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N.M. PHYSICIANS MUT. LIABILITY v. LaMURE

No. 20273.

860 P.2d 734 (1993)

116 N.M. 92

NEW MEXICO PHYSICIANS MUTUAL LIABILITY COMPANY, Plaintiff-Appellee, v. David Sylvester LaMURE, Sr., M.D., Defendant-Appellant, and Lillian Gonzalez, a/n/f of Kristopher Gonzalez, Intervenor-Appellant.

Supreme Court of New Mexico.

August 31, 1993.

Attorney(s) appearing for the Case

Phil Brewer & Paul Snead, Paul Snead, Roswell, for appellant LaMure.

Anderson Carter, II, Las Cruces, Charles Dunn, Lubbock, TX, for appellant Gonzalez.

Kemp, Smith, Duncan & Hammond, A. Drew Hoffman, John P. Eastham, Albuquerque, for appellee.

OPINION

FROST, Justice.

This appeal from a declaratory judgment requires us to determine whether an insurer must indemnify a physician under his medical malpractice insurance policies for liability resulting from allegations of criminal sexual assault. Plaintiff-appellee New Mexico Physicians Mutual Liability Company (the insurer) filed suit to establish nonliability for coverage under medical malpractice insurance policies issued to defendant-appellant...

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