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FOUNDATION RESERVE INS. CO. v. ESQUIBEL

No. 12093.

607 P.2d 1150 (1980)

94 N.M. 132

FOUNDATION RESERVE INSURANCE COMPANY, Plaintiff-Appellant, v. Juan A. ESQUIBEL, Edward Montoya, and Cora E. Montoya, and Edward Montoya, as father and next friend of Rodney Montoya, a minor, Defendants-Appellees.

Supreme Court of New Mexico.

February 25, 1980.

Attorney(s) appearing for the Case

Frank Bachicha, Jr., Santa Fe, for plaintiff-appellant.

Peggy J. Nelson, Taos, for Esquibel.

Jones, Gallegos, Snead & Wertheim, Arthur L. Jaramillo, Santa Fe, for Montoya.

OPINION

EASLEY, Justice.

Foundation Reserve Insurance Company (Foundation) sued for a declaratory judgment and return of money paid under an automobile insurance policy issued to Esquibel. The trial court held that Foundation was liable under the policy, but ordered Esquibel to return a portion of the money he received. We affirm.

This is a matter of first impression in New Mexico regarding the standard for voiding an insurance policy based on a...

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