KIRBY v. LONG-TERM DISABILITY PLAN

No. 27,624.

196 P.3d 965 (2008)

2008-NMCA-154

Stella R. KIRBY, Plaintiff-Appellee, v. LONG-TERM DISABILITY PLAN OF TAD RESOURCES INTERNATIONAL, INC., and Guardian Life Insurance Company of America, Defendants-Appellants.

Court of Appeals of New Mexico.

Certiorari Granted, No. 31,329, November 5, 2008.


Attorney(s) appearing for the Case

Mettler & Lecuyer, P.C., Earl Mettler, Albuquerque, NM, for Appellee.

Modrall, Sperling, Roehl, Harris & Sisk, P.A., Donald A. DeCandia, Albuquerque, NM, for Appellant Guardian Life Insurance.


OPINION

WECHSLER, Judge.

{1} The opinion filed in this case on June 23, 2008 is hereby withdrawn and the following substituted therefor. The motion for rehearing of Plaintiff Stella Kirby is denied.

{2} Defendant Guardian Life Insurance Company of America appeals the district court order granting summary judgment in favor of Plaintiff. The district court order allows Plaintiff to garnish the insurance policy sold by Defendant...

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