Legal Opinion
State Farm Mutual Automobile Insurance v. Foundation Reserve Insurance
New Mexico Supreme Court
Decided September 11, 1967No. 8292PublishedCited by 63 opinions
1Opinion of the Court
OPINION
WOOD, Judge, Court of Appeals.
Plaintiff, claiming as a subrogee, sought reimbursement from defendant for payments plaintiff made under its policy after defendant denied coverage under defendant’s insurance policy. The issues are: (1) Was plaintiff’s insured also an insured under defendant’s policy? (2) Were conditions of defendant’s policy pertaining to notice of accident and notice of suit met? (3) Was defendant’s policy primary insurance? (4) Did plaintiff have a right of subrogation? (5) Was an indispensable party absent? (6) Was the suit brought by the real party in interest?
Lester…
2Cases cited24 opinions
- United States v. Aetna Casualty & Surety Co.Supreme Court of the United States · 1950
- Simmon v. Iowa Mutual Casualty Co.Illinois Supreme Court · 1954
- American Surety Company of New York, and Cross-Appellee v. Canal Insurance Company, and Cross-AppellantCourt of Appeals for the Fourth Circuit · 1958
- Morris v. CartwrightNew Mexico Supreme Court · 1953
- Sellman v. HaddockNew Mexico Supreme Court · 1957
19 more not listed; retrieve them via the Exa API.
3Cited by63 opinions
- Lujan v. GonzalesNew Mexico Court of Appeals · 1972
- American General Fire & Casualty Co. v. Progressive Casualty Co.New Mexico Supreme Court · 1990
- State Farm Fire & Casualty Co. v. Price Ex Rel. MoyaNew Mexico Court of Appeals · 1984
- American Employers' Insurance v. Continental Casualty Co.New Mexico Supreme Court · 1973
- Carriers Insurance Co. v. American Policyholders' InsuranceSupreme Judicial Court of Maine · 1979
58 more not listed; retrieve them via the Exa API.