Legal Opinion
Battishill v. Farmers Alliance Insurance
New Mexico Court of Appeals
Decided August 23, 2004No. 24,196PublishedCited by 3 opinions
1Opinion of the Court
OPINION
SUTIN, Judge.
{1} Our task in this appeal is to interpret words in an insurance policy coverage exclusion. Plaintiff Cary Battishill sustained damage to his vacant rental house caused by arson and sued his insurer, Farmers Alliance Insurance Company, after Farmers denied coverage based on its reading of the vacant-dwelling/Vandalism exclusion in its insurance policy. The district court entered summary judgment against Plaintiff, from which Plaintiff appeals. We reverse.
BACKGROUND
{2} The facts are not in dispute. After his rental home (the dwelling) sustained fire damage, Plaintiff filed…
2Cases cited14 opinions
- Knowles v. United Services Automobile Ass'nNew Mexico Supreme Court · 1992
- Safeco Insurance Co. of America Inc. v. McKennaNew Mexico Supreme Court · 1977
- MDW Enterprises, Inc. v. CNA InsuranceAppellate Division of the Supreme Court of the State of New York · 2004
- Computer Corner, Inc. v. Fireman's Fund InsuranceNew Mexico Court of Appeals · 2002
- Atlas Assurance Co. v. General Builders, Inc.New Mexico Court of Appeals · 1979
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3Cited by3 opinions
- Battishill v. Farmers Alliance InsuranceNew Mexico Supreme Court · 2006
- Crutcher v. Liberty Mut. Ins. Co.New Mexico Supreme Court · 2021
- Mutual Fire Insurance Co. of Calvert County v. AckermanCourt of Special Appeals of Maryland · 2005