MAES v. AUDUBON INDEMNITY INS. GROUP

No. 29,624.

164 P.3d 934 (2007)

2007-NMSC-046

Cora MAES, Plaintiff-Petitioner, v. AUDUBON INDEMNITY INSURANCE GROUP, Defendant-Respondent.

Supreme Court of New Mexico.

Rehearing Denied July 11, 2007.


Attorney(s) appearing for the Case

Sanders & Westbrook, P.C., Maureen A. Sanders, Albuquerque, NM, Dennis T. Sanchez, Taos, NM, for Petitioner.

Miller Stratvert, P.A., Ann Maloney Conway, Deron Bradley Knoner, Albuquerque, NM, for Respondent.

Felker, Ish, Ritchie & Geer, P.A., Carol J. Ritchie, Mark L. Ish, Santa Fe, NM, for Amicus Curiae New Mexico Property and Casualty Insurance Guaranty Association.


OPINION

SERNA, Justice.

{1} Cora Maes ("Maes") sued her property insurer, Audubon Indemnity Insurance Group ("Audubon"), after it originally denied her insurance claim for destroyed property. Audubon asserted immunity from suit on the basis that Maes obtained her insurance with Audubon through the New Mexico Fair Access to Insurance Requirements Plan Act ("FAIR Plan Act" or "the Act"), NMSA 1978, §§ 59A-29-1 to -9 (1985, as amended...

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