Dechaine v. Liberty Mutual Insurance Company

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
CAROLYN DECHAINE,
Plaintiff,
v. 	No. 1:23-cv-01134-KRS-LF
LIBERTY MUTUAL INSURANCE COMPANY,
Defendant.
STIPULATED ORDER ON
DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT
ON LIABILITY [DOC. 97]
This matter came before the Court on Defendant’s Motion for Partial Summary Judgment
on Liability (“Motion”) [Doc. 97] filed November 10, 2025 and Plaintiff’s Response to
Defendant’s Motion for Partial Summary Judgment on Liability [Doc. 110] filed December 8,
2025. The Parties stipulate that the Motion should be granted as follows:
1. 	The parties agree that Defendant LM Insurance Corporation is not the proximate
cause of Plaintiff’s water damage to the home located at 2856 Pueblo Bonito in Santa Fe, NM (the
“subject property.”).
2. 	The parties agree that Defendant LM Insurance Corporation is not responsible for
the water damage to the subject property.
3. 	The parties agree that this Stipulated Order does not foreclose Plaintiff’s claim for
non-economic damages that Plaintiff alleges were caused by the termination of coverage under the
homeowner’s insurance policy issued by Defendant (Policy No. H35-291-101013-7004).
4. 	The parties agree that this Stipulated Order does not resolve the other pending
Motions for Summary Judgment (Docs. 98 and 100).
Case 1:23-cv-01134-KRS-LF Document 120 Filed 01/09/26 Page 1 of 2

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IT IS SO ORDERED this 9th day of January, 2026.
__________________________________
KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE
Submitted:
RILEY | KELLER | GONZALES
By: /s/ Taryn M. Kaselonis
TARYN M. KASELONIS
PABLO A. SEIFERT
3880 Osuna Road NE
Albuquerque, NM 87109
(505) 883-5030
tkaselonis@rileynmlaw.com
pseifert@rileynmlaw.com
Attorneys for Liberty Mutual
Approved:
By: Scott Fuqua (via email 1/9/26)
SCOTT FUQUA
FUQUA LAW & POLICY, P.C.
P.O. Box 32015
Santa Fe, NM 87594
scott@fuqualawpolicy.com
Case 1:23-cv-01134-KRS-LF Document 120 Filed 01/09/26 Page 2 of 2