IN THE UNITED STATES DISTRICT COURT 

DISTRICT OF NEW MEXICO 

DESERT FOX CUSTOM RESTORATIONS, INC. 

a New Mexico Corporation, 

Plaintiff, 

 2:19-CV-01150-KRS-CG 

v. 

CWS MARKETING GROUP, INC. 

a Virginia Corporation; 

and 

THE ACCURATE GROUP OF TEXAS, LLC, 

a Texas LLC; 

and 

WESTCOR LAND & TITLE, INC., 

A Florida Licensed Insurance Co., 

 Defendants. 

WESTCOR LAND TITLE INSURANCE COMPANY’S 

ANSWER TO PLAINTIFF’S COMPLAINT 

 Defendant Westcor Land Title Insurance Company (“Westcor”), incorrectly named as 

Westcor Land & Title Inc., by and through its counsel of record, Sutin, Thayer & Browne A 

Professional Corporation (Mariposa Padilla Sivage), hereby submits this Answer to Plaintiff 

Desert Fox Custom Restorations, Inc. a New Mexico Corporation’s (“Plaintiff”) Complaint For 

Breach Of Contract; Alternatively Breach Of Covenant Of Good Faith And Fair Dealing; Unfair 

Or Deceptive Trade Practice; Intentional Interference With Contract And Other Economic 

Opportunity; Negligence; Breach Of Fiduciary Duty; Insurance Bad Faith (“Complaint”), filed 

December 6, 2019 (Doc.1) in the above-captioned matter, and states as follows: 

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I. PARTIES 

1. Westcor is without sufficient knowledge or information to form a belief as to the 

truth of paragraph 1 of the Complaint, and therefore denies the same. 

2. Westcor is without sufficient knowledge or information to form a belief as to the 

truth of paragraph 2 of the Complaint, and therefore denies the same. 

3. Westcor is without sufficient knowledge or information to form a belief as to the 

truth of paragraph 3 of the Complaint, and therefore denies the same. 

4. In response to paragraph 4 of the Complaint, Westcor admits that Westcor Land 

Title Insurance Company, incorrectly identified as Westcor Land & Title, Inc. in the caption of 

this matter, is a South Carolina for-profit corporation with its principal place of business in Florida. 

5. Paragraph 5 of the Complaint call for a legal conclusion to which no response is 

required. To the extent a response is required, Westcor admits that it is not a citizen of the District 

of New Mexico, but denies that subject matter jurisdiction exists in the District of New Mexico. 

6. Westcor denies the allegations in paragraph 6 of the Complaint. 

II. JURISDICTION AND VENUE 

7. Paragraph 7 calls for a legal conclusion to which no response is required. To the 

extent a response is required, Westcor is without sufficient knowledge or information to form a 

belief as to the truth of paragraph 7 of the Complaint, and therefore denies the same. 

8. In response to paragraph 8 of the Complaint, Westcor admits that it is a foreign 

corporation that does certain business in New Mexico, but denies that the Court has personal 

jurisdiction over Westcor. 

9. Westcor denies the allegations in paragraph 9 of the Complaint. 

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III. FACTUAL BACKGROUND 

10. Westcor is without sufficient knowledge or information to form a belief as to the 

truth of paragraph 10 of the Complaint, and therefore denies the same. 

11. Westcor is without sufficient knowledge or information to form a belief as to the 

truth of paragraph 11 of the Complaint, and therefore denies the same. 

12. In response to paragraph 12 of the Complaint, Westcor admits that the real property 

subject to this dispute is located at 1640 Rock Dove Lane, El Paso, Texas 7991. Westcor is without 

sufficient knowledge or information to form a belief as to the truth of the remaining allegations in 

paragraph 12, and therefore denies the same. 

13. Westcor is without sufficient knowledge or information to form a belief as to the 

truth of paragraph 13 of the Complaint, and therefore denies the same. 

14. In response to paragraph 14 of the Complaint, Westcor admits that an owner’s title 

policy of insurance exists related to the property located at 1640 Rock Dove Lane, El Paso. 

