Legal Opinion

Smoot v. Physicians Life Insurance

New Mexico Court of Appeals

Decided November 21, 2003No. 22,708PublishedCited by 43 opinions

1Opinion of the Court

OPINION

CASTILLO, Judge.

{1} This case is one of a number of class actions filed in New Mexico courts frequently referred to as modal premium cases. In these cases, the named plaintiff alleges that one or more life insurance companies failed to disclose the costs of insurance premiums paid more often than annually. In this particular case, Plaintiff Annie Smoot alleges Defendant Physicians Life Insurance Company failed to disclose fully the additional cost of her paying insurance premiums monthly rather than annually. Defendant appeals the denial of its motion to dismiss Plaintiffs claims.…

2Cases cited16 opinions

  1. Committee on Children's Television, Inc. v. General Foods Corp.California Supreme Court · 1983
  2. Sims v. SimsNew Mexico Supreme Court · 1996
  3. Melnick v. State Farm Mutual Automobile InsuranceNew Mexico Supreme Court · 1988
  4. Azar v. Prudential Insurance Co. of AmericaNew Mexico Court of Appeals · 2003
  5. Vigil v. ArzolaNew Mexico Supreme Court · 1984

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

3Cited by43 opinions

  1. Lohman v. Daimler-Chrysler Corp.New Mexico Court of Appeals · 2007
  2. Mulford v. Altria Group, Inc.District Court, D. New Mexico · 2007
  3. Porcell v. Lincoln Wood Products, Inc.District Court, D. New Mexico · 2010
  4. Berry v. Federal Kemper Life Assur. Co.New Mexico Court of Appeals · 2004
  5. Brooks v. Norwest Corp.New Mexico Court of Appeals · 2004

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

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