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GARCIA v. UNDERWRITERS AT LLOYD'S LONDON

No. 25,985.

156 P.3d 712 (2007)

2007-NMCA-042

Victoria GARCIA, Individually and as Personal Representative of the Estate of Patrick Garcia, Deceased, and as next of friend of Patrick Garcia and Diego Garcia, minors, Plaintiff-Appellant, v. UNDERWRITERS AT LLOYD'S LONDON, Legion Indemnity Company, Burns & Wilcox, Ltd., Copenhagen Re, Union American UAM, CNA Re, St. Paul Re Insurance Co., Odessey Re (London) Ltd., f/k/a Sphere Drake, and Insurance Exchange, Inc., Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Granted April 9, 2007.

Attorney(s) appearing for the Case

Robert Gorman, P.A., Robert Gorman, Law Offices of Robert J. McGuire, P.C., Robert J. McGuire, Cheryl Thompson, Albuquerque, NM, for Appellant.

Kenneth L. Harrigan, Zachary L. McCormick, Albuquerque, NM, for Appellees Underwriters at Llloyd's, London, and Burns & Wilcox, Ltd.

Paul A. Bleicher, Albuquerque, NM, for Appellee Insurance Exchange, Inc.

Certiorari Granted, No. 30,245. April 9, 2007.

OPINION

VIGIL, Judge.

{1} This appeal raises novel questions concerning liquor liability insurance coverage for a wrongful death claim filed against the estate of a decedent that is allowed in the probate proceeding, what constitutes a sufficient demand for a defense under the insurance policy, and the consequence to the insurance company if a defense to the claim is not provided in the...

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