(DOWNLOAD) "Maurer v. Thorpe" by New Mexico Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: Maurer v. Thorpe
- Author : New Mexico Supreme Court
- Release Date : January 05, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
In reviewing the New Mexico law pertaining to insurance companies we find that the insurer is afforded different treatment depending upon whether the party insured is a plaintiff or defendant. As an insurer of plaintiff, the insurance company pays policy proceeds and thus becomes a subrogee of any claim pressed by the insured against the party causing the injury. Thus the insurance company is deemed to be an indispensable party to the action and is required by law to be named a party-plaintiff. Sellman v. Haddock, 62 N.M. 391, 310 P.2d 1045 (1957). As plaintiffs insurer, insurance companies are supportive of what has come to be known as the "Sellman rule" as it allows an insurance company to participate fully in the litigation thereby protecting its own interest, namely, recovering from the defendant an amount equal to what has been paid on the insureds claim.