New Mexico Appeals Court Expands On Insurer’s Duty To Defend In Updated Opinion

( February 14, 2024, 12:36 PM EST) -- ALBUQUERQUE, N.M. — After granting a motion for rehearing, the New Mexico Court of Appeals withdrew an opinion it issued in December and replaced it with a slightly expanded version in which the court still reversed 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....