Attorney General Opinions and Advisory Letters

Decision Information

Decision Content

Opinion No. 44-4578

September 21, 1944

BY: C. C. McCULLOH, Attorney General

TO: State Corporation Commission, Motor Transportation Department, Santa Fe, New Mexico. Attention: Mr. Diego R. Gonzalez, Chief Clerk

In your letter dated September 13, 1944 you state that one Casualty Company has filed with your office Public Liability and Property Damage policies covering motor carrier operations of three different concerns which are interlocking as to ownership.

Each of these policies apparently comply with the statutory requirements as to amount of liability of the insurance company. Each policy carries the same policy number and you are wondering whether the fact that one number appears on each of the three policies in any way affects the liability of the insurance company.

If the policies are sufficient otherwise, the fact that each carries the same policy number would not affect the contract of insurance, since the number is primarily for convenience of the insurance company in keeping its records and is not a material part of the contract, for that reason I am of the opinion that these policies if otherwise sufficient are acceptable and sufficient to comply with the provisions of Section 68-1344 of the 1941 Compilation.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.