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HINKLE v. STATE FARM FIRE & CAS. CO.

No. 31,707.

308 P.3d 1009 (2013)

2013-NMCA-084

Gene E. HINKLE, Hinkle Income Properties, LLC, a New Mexico Limited Liability Company, and Betty Hinkle, Plaintiffs-Appellants, v. STATE FARM FIRE & CASUALTY COMPANY, Defendant-Appellee, and Colorado Casualty, Derek Sanchez, and Fireman's Fund Insurance Company, Defendants.

Court of Appeals of New Mexico.

June 3, 2013.

Attorney(s) appearing for the Case

Will Ferguson & Associates, David M. Houliston , Brian Judson , Albuquerque, NM, for Appellants.

Guebert Bruckner P.C., Terry R. Guebert , Christopher J. DeLara , Albuquerque, NM, for Appellee.

OPINION

WECHSLER, Judge.

{1} In this case, we consider whether the district court erred in granting summary judgment in favor of an insurer in an action alleging that the insurer breached its duty to defend the insured in a third-party suit. The policy at issue included a duty to defend lawsuits arising out of the offenses of abuse of process or malicious prosecution. We conclude that the third-party complaint did not expressly make a claim...

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