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VALLEY IMP. v. HARTFORD ACC. AND INDEM.

No. 20315.

863 P.2d 1047 (1993)

116 N.M. 426

VALLEY IMPROVEMENT ASSOCIATION, Plaintiff-Appellee, and Insurance Company of North America, Plaintiff-in-Intervention-Appellee, v. HARTFORD ACCIDENT AND INDEMNITY COMPANY, Defendant-Appellant.

Supreme Court of New Mexico.

October 26, 1993.

Attorney(s) appearing for the Case

Klecan, Childress & Huling, Mark J. Klecan, Albuquerque, for defendant-appellant.

Dines, Wilson & Gross, P.C., Alan R. Wilson and James M. Dines, Albuquerque, for plaintiff-appellee Ins. Co. of North America.

Eaves, Bardacke & Baugh, P.A., John M. Eaves and David A. Garcia, Albuquerque, for plaintiff-appellee Valley Improvement Ass'n.

Sheehan, Sheehan & Stelzner, P.A., Judith D. Schrandt, Albuquerque, for amicus curiae Atlanta Intern. Ins. Co.

Carpenter, Comeau, Maldegen, Brennan, Nixon & Templeman, Michael W. Brennan, Stephan J. Lauer and Grey W. Handy, Santa Fe, for amicus curiae Allstate Ins. Co.

Gallagher, Casados & Mann, Nathan H. Mann and M. Clea Gutterson, Albuquerque, for amicus curiae Nat. Union Fire Ins. Co.

Robert B. Collins, Albuquerque, for amicus curiae U.S. Fidelity & Guar. Co.

Atwood, Malone, Mann & Turner, P.A., Lee M. Rogers, Jr., Roswell, for amicus curiae Royal Ins. Co.

Simone, Roberts & Weiss, P.A., Stephen M. Simone, Albuquerque, for amicus curiae Bituminous Cas. Corp., and Bituminous Fire & Marine Ins. Co.

OPINION

FROST, Justice.

In this case we consider whether a final judgment was rendered in a declaratory action brought by an insured to establish its insurer's contractual obligations of defense and indemnification. The district court ruled that the insurer was liable to the insured, but it expressly reserved jurisdiction to rule later on the amount of the damages award, including the percentage of defense and liability costs the defendant-insurer...

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