Legal Opinion
Horger v. Mutual of Omaha Insurance Company
New Mexico Supreme Court
Decided March 31, 1972No. 9366PublishedCited by 3 opinions
1Opinion of the Court
OPINION
McMANUS, Justice.
On July 9, 1969, Carlton H. Horger, plaintiff-appellee, entered into a contract of sickness and accident insurance with Mutual of Omaha Insurance Company, defendant-appellant. On July 11, 1969, plaintiff suffered accidental bodily injury and timely filed a notice of claim and proof of loss but defendant refused to pay the named benefits. Plaintiff then brought suit in the District Court of Otero County, on June 1, 1970 against defendant who answered, setting up two affirmative defenses and a counterclaim.
The first affirmative defense alleged fraud on the part of the…
2Cases cited7 opinions
- Modisette v. Foundation Reserve Insurance Co.New Mexico Supreme Court · 1967
- Tsosie v. Foundation Reserve Insurance CompanyNew Mexico Supreme Court · 1967
- Floeck v. HooverNew Mexico Supreme Court · 1948
- Bennett v. FinleyNew Mexico Supreme Court · 1950
- Ham v. HartNew Mexico Supreme Court · 1954
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hill Ex Rel. Hill v. BurnworthNew Mexico Court of Appeals · 1973
- Thompson v. Occidental Life Ins. Co. of Cal.New Mexico Court of Appeals · 1977
- Thompson v. Occidental Life Ins. Co. of Cal.New Mexico Court of Appeals · 1977