OHIO CASUALTY INS. CO. v. AMERICAN INSURANCE CO.

No. 7768.

408 P.2d 500 (1965)

75 N.M. 576

OHIO CASUALTY INSURANCE COMPANY, Plaintiff-Appellant, v. AMERICAN INSURANCE COMPANY, Defendant-Appellee.

Supreme Court of New Mexico.

December 6, 1965.


Attorney(s) appearing for the Case

Neal & Neal, Hobbs, for appellant.

Girand, Cowan & Reese, Hobbs, for appellee.


MOISE, Justice.

This is an appeal from a declaratory judgment in a proceeding wherein plaintiff-appellant, hereinafter called "Ohio" sought to have defendant-appellee, hereinafter called "American" held responsible for a pro rata share of a damage settlement negotiated by Ohio in an automobile accident case.

There is no substantial dispute concerning the facts. Ohio had insured one Paul Prather against public liability resulting from automobile accidents and...

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