15. In response to paragraph 15 of the Complaint, Westcor admits that it does business 

with Defendant Accurate whom is solely a policy-issuing company for Westcor. To the extent 

additional allegations remain in paragraph 15, Westcor is without sufficient knowledge or 

information to form a belief as to the truth of the remaining allegations, and therefore denies the 

same. 

16. Westcor is without sufficient knowledge or information to form a belief as to the 

truth of paragraph 16 of the Complaint, and therefore denies the same. 

17. Westcor is without sufficient knowledge or information to form a belief as to the 

truth of paragraph 17 of the Complaint, and therefore denies the same. 

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18. Westcor is without sufficient knowledge or information to form a belief as to the 

truth of paragraph 18 of the Complaint, and therefore denies the same. 

19. Westcor is without sufficient knowledge or information to form a belief as to the 

truth of paragraph 19 of the Complaint, and therefore denies the same. 

20. Westcor is without sufficient knowledge or information to form a belief as to the 

truth of paragraph 20 of the Complaint, and therefore denies the same. 

21. Westcor is without sufficient knowledge or information to form a belief as to the 

truth of paragraph 21 of the Complaint, and therefore denies the same. The remaining allegations 

in paragraph 21 contain legal conclusions to which no response is required and Westcor therefore 

denies the same. 

22. Westcor is without sufficient knowledge or information to form a belief as to the 

truth of paragraph 22 of the Complaint, and therefore denies the same. 

23. Westcor is without sufficient knowledge or information to form a belief as to the 

truth of paragraph 23 of the Complaint, including subparts A-F, and therefore denies the same. 

24. Westcor is without sufficient knowledge or information to form a belief as to the 

truth of paragraph 24 of the Complaint, including subparts a and b, and therefore denies the same. 

25. Westcor is without sufficient knowledge or information to form a belief as to the 

truth of paragraph 25 of the Complaint, and therefore denies the same. 

26. Westcor is without sufficient knowledge or information to form a belief as to the 

truth of paragraph 26 of the Complaint, and therefore denies the same. 

27. Westcor is without sufficient knowledge or information to form a belief as to the 

truth of paragraph 27 of the Complaint, and therefore denies the same. 

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28. Westcor is without sufficient knowledge or information to form a belief as to the 

truth of paragraph 28 of the Complaint, including subparts A-G, and therefore denies the same. 

29. Westcor is without sufficient knowledge or information to form a belief as to the 

truth of paragraph 29 of the Complaint, and therefore denies the same. 

30. Westcor denies the allegations contained in paragraph 30 of the Complaint. 

31. Westcor denies the allegations in paragraph 31 of the Complaint. 

32. Westcor denies the allegations in paragraph 32 of the Complaint. The remaining 

allegations in the paragraph are directed at other defendants, and therefore, no response is required 

of Westcor. To the extent a response is deemed necessary, Westcor is without sufficient 

knowledge or information to form a belief as to the truth of the remaining allegations in the 

paragraph, and therefore denies the same. 

COUNT I. BREACH OF CONTRACT; ALTERNATIVELY, BREACH OF 

COVENANT OF GOOD FAITH AND FAIR DEALING 

33. In response to paragraph 33 of the Complaint, Westcor restates and reincorporates 

its responses contained herein. 

34. Westcor is without sufficient knowledge or information to form a belief as to the 

truth of paragraph 34 of the Complaint, and therefore denies the same. 

35. To the extent the allegations of paragraph 35 of the Complaint are directed at 

Westcor, Westcor admits that it is a title insurance company, and denies the remaining allegations 

in paragraph 35. Westcor states the remaining allegations in the paragraph are directed at other 

defendants, and therefore, no response is required of Westcor. To the extent a response is deemed 

necessary, Westcor is without sufficient knowledge or information to form a belief as to the truth 

of the remaining allegations in the paragraph, and therefore denies the same. 

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36. Westcor denies the allegation contained in paragraph 36 of the Complaint. 

