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New Mexico Physicians Mutual Liability Co. v. Lamure8/31/1993
tion, provides sufficient evidence regarding LaMure's alleged misconduct to resolve the coverage issue. Further evidence detailing LaMure's abuse of Kristopher and the basis of the federal malpractice claim is unnecessary to our legal analysis.
Conclusion
LaMure's medical malpractice insurance does not cover his liability from the federal litigation because LaMure's sexual assault of Kristopher Gonzalez does not constitute "rendering professional services" within the coverage provisions of his policies, and his acts are criminal within his policies' valid coverage exclusions for liability arising from criminal acts. The insurer, therefore, is not required to indemnify LaMure for his liability in the federal litigation. Despite our sympathy for LaMure's victim, denying LaMure indemnification supports the public policy of preventing an insured from being shielded from the negative consequences of his crimes, and of enforcing fair private contracts as written absent conflicting statutorily expressed public policy.
Summary judgment is proper when the case presents no genuine issue of material fact and the movant is entitled to a judgment as a matter of law. SCRA 1986, 1-056(C) (Repl.Pamp.1992). This appeal presents no issue of material fact, and for the reasons discussed above, the insurer is entitled to judgment as a matter of law. The grant of summary judgment is AFFIRMED.
IT IS SO ORDERED.
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