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KIRBY v. GUARDIAN LIFE INS. CO. OF AMERICA

No. 31,329.

231 P.3d 87 (2010)

2010-NMSC-014

Stella R. KIRBY, Plaintiff-Petitioner, v. GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, Defendant-Respondent.

Supreme Court of New Mexico.

March 4, 2010.

Attorney(s) appearing for the Case

Mettler & Lecuyer, P.C., Earl R. Mettler, Shiprock, NM, for Petitioner.

Modrall, Sperling, Roehl, Harris & Sisk, P.A., Donald A. Decandia, Albuquerque, NM, for Respondent.

OPINION

BOSSON, Justice.

{1} Wrongfully denied her disability benefits, a former employee obtained a judgment against her employer's long-term disability plan based on rights accorded under the federal Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001 to 1461 (2000). The employee seeks to enforce that judgment by way of a writ of garnishment against the insurer whose insurance policy funded the employer's disability...

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