Legal Opinion

Kirby v. Guardian Life Insurance Co. of America

New Mexico Supreme Court

Decided March 4, 2010No. 31,329PublishedCited by 38 opinions

1Opinion of the Court

OPINION

BOSSON, Justice.

{1} Wrongfully denied her disability benefits, a former employee obtained a judgment against her employer’s long-term disability plan based on rights accorded under the federal Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001 to 1461 (2000). The employee seeks to enforce that judgment by way of a writ of garnishment against the insurer whose insurance policy funded the employer’s disability plan. The district court granted the writ of garnishment against the insurance company, but the Court of Appeals reversed, concluding that the employee’s…

2Cases cited41 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
  3. Ingersoll-Rand Co. v. McClendonSupreme Court of the United States · 1990
  4. New York State Conference of Blue Cross & Blue Shield Plans v. Travelers InsuranceSupreme Court of the United States · 1995
  5. MacKey v. Lanier Collection Agency & Service, Inc.Supreme Court of the United States · 1988

36 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. Potter v. PierceNew Mexico Supreme Court · 2015
  2. Pielhau v. State Farm Mutual Automobile InsuranceNew Mexico Court of Appeals · 2013
  3. Walker v. THI of New Mexico at Hobbs CenterDistrict Court, D. New Mexico · 2011
  4. Trujillo v. Rio Arriba County ex rel. Rio Arriba County Sheriff's DepartmentDistrict Court, D. New Mexico · 2016
  5. Carrillo v. Penn National Gaming, Inc.District Court, D. New Mexico · 2016

33 more not listed; retrieve them via the Exa API.

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