[Download] "New Mexico Physicians Mutual Liability Co. V. Lamure" by New Mexico Supreme Court # eBook PDF Kindle ePub Free

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eBook details

• Title: New Mexico Physicians Mutual Liability Co. V. Lamure
• Author : New Mexico Supreme Court
• Release Date : January 31, 1993
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 77 KB

Description

This appeal from a declaratory judgment requires us to determine whether an insurer must indemnify a physician under his medical malpractice insurance policies for liability resulting from allegations of criminal sexual assault. Plaintiff-appellee New Mexico Physicians Mutual Liability Company (the insurer) filed suit to establish nonliability for coverage under medical malpractice insurance policies issued to defendant-appellant, David S. LaMure, Sr., M.D. LaMure had been sued by Lillian Gonzalez on behalf of her minor son, Kristopher Gonzalez, for damages resulting from LaMure's sexual assault of Kristopher. Gonzalez intervened in this declaratory action. Granting summary judgment for the insurer, the district court held that LaMure's malpractice insurance did not cover damages resulting from the underlying sexual assault litigation and that the insurer was not obligated to indemnify LaMure. The district court specifically found that LaMure's acts were criminal and did not constitute "rendering or failing to render professional services" within the coverage provisions of his insurance. We affirm.

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