Ohio Cas. Ins. Co. v. Lamy Columbus Club
Citation | 1969 NMSC 153,80 N.M. 740,461 P.2d 155 |
Decision Date | 10 November 1969 |
Docket Number | No. 8828,8828 |
Parties | OHIO CASUALTY INSURANCE COMPANY, a corporation, Plaintiff-Appellee, v. LAMY COLUMBUS CLUB, a corporation, and Patricia Mengrone, Defendants-Appellants. |
Court | Supreme Court of New Mexico |
The appellant, Patricia Mengrone, brought an action against the appellant, Lamy Columbus Club, for damages for injuries sustained by her when a chair furnished her by the Club for the playing of bingo collapsed. The accident occurred in February, 1966, and the Club, disclaiming any knowledge of the accident and injury, did not give written notice to appellee of the accident and injury until some time in November, 1967, after it had been sued by Patricia Mengrone. Thereupon, appellee instituted this action for a declaratory judgment under the terms of a liability insurance policy therefore issued by it to the Club. Issue was joined; the Club sought additional relief by counterclaim and cross-claim against appellee.
Upon consideration of the pleadings, affidavits and various depositions, the trial court sustained the appellee's motion for summary judgment, and this appeal followed. The court did not state specifically the basis of its judgment but we think it is clear that summary judgment was based on the failure of Lamy Columbus Club to give timely written notice of the accident and injury sustained by the appellant Mengrone. The policy requires that:
Viewing the same record as did the trial court, we conclude that there still exist material issues of fact whether the Club had knowledge of the accident, and, if so, whether the injury sustained by the appellant Mengrone was of such a nature that delay by the Club in giving written notice of the accident to the insurer was excused. These issues cannot be determined as a matter of law. Compare Simon v. Wilson, 78 N.M. 491, 432 P.2d 847; Watson v. Western...
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Las Cruces Country Club, Inc. v. City of Las Cruces
...is the slightest doubt as to the existence of material factual issues, summary judgment should be denied. Ohio Casualty Insurance Co. v. Lamy Columbus Club, 80 N.M. 740, 461 P.2d 155; Institute For Essential Housing, Inc. v. Keith, 76 N.M. 492, 416 P.2d 157; Sooner Pipe & Supply Corp. v. Do......