Legal Opinion
Kirby v. Long-Term Disability Plan of TAD Resources International, Inc.
New Mexico Court of Appeals
Decided August 20, 2008No. 27,624PublishedCited by 1 opinion
1Opinion of the Court
OPINION
WECHSLER, Judge.
{1} The opinion filed in this case on June 23, 2008 is hereby withdrawn and the following substituted therefor. The motion for rehearing of Plaintiff Stella Kirby is denied.
{2} Defendant Guardian Life Insurance Company of America appeals the district court order granting summary judgment in favor of Plaintiff. The district court order allows Plaintiff to garnish the insurance policy sold by Defendant to the Long-Term Disability Plan of TAD Resources International, Inc. (the Plan) in order to satisfy the Plan’s default judgment debt owed to Plaintiff. On appeal,…
2Cases cited10 opinions
- It Corporation It Corporation Benefit Plan Harry Joseph Lukowski v. General American Life Insurance CompanyCourt of Appeals for the Ninth Circuit · 1997
- Local 159, 342, 343 & 444 v. Nor-Cal Plumbing, Inc.Court of Appeals for the Ninth Circuit · 1999
- Cipala v. Lincoln Technical InstituteSupreme Court of New Jersey · 2004
- Jemko, Inc. v. LiaghatNew Mexico Court of Appeals · 1987
- Board of Education, Moriarty Municipal School District v. Thunder Mountain Water Co.New Mexico Supreme Court · 2007
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3Cited by1 opinion
- Kirby v. Guardian Life Insurance Co. of AmericaNew Mexico Supreme Court · 2010