Legal Opinion
Garcia v. Underwriters at Lloyd's London
New Mexico Court of Appeals
Decided January 26, 2007No. 25,985PublishedCited by 2 opinions
1Opinion of the Court
OPINION
VIGIL, Judge.
{1} This appeal raises novel questions concerning liquor liability insurance coverage for a wrongful death claim filed against the estate of a decedent that is allowed in the probate proceeding, what constitutes a sufficient demand for a defense under the insurance policy, and the consequence to the insurance company if a defense to the claim is not provided in the probate proceeding. We conclude: (1) a wrongful death claim may properly be filed against the estate of a decedent in formal probate proceedings before the district court sitting in probate, (2) the liquor…
2Cases cited25 opinions
- Johnnie Leonard, Sr. v. Dixie Well Service & Supply, Inc.Court of Appeals for the Fifth Circuit · 1987
- Johnson Controls, Inc. v. Employers Insurance of WausauWisconsin Supreme Court · 2003
- Jones v. Florida Ins. Guar. Ass'n, Inc.Supreme Court of Florida · 2005
- Cincinnati Companies v. West American InsuranceIllinois Supreme Court · 1998
- Maxey v. QuintanaNew Mexico Court of Appeals · 1972
20 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Garcia v. Underwriters at Lloyd's, LondonNew Mexico Supreme Court · 2008
- Garcia v. Underwriters at Lloyd's LondonNew Mexico Court of Appeals · 2007