Healthsouth Rehabilitation Hospital of New Mexico, Ltd. v. Brawley

OPINION

BUSTAMANTE, Judge.

{1} Third-Party Plaintiff Terry A. Brawley was severely injured in an accident while riding his all-terrain vehicle. He sought coverage under a health plan provided by his wife’s employer, New Mexico Institute of Mining and Technology (NM Tech). NM Tech denied Brawley’s claims on the ground that Brawley’s injuries were sustained while Brawley was under the influence of alcohol and hence his injuries were excluded from coverage under the terms of the health plan. After a bench trial, the district court found that NM Tech had breached its statutory duty to properly…