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SECURITY MUT. CAS. CO. v. O'BRIEN

No. 14492.

662 P.2d 639 (1983)

SECURITY MUTUAL CASUALTY COMPANY, Plaintiff-Appellant, v. James F. O'BRIEN and O'Brien Enterprises, Inc., Pegasus Aerial Sports, Inc.; Judith A. McKinney as Personal Representative of the Estate of John L. McKinney, Deceased; Jack E. Johnson, Howard H. Irby and John L. McKinney, Deceased, d/b/a Aero Enterprises; Rodney Jones; Sky Scene, Inc., and Robert Ellsworth, Defendants-Appellees.

Supreme Court of New Mexico.

Rehearing Denied May 6, 1983.

Attorney(s) appearing for the Case

Civerolo, Hansen & Wolf, P.A., Carl J. Butkus, Albuquerque, Hugh C. Griffin, Lord, Bissell & Brook, Chicago, Ill., for plaintiff-appellant.

Robinson, Stevens & Wainwright, Paul S. Wainwright, Albuquerque, for defendants-appellees.

Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, for plaintiff-in-intervention-appellee, Proprietors Ins. Co.

OPINION

PAYNE, Chief Justice.

James F. O'Brien, owner of a private aircraft, obtained a declaratory judgment against Security Mutual Casualty Company, the insurer of his aircraft. The trial court held that the aviation insurance policies Security had issued O'Brien afforded coverage. Security appealed to the Court of Appeals, which affirmed the decision of the trial court. We granted certiorari and reverse the decisions...

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