GARCIA v. UNDERWRITERS AT LLOYD'S, LONDON

No. 30,245.

182 P.3d 113 (2008)

2008-NMSC-018

Victoria GARCIA, Individually and as Personal Representative of The Estate of Patrick Garcia, Deceased, and as next Friend of Patrick G. and Diego G., minors, Plaintiff-Respondent, v. UNDERWRITERS AT LLOYD'S, LONDON, and Burns & Wilcox, Ltd., Defendants-Petitioners.

Supreme Court of New Mexico.

March 13, 2008.


Attorney(s) appearing for the Case

Modrall, Sperling, Roehl, Harris & Sisk, P.A., Kenneth L. Harrigan, Zachary L. McCormick, Albuquerque, NM, for Petitioners.

Robert D. Gorman, P.A., Robert D. Gorman, Robert J. Maguire, P.C., Robert Joseph Maguire, Cheryl Thompson, Albuquerque, NM, for Respondent.


OPINION

BOSSON, Justice.

{1} This insurance case raises issues about when a liability insurer's duty to defend is triggered. Over twenty years ago, in State Farm Fire & Casualty Co. v. Price, our Court of Appeals stated that "before the duty to defend arises there must be a demand." 101 N.M. 438, 443, 684 P.2d 524, 529 (Ct.App. 1984), overruled on other grounds by...

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