited by24 opinions
- Abalos v. Bernalillo County District Attorney's OfficeNew Mexico Court of Appeals · 1987
- Trujillo v. BerryNew Mexico Court of Appeals · 1987
- Rivera v. KingNew Mexico Court of Appeals · 1988
- Martinez v. Kaune Corp.New Mexico Court of Appeals · 1987
- AIK Selective Self Insurance Fund v. BushKentucky Supreme Court · 2002
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