New Mexico Appeals Court: Duty To Defend Still A Question In Insurance Dispute

(December 21, 2023, 10:49 AM EST) -- ALBUQUERQUE, N.M. — New Mexico law prioritizes the duty to defend over contract defenses, and summary judgment should not be granted when the duty to defend is still a question, the New Mexico Court of Appeals said, reversing a lower court’s grant of summary judgment to insurers based on a contractor’s delayed notification of defect claims after finding that factual disputes remain regarding whether the delay negated the insurers’ duty to defend....

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