37. Westcor denies the allegation contained in paragraph 37 of the Complaint. 

38. Westcor denies the allegation contained in paragraph 38 of the Complaint. 

39. Westcor denies the allegation contained in paragraph 39 of the Complaint. 

COUNT II. UNFAIR OR DECEPTIVE TRADE PRACTICES 

40. In response to paragraph 40 of the Complaint, Westcor restates and reincorporates 

its responses contained herein. 

41. The allegations contained in paragraph 41 of the Complaint call for legal 

conclusions, which Westcor is not required to answer, however, to the extent an answer is required, 

Westcor denies the same. 

42. The allegations contained in paragraph 42 of the Complaint call for legal 

conclusions, which Westcor is not required to answer, however, to the extent an answer is required, 

Westcor denies the same. 

43. The allegations contained in paragraph 43 of the Complaint call for legal 

conclusions, which Westcor is not required to answer, however, to the extent an answer is required, 

Westcor denies the same. 

44. The allegations contained in paragraph 44 of the Complaint call for legal 

conclusions, which Westcor is not required to answer, however, to the extent an answer is required, 

Westcor denies the same. 

45. The allegations contained in paragraph 45 of the Complaint call for legal 

conclusions, which Westcor is not required to answer, however, to the extent an answer is required, 

Westcor denies the same. 

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46. Westcor denies the allegations contained in paragraph 46 of the Complaint. 

47. The allegations contained in paragraph 47 of the Complaint call for legal 

conclusions, which Westcor is not required to answer, however, to the extent an answer is required, 

Westcor denies the same. 

48. Westcor denies the allegations contained in paragraph 48 of the Complaint. 

COUNT III. INTENTIONAL INTERFERENCE WITH CONTRACT AND 

OTHER ECONOMIC OPPORTUNITY – LOSS OF SALE 

49. In response to paragraph 49 of the Complaint, Westcor restates and reincorporates 

its responses contained herein. 

50. The allegations contained in paragraph 50 of the Complaint call for legal 

conclusions, which Westcor is not required to answer, however, to the extent an answer is required, 

Westcor denies the same. 

51. The allegations contained in paragraph 51 of the Complaint call for legal 

conclusions, which Westcor is not required to answer, however, to the extent an answer is required, 

Westcor denies the same. 

52. Westcor is without sufficient knowledge or information to form a belief as to the 

truth of paragraph 52 of the Complaint, and therefore denies the same. 

53. The allegations contained in paragraph 53 of the Complaint call for legal 

conclusions, which Westcor is not required to answer, however, to the extent an answer is required, 

Westcor denies the same. Westcor also denies this paragraph to the extent that it suggests or 

implies that Westcor is responsible for Plaintiff’s alleged injuries or damages or is otherwise liable. 

54. Westcor denies the allegations contained in paragraph 54 of the Complaint. 

55. Westcor denies the allegations contained in paragraph 55 of the Complaint. 

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56. The allegations contained in paragraph 56 of the Complaint call for legal 

conclusions, which Westcor is not required to answer, however, to the extent an answer is required, 

Westcor denies the same. 

57. The allegations contained in paragraph 57 of the Complaint call for legal 

conclusions, which Westcor is not required to answer, however, to the extent an answer is required, 

Westcor denies the same. 

COUNT IV. NEGLIGENCE 

(CWSMG & ACCURATE GROUP) 

58. In response to paragraph 58 of the Complaint, Westcor restates and reincorporates 

its responses contained herein. 

59. The allegations contained in paragraph 59 of the Complaint are directed at other 

defendants, and therefore, no response is required of Westcor. To the extent a response is deemed 

necessary, Westcor is without sufficient knowledge or information to form a belief as to the truth 

of the remaining allegations in the paragraph, and therefore denies the same. 

60. The allegations contained in paragraph 60 of the Complaint are directed at other 

defendants, and therefore, no response is required of Westcor. To the extent a response is deemed 

necessary, Westcor is without sufficient knowledge or information to form a belief as to the truth 

of the remaining allegations in the paragraph, and therefore denies the same. 

61. The allegations contained in paragraph 61 of the Complaint are directed at other 

defendants, and therefore, no response is required of Westcor. To the extent a response is deemed 

necessary, Westcor is without sufficient knowledge or information to form a belief as to the truth 

of the remaining allegations in the paragraph, and therefore denies the same. 

