Legal Opinion

Martinez v. Allstate Insurance

New Mexico Court of Appeals

Decided August 20, 1997No. 17561PublishedCited by 17 opinions

1Opinion of the Court

OPINION

BOSSON, Judge.

1. Plaintiff Peggy Martinez (Martinez) appeals from an order granting summary judgment for Defendant Allstate Insurance Company (Allstate). She raises three issues on appeal that address stacking of underinsured motorist coverage: (1) whether “per person” policy limits can be multiplied by the number of tortfeasors responsible for her injuries; (2) whether state law will permit tortfeasor liability payments to be offset from her damages as opposed to policy limits; and (3) whether a household exclusion under liability coverage can reduce benefits otherwise due her from…

2Cases cited16 opinions

  1. Alexander v. Delgado Ex Rel. DelgadoNew Mexico Supreme Court · 1973
  2. Schmick v. State Farm Mutual Automobile InsuranceNew Mexico Supreme Court · 1985
  3. Levenson v. MobleyNew Mexico Supreme Court · 1987
  4. Sanchez v. HerreraNew Mexico Supreme Court · 1989
  5. Jaramillo v. Providence Washington InsuranceNew Mexico Supreme Court · 1994

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

3Cited by17 opinions

  1. Padilla v. State Farm Mutual Automobile InsuranceNew Mexico Supreme Court · 2003
  2. Phoenix Indemnity Insurance v. PulisNew Mexico Supreme Court · 2000
  3. State Farm Mutual Automobile Insurance v. Ballard Ex Rel. BallardNew Mexico Supreme Court · 2002
  4. Boradiansky v. State Farm Mutual Automobile InsuranceNew Mexico Supreme Court · 2007
  5. Government Employees Insurance v. WelchNew Mexico Supreme Court · 2004

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

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