BATTISHILL v. FARMERS ALLIANCE INS. CO.

No. 28,812.

127 P.3d 1111 (2006)

139 N.M. 24

2006-NMSC-004

Cary BATTISHILL, Plaintiff-Respondent, v. FARMERS ALLIANCE INSURANCE COMPANY, Defendant-Petitioner.

Supreme Court of New Mexico.

January 9, 2006.


Attorney(s) appearing for the Case

Atwood, Malone, Turner & Sabine, P.A., Cord D. Borner, Lee M. Rogers, Jr., Roswell, for Petitioner.

Templeman & Crutchfield, P.C., James E. Templeman, Lovington, for Respondent.

Montgomery & Andrews, P.A., Gary R. Kilpatric, Santa Fe, Meckler, Bugler & Tilson, L.L.P., Richard Hodyl, Jr., Chicago, IL, for Amicus Curiae Property Casualty Insurers Association of America.


OPINION

MINZNER, Justice.

{1} Appellant Farmers Alliance Insurance Company appeals from the Court of Appeals' opinion reversing summary judgment in its favor on Appellee Cary Battishill's claim under a homeowner's policy. See Battishill v. Farmers Alliance Ins. Co., 2004-NMCA-109, 136 N.M. 288, 97 P.3d 620. The question on appeal is whether the policy section covering all risks except...

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