Fred Loya Ins. Co. v. Swiech

VANZI, Chief Judge.

{1} The dispositive issue in these consolidated appeals is whether New Mexico's uninsured/underinsured motorist statute, NMSA 1978, § 66-5-301 (1983) (UM/UIM Act), requires an insurance company to pay punitive damages from the uninsured/underinsured (UM/UIM) bodily injury coverage limits of its insured's automobile insurance policy, where (1) the insured motorist sustained only property damage caused by an uninsured motorist; (2) the insurer paid the full amount of the UM/UIM property damage coverage limits of the policy; and (3) the punitive damages claim arose only from…