American General Fire & Casualty Co. v. Progressive Casualty Co.
New Mexico Supreme Court
1Opinion of the Court
OPINION
BACA, Justice.
American General Fire and Casualty Company (American General) brought suit against Progressive Casualty Company (Progressive) alleging breach of contract, violation of statute, and bad faith. At the conclusion of American General’s case in chief, the district court granted Progressive’s motion to dismiss, finding that Progressive had no duty to defend the insured. We reverse the judgment of the district court and remand for disposition in accordance with this opinion.
James Wade suffered from multiple sclerosis that confined him to a wheelchair. Both parties to this suit…
Also in this document: Concurrence.
2Cases cited20 opinions
- Continental Casualty Co. v. Zurich InsuranceCalifornia Supreme Court · 1961
- Chavez v. ChenowethNew Mexico Court of Appeals · 1976
- Lujan v. GonzalesNew Mexico Court of Appeals · 1972
- Aetna Casualty & Surety Co. v. Coronet InsuranceAppellate Court of Illinois · 1976
- State Farm Mutual Automobile Insurance v. Foundation Reserve InsuranceNew Mexico Supreme Court · 1967
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3Cited by55 opinions
- Servants of the Paraclete, Inc. v. Great American InsuranceDistrict Court, D. New Mexico · 1994
- G & G SERVICES, INC. v. Agora Syndicate, Inc.New Mexico Court of Appeals · 1999
- Grinnell Mutual Reinsurance Co. v. Center Mutual Insurance Co.North Dakota Supreme Court · 2003
- Apartment Investment & Management Co. v. Nutmeg InsuranceCourt of Appeals for the Tenth Circuit · 2010
- Hermitage Insurance Co. v. SaltsIndiana Court of Appeals · 1998
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