Millers Casualty Insurance Co. of Texas v. Flores
New Mexico Supreme Court
876 P.2d 227 (1994)
- Written by Rich Walter, JD
Facts
Florence Curtis (defendant), an untrained, unsupervised assistant working for Dr. Harry Winkworth (defendant), administered a medically contraindicated estrogen injection, which caused Estefana Flores (defendant) to suffer a debilitating stroke. Winkworth’s insurer, Millers Casualty Insurance Company of Texas (Millers) (plaintiff), refused to indemnify Winkworth for Flores’s injuries. Millers sued for a declaratory judgment that Winkworth’s policy excluded coverage for a professional medical service like Flores’s ill-advised injection. The trial court rejected Flores’s argument that her injuries stemmed from Winkworth’s shortcomings as Curtis’s employer rather than from Winkworth’s medical services and entered summary judgment for Millers. Flores appealed to the New Mexico Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Baca, J.)
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