Legal Opinion

Montano v. Allstate Indemnity Co.

New Mexico Supreme Court

Decided May 20, 2004No. 27,966PublishedCited by 57 opinions

1Opinion of the Court

OPINION

CHÁVEZ, Justice.

{1} In this case we are required, once again, to determine whether an insurance company effectively precluded its insured from stacking the policy limits of all of his vehicles insured under the policy for his uninsured motorist (“UM”) claim. Although we have reviewed several such attempts by the insurance industry in the past, each case has presented a new wrinkle. Yet, this Court has never upheld an anti-stacking clause in UM policies because in each case we found either an ambiguity in the policy or the payment of multiple premiums. We have done so in order to…

2Cases cited13 opinions

  1. Romero v. Dairyland InsuranceNew Mexico Supreme Court · 1990
  2. Beavers v. Johnson Controls World Services, Inc.New Mexico Supreme Court · 1994
  3. Sanchez v. HerreraNew Mexico Supreme Court · 1989
  4. Lopez Ex Rel. Estate of Lopez v. Foundation Reserve InsuranceNew Mexico Supreme Court · 1982
  5. Jimenez v. Foundation Reserve InsuranceNew Mexico Supreme Court · 1988

8 more not listed; retrieve them via the Exa API.

3Cited by57 opinions

  1. Jordan v. Allstate InsuranceNew Mexico Supreme Court · 2010
  2. Marckstadt v. Lockheed Martin Corp.New Mexico Supreme Court · 2009
  3. Curry v. Great Nw. Ins. Co.New Mexico Court of Appeals · 2013
  4. Progressive Northwestern Insurance v. Weed Warrior ServicesNew Mexico Supreme Court · 2010
  5. Rimbert v. Eli Lilly and Co.District Court, D. New Mexico · 2008

52 more not listed; retrieve them via the Exa API.

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