Legal Opinion
Gallegos v. Nevada General Insurance
New Mexico Court of Appeals
Decided November 23, 2010No. 29,280PublishedCited by 12 opinions
1Opinion of the Court
OPINION
BUSTAMANTE, Judge.
{1} This case requires us to consider the extent to which an assertedly injured third-party claimant may participate in a declaratory judgment action brought by an automobile insurance company against its insured seeking to deny coverage under its policy. We conclude that third-party claimants are necessary parties to such declaratory judgment actions. The district court having ruled otherwise, we reverse.
I. BACKGROUND
{2} The historical facts out of which this case arises are simple. Monty Gallegos (Plaintiff) and Michelle Lucero (Defendant) were involved in an…
2Cases cited15 opinions
- Maryland Casualty Co. v. Pacific Coal & Oil Co.Supreme Court of the United States · 1941
- Federal Kemper Insurance Company v. Rauscher, Richard H. And Griffith, Robert and Griffith, Linda. Appeal of Robert and Linda GriffithCourt of Appeals for the Third Circuit · 1987
- Liberty Mutual Insurance Company v. Treesdale, Inc.Court of Appeals for the Third Circuit · 2005
- Hovet v. Allstate InsuranceNew Mexico Supreme Court · 2004
- Westchester Fire Insurance v. MendezCourt of Appeals for the Ninth Circuit · 2009
10 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- McDaniel v. Harleysville Mut. Ins. Co., 2100622 (ala.civ.app. 10-28-2011)Court of Civil Appeals of Alabama · 2011
- Berkley National Insurance Company v. Aidcare Trans LLCDistrict Court, D. New Mexico · 2024
- Board of the County of Commissioners of the County of Bernalillo v. Centurion Detention Health Services, LLCDistrict Court, D. New Mexico · 2024
- Kinsale Insurance Company v. Trucking & Contracting Services, LLC, Juan Carlos Gamboa LeyvaDistrict Court, D. New Mexico · 2026
- Martinez v. ConnerDistrict Court, D. New Mexico · 2021
7 more not listed; retrieve them via the Exa API.