Legal Opinion

Pulte Homes of New Mexico, Inc. v. Indiana Lumbermens Insurance Co.

New Mexico Court of Appeals

Decided December 17, 2015No. Docket 33,283PublishedCited by 1 opinion

1Opinion of the Court

OPINION

GARCIA, Judge.

{1} Third-party plaintiffs Pulte Homes of New Mexico, Inc. and Pulte Homes, Inc. (collectively, Pulte), appeal the district court’s grant of summary judgment in favor of third-party defendant Indiana Lumbermens Insurance Company (ILM) on the issue whether ILM had a duty to defend Pulte against claims brought by homeowners alleging construction defects in Pulte-built homes. We conclude that (1) claims of defective or defectively installed windows and doors in Pulte’s two defense tenders to ILM constituted claims for “property damage” caused by an “occurrence” under the…

2Cases cited20 opinions

  1. Matter of Adoption of DoeNew Mexico Supreme Court · 1984
  2. Travelers Indemnity Co. of America v. Moore & Associates, Inc.Tennessee Supreme Court · 2007
  3. City of Albuquerque v. BPLW Architects & Engineers, Inc.New Mexico Court of Appeals · 2009
  4. Lee Builders, Inc. v. Farm Bureau Mutual InsuranceSupreme Court of Kansas · 2006
  5. American General Fire & Casualty Co. v. Progressive Casualty Co.New Mexico Supreme Court · 1990

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3Cited by1 opinion

  1. Kane v. Syndicate 2623-623 Lloyd's of LondonNew Mexico Court of Appeals · 2025

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