Nationwide Mutual Insurance Co. v. Mayer

Opinion by

Judge MARQUEZ.

In this declaratory judgment action, plaintiff, Nationwide Mutual Insurance Company, a foreign corporation, appeals from the judgment dismissing its complaint against defendant, Raylene Mayer. We re*61verse the judgment and remand the case for further proceedings.

It is undisputed that Mayer was injured in an accident while riding as a passenger on a motorcycle in Albuquerque, New Mexico, on September 9, 1989. At the time of the accident, Mayer was a student at the University of New Mexico in Albuquerque.

In a separate action brought in New Mexico, Mayer obtained a default…