Legal Opinion
Federated Service Insurance v. Martinez
Court of Appeals for the Tenth Circuit
Decided December 1, 2008No. 07-2293PublishedCited by 3 opinions
1Opinion of the Court
CERTIFICATION OF QUESTION OF STATE LAW
TIMOTHY M. TYMKOVICH, Circuit Judge.
This declaratory judgment case is on appeal from the United States District Court for the District of New Mexico. Danny Martinez, a non-managerial employee of Capitol Motor Company, was seriously injured in an accident involving an uninsured motorist on Capitol’s premises. Federated Service Insurance Company, the issuer of Capitol’s commercial insurance policy, rejected Mr. Martinez’s claims for uninsured/underinsured motorist benefits (“UM/UIM”) claiming Capitol had validly waived such coverage for its non-managerial…
2Cases cited4 opinions
- Romero v. Dairyland InsuranceNew Mexico Supreme Court · 1990
- Montano v. Allstate Indemnity Co.New Mexico Supreme Court · 2004
- Marckstadt v. Lockheed Martin Corp. Missiles & Fire ControlNew Mexico Court of Appeals · 2008
- Moore v. State Farm Mutual Automobile InsuranceNew Mexico Court of Appeals · 1994
3Cited by3 opinions
- Valdez v. Metropolitan Property & Casualty InsuranceDistrict Court, D. New Mexico · 2012
- Nationwide Mutual Insurance v. C.R. Gurule, Inc.District Court, D. New Mexico · 2015
- Ullman v. Safeway InsuranceDistrict Court, D. New Mexico · 2013