62. The allegations contained in paragraph 62 of the Complaint are directed at other 

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defendants, and therefore, no response is required of Westcor. To the extent a response is deemed 

necessary, Westcor is without sufficient knowledge or information to form a belief as to the truth 

of the remaining allegations in the paragraph, and therefore denies the same. 

63. The allegations contained in paragraph 63 of the Complaint are directed at other 

defendants, and therefore, no response is required of Westcor. To the extent a response is deemed 

necessary, Westcor is without sufficient knowledge or information to form a belief as to the truth 

of the remaining allegations in the paragraph, and therefore denies the same. 

COUNT V. BREACH OF FIDUCIARY DUTY 

64. In response to paragraph 64 of the Complaint, Westcor restates and reincorporates 

its responses contained herein. 

65. The allegations contained in paragraph 65 of the Complaint call for legal 

conclusions, which Westcor is not required to answer, however, to the extent an answer is required, 

Westcor denies the same. 

66. The allegations contained in paragraph 66 of the Complaint call for legal 

conclusions, which Westcor is not required to answer, however, to the extent an answer is required, 

Westcor denies the same. 

67. The allegations contained in paragraph 67 of the Complaint are directed at other 

defendants, and therefore, no response is required of Westcor. To the extent a response is deemed 

necessary, Westcor is without sufficient knowledge or information to form a belief as to the truth 

of the remaining allegations in the paragraph, and therefore denies the same. 

68. Westcor denies the allegations contained in paragraph 68 of the Complaint. 

69. The allegations contained in paragraph 69 of the Complaint are directed at other 

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defendants, and therefore, no response is required of Westcor. To the extent a response is deemed 

necessary, Westcor is without sufficient knowledge or information to form a belief as to the truth 

of the remaining allegations in the paragraph, and therefore denies the same. 

70. The allegations contained in paragraph 70 of the Complaint call for legal 

conclusions, which Westcor is not required to answer, however, to the extent an answer is required, 

Westcor denies the same. 

COUNT VI. BREACH OF INSURANCE PRACTICES ACT 

(WESTCOR & ACCURATE GROUP) 

71. In response to paragraph 71 of the Complaint, Westcor restates and reincorporates 

its responses contained herein. 

72. Westcor admits that Plaintiff is an insured under a policy of title insurance issued 

by Defendant Accurate, and denies any remaining allegations in paragraph 72 of the Complaint. 

73. Westcor denies paragraph 73 of the Complaint. 

74. The allegations contained in paragraph 74 of the Complaint call for legal 

conclusions, which Westcor is not required to answer, however, to the extent an answer is required, 

Westcor denies the same. 

75. The allegations contained in paragraph 75 of the Complaint call for legal 

conclusions, which Westcor is not required to answer, however, to the extent an answer is required, 

Westcor denies the same. 

76. The allegations contained in paragraph 76, including subparts A-C, of the 

Complaint call for legal conclusions, which Westcor is not required to answer, however, to the 

extent an answer is required, Westcor denies the same. 

77. The allegations contained in paragraph 77 of the Complaint call for legal 

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conclusions, which Westcor is not required to answer, however, to the extent an answer is required, 

Westcor denies the same. 

78. The allegations contained in paragraph 78 of the Complaint call for legal 

conclusions, which Westcor is not required to answer, however, to the extent an answer is required, 

Westcor denies the same. 

79. Paragraph 79 of the Complaint requires no response. To the extent a response is 

required, Westcor denies same. 

GENERAL DENIAL 

80. Westcor denies each and every allegation in the Complaint not explicitly admitted 

herein. 

AFFIRMATIVE DEFENSES

 1. The Complaint fails to state a claim upon which relief may be granted 

 2. Pursuant to 28 USC § 1391, venue is not proper. 

 3. Plaintiff’s claims are barred, in whole or in part, for lack of subject matter 

jurisdiction. 

 4. The Court lacks personal jurisdiction over Westcor. 

 5. Plaintiff’s claims are barred, in whole or in part, by comparative bad faith or 

comparative fault or failure to timely comply with policy preconditions to suit. 

 6. Plaintiff’s claim under the New Mexico Unfair Trade Practices Act is groundless 

and Westcor is entitled to its attorneys' fees in defending against such claim. 

 7. Pursuant to the terms of the title insurance policy, the law to be applied to this case 

is the law of the jurisdiction within the property at issue is located. Thus, Texas, and not New 

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Mexico law applies to Plaintiff’s cause of action. 

 8. Plaintiff's claims are barred, in whole or in part, by the terms of the title insurance 

policy under which Plaintiff is an insured. 

 9. Plaintiff’s claims are barred in whole or in part by unclean hands, laches, waiver, 

estoppel and/or ratification. 

 10. In all events, and at all times relevant hereto, Westcor had, at the very least, a 

legitimate and fairly debatable basis for its conduct, accordingly, Defendant cannot be held liable 

for any extra-contractual damages whatsoever herein. 

 11. To the extent Westcor is found to be at fault, which is specifically denied, then such 

negligence or fault must be compared to that of other defendants, the Plaintiff and others not party 

to this suit and Plaintiff’s damages against Westcor, if any, must be reduced according to its 

percentage of fault. 

12. Plaintiff’s claims are barred by or to the extent Plaintiff failed to mitigate his 

damages. 

13. No act or omission of Westcor was intentional, malicious, willful, or otherwise can 

serve as the basis for an award of penalties, punitive damages, treble damages, or other exemplary 

damages to Plaintiff. 

14. In whole or in part, Westcor’s acts and omissions were neither the cause in fact nor 

the proximate cause of Plaintiff’s alleged injuries and damages. 

 15. Plaintiff's claims are barred in whole or in part by their failure to comply with one 

or more conditions precedent to recovery of the benefits it seeks 

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16. Westcor complied with its obligations under law, and acted in good faith, with 

justification and in a reasonable manner. 

17. Plaintiff may not recover damages for the same loss under two or more different 

causes of action, and only one recovery for the same loss may be awarded. 

18. Any award of penalties, punitive damages, or other exemplary damages may be barred 

or limited by the applicable provisions of the New Mexico and United States Constitutions. 

 19. Some or all of Plaintiff's damages were caused by parities other than Westcor, and 

Westcor is not responsible for losses caused by such parities 

 20. Plaintiff’s claims and alleged damages were the proximate result of an independent, 

intervening cause, thereby barring recovery against Westcor. 

 21. Plaintiff filed to comply with the terms and provisions of the Title Insurance Policy 

at issue and has filed to provide, notice or make any claim on the Title Insurance Policy at issue. 

22. Plaintiff’s claims are limited or barred to the extent that Westcor complied with 

industry or governmental customs, standards, and/or codes 

 23. Westcor states that it does not know which, if any, additional affirmative defenses 

may apply. Westcor has neither knowingly nor intentionally waived any applicable affirmative 

defenses. If Westcor later learns that additional affirmative defenses may apply, it will 

seek leave to amend its answers to raise such other affirmative defenses. Westcor specifically 

reserves the right to assert additional affirmative defenses as discovery continues. 

WHEREFORE Westcor having fully answered the Plaintiff’s Complaint, requests that the 

Complaint be dismissed with prejudice as against Westcor, for costs of suit and for any such other 

and further relief as the Court deems just and proper. 

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 Respectfully Submitted, 

SUTIN, THAYER & BROWNE 

By: /s/ Mariposa Padilla Sivage 

 Mariposa Padilla Sivage 

P.O. Box 1945 

Albuquerque, NM 87103 

Telephone: (505) 883-3433 

Facsimile: (505) 855-9520 

mps@sutinfirm.com 

Attorney for Defendant Westcor 

I hereby certify that a true and correct copy of 

the foregoing Answer to Plaintiff’s Complaint 

was served, via the Court’s CMECF system 

and email, to all counsel of record on the 18th 

day of February, 2020. 

By: /s/ Mariposa Padilla Sivage 

 Mariposa Padilla Sivage 

 

5393473_2.docx 

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