Zengerle v. Commonwealth Insurance Co. of New York

LUJAN, Justice.

This is an appeal from a summary judgment entered in favor of plaintiffs and defendants appeal.

The record discloses that on December 1, 1951, at about 9:30 p. m. a general merchandising store, located in San Antonio, Socorro County, New Mexico, and owned by the plaintiffs and appellees, was totally destroyed by fire; that at that time appellees carried two policies of fire insurance covering this building and the contents therein, one with the appellant, the Commonwealth Insurance Company of New York, and one with Hardware Mutual Fire Insurance Company. The liability